Bill Text: CA AB909 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Political Reform Act of 1974: statements of acknowledgment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-09-20 - Chaptered by Secretary of State - Chapter 313, Statutes of 2019. [AB909 Detail]
Download: California-2019-AB909-Amended.html
SECTION 1. Section 84103.5 is added to the Government Code , to read: 84103.5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
Bill Title: Political Reform Act of 1974: statements of acknowledgment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-09-20 - Chaptered by Secretary of State - Chapter 313, Statutes of 2019. [AB909 Detail]
Download: California-2019-AB909-Amended.html
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Amended
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Senate
May 28, 2019 |
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Amended
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Senate
May 20, 2019 |
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Amended
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Assembly
April 02, 2019 |
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Amended
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Assembly
March 19, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 909 |
| Introduced by Assembly Member Gallagher |
February 20, 2019 |
An act to add Section 84103.5 to amend Sections 84102 and 84103 of the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 909, as amended, Gallagher.
Political Reform Act of 1974: statements of acknowledgment.
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures, as defined, and imposing other reporting and recordkeeping requirements on campaign committees, as defined. The act requires every committee to have a treasurer.
The act requires certain committees to file a statement of organization that includes, among other information, the full name, street address, email address, and telephone number of the treasurer. An existing regulation adopted by the Fair Political Practices Commission permits these committees to designate one assistant treasurer on the statement of organization.
This bill would require
the statement of organization to also include a statement signed by any person identified as a treasurer or assistant treasurer a treasurer or assistant treasurer identified on the statement of organization to
sign a statement acknowledging that, by serving as a treasurer or assistant treasurer, the person must comply with duties imposed by the act and existing regulations adopted by the Commission Commission, and that a violation of these duties could result in criminal, civil, or administrative penalties. The bill would require that the statement of acknowledgment be filed with the Secretary of State at the same time as the statement of organization or an amendment identifying a new treasurer or assistant treasurer.
A violation of the act is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursogram">
Local Program:
YES
Bill Text
The people of the State of California do enact as follows:
(a)A person identified as a treasurer or assistant treasurer on a statement of organization, or an amendment filed pursuant to Section 84103, shall sign a statement acknowledging the following:
(1)By serving as a treasurer or assistant treasurer, the person must comply with all applicable duties stated in this title and the regulations of the Commission.
(2)A violation of these duties could result in criminal, civil, or administrative penalties.
(b)The statement of acknowledgment shall be filed with the Secretary of State at the same time as
the statement of organization or an amendment filed pursuant to Section 84103 that identifies a new treasurer or assistant treasurer.
(c)This section shall not become operative until the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602.
SECTION 1.
Section 84102 of the Government Code is amended to read:84102.
The statement of organization required by Section 84101 shall include all of the following:(a) The name, street address, email address, and telephone number, if any, of the committee. In the case of a sponsored committee, the name of the committee shall include the name of its sponsor. If a committee has more than one sponsor, and the sponsors are members of an industry or other identifiable group, a term identifying that industry or group shall be included in the name of the committee.
(b) In the case of a sponsored committee, the name, street address, and telephone number of each sponsor.
(c) The full name, street address, email address, and telephone
number, of the treasurer and any other principal officers.
(1) A committee with more than one principal officer shall identify its principal officers as follows:
(A) A committee with three or fewer principal officers shall identify all principal officers.
(B) A committee with more than three principal officers shall identify no fewer than three principal officers.
(2) If no individual other than the treasurer is a principal officer, the treasurer shall be identified as both the treasurer and the principal officer.
(d) (1) A statement signed by any person identified as a treasurer or
assistant treasurer on the statement of organization acknowledging the following:
(A) By serving as treasurer or assistant treasurer, the person must comply with all applicable duties stated in this title and the regulations of the Commission.
(B) A violation of these duties could result in criminal, civil, or administrative penalties.
(2) A failure to submit the statement of acknowledgment pursuant to paragraph (1) is not a violation of this title. However, the statement of organization is not complete until the statement of acknowledgment has been filed.
(3) This subdivision shall not become operative until the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602.
(e) The full name and office sought by a candidate, and the title and ballot number, if any, of any measure, that the coms established an account and the account
number.
(g)
(h) Other information as shall be required by the rules or regulations of the Commission consistent with the purposes and provisions of this chapter.
SEC. 2.
Section 84103 of the Government Code is amended to read:84103.
(a) If there is a change in any of the information contained in a statement of organization, an amendment shall be filed within 10 days to reflect the change. The committee shall file the original of the amendment online or electronically with the Secretary of State and shall also file a copy of the amendment with the local filing officer, if any, with whom the committee is required to file the originals of its campaign reports pursuant to Section 84215.(b) In addition to filing an amendment to a statement of organization as required by subdivision (a), a committee as defined in subdivision (a) of Section 82013 shall file an amendment to its statement of organization within 24 hours if the change requiring the amendment occurs within 16 days before the date of
the election in connection with which the committee is required to file a preelection statement, and if any of the following information is changed:
(1) The name of the committee.
(2) The name of the treasurer or other principal officers.
(3) The name of any candidate or committee by which the committee is controlled or with which it acts jointly.
The amendment shall include the changed information, the date of the change, and the committee’s name and identification number.
The committee shall file the original of the amendment online or electronically with the Secretary of State and a copy with the local filing officer, if any, with whom the committee is required to file the original of its campaign reports, by email, fax, online
transmission, guaranteed overnight delivery, or personal delivery.
(c) (1) If an amendment to a statement of organization identifies a new treasurer or assistant treasurer that person shall sign the statement of acknowledgment required by subdivision (d) of Section 84102.
(2) This subdivision shall not become operative until the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602.
