Bill Text: CA SB921 | 2015-2016 | Regular Session | Introduced
Bill Title: Political Reform Act of 1974: campaign statements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB921 Detail]
Download: California-2015-SB921-Introduced.html
BILL NUMBER: SB 921 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Anderson
JANUARY 27, 2016
An act to amend Section 84211 of the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 921, as introduced, Anderson. Political Reform Act of 1974:
campaign statements.
The Political Reform Act of 1974 generally requires elected
officials, candidates for elective office, and committees formed
primarily to support or oppose a candidate for public office or a
ballot measure, along with other entities, to file periodic campaign
statements. The act requires that these campaign statements contain
prescribed information related to campaign contributions and
expenditures of the filing entities.
This bill would correct an erroneous cross-reference in these
provisions and would make other technical, nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84211 of the Government Code is amended to
read:
84211. Each campaign statement required by this article shall
contain all of the following information:
(a) The total amount of contributions received during the period
covered by the campaign statement and the total cumulative amount of
contributions received.
(b) The total amount of expenditures made during the period
covered by the campaign statement and the total cumulative amount of
expenditures made.
(c) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of one hundred dollars ($100) or more.
(d) The total amount of contributions received during the period
covered by the campaign statement from persons who have given a
cumulative amount of less than one hundred dollars ($100).
(e) The balance of cash and cash equivalents on hand at the
beginning and the end of the period covered by the campaign
statement.
(f) If the cumulative amount of contributions (including
loans) contributions, including loans, received
from a person is one hundred dollars ($100) or more and a
contribution or loan has been received from that person during the
period covered by the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The date and amount received for of
each contribution received during the period covered by the
campaign statement and and, if the
contribution is a loan, the interest rate for the loan.
(6) The cumulative amount of contributions.
(g) If the cumulative amount of loans received from or made to a
person is one hundred dollars ($100) or more, and a loan has been
received from or made to a person during the period covered by the
campaign statement, or is outstanding during the period covered by
the campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The original date and amount of each loan.
(6) The due date and interest rate of the loan.
(7) The cumulative payment made or received to date at the end of
the reporting period.
(8) The balance outstanding at the end of the reporting period.
(9) The cumulative amount of contributions.
(h) For each person, other than the filer, who is directly,
indirectly, or contingently liable for repayment of a loan received
or outstanding during the period covered by the campaign statement,
all of the following:
(1) His or her full name.
(2) His or her street address.
(3) His or her occupation.
(4) The name of his or her employer, or if self-employed, the name
of the business.
(5) The amount of his or her maximum liability outstanding.
(i) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received one
hundred dollars ($100) or more.
(j) The total amount of expenditures made during the period
covered by the campaign statement to persons who have received less
than one hundred dollars ($100).
(k) For each person to whom an expenditure of one hundred dollars
($100) or more has been made during the period covered by the
campaign statement, all of the following:
(1) His or her full name.
(2) His or her street address.
(3) The amount of each expenditure.
(4) A brief description of the consideration for which each
expenditure was made.
(5) In the case of an expenditure which
that is a contribution to a candidate, elected officer, or
committee or an independent expenditure to support or oppose a
candidate or measure, in addition to the information required in
paragraphs (1) to (4) above, (4), inclusive,
the date of the contribution or independent
expenditure, expenditure; the cumulative amount
of contributions made to a candidate, elected officer, or committee,
or the cumulative amount of independent expenditures made relative to
a candidate or measure; the full name of the candidate, and the
office and district for which he or she seeks nomination or election,
or the number or letter of the measure; and the jurisdiction in
which the measure or candidate is voted upon.
(6) The information required in paragraphs (1) to (4), inclusive,
for each person, if different from the payee, who has provided
consideration for an expenditure of five hundred dollars ($500) or
more during the period covered by the campaign statement.
For purposes of subdivisions (i), (j), and (k) only, the
terms "expenditure" or "expenditures" mean any individual
payment or accrued expense, unless it is clear from surrounding
circumstances that a series of payments or accrued expenses are for a
single service or product.
( l ) In the case of a controlled committee, an
official committee of a political party, or an organization formed or
existing primarily for political purposes, the amount and source of
any miscellaneous receipt.
(m) If a committee is listed pursuant to subdivision (f), (g),
(h), (k), ( l ), or (q), (p),
the number assigned to the committee by the Secretary of State
shall be listed, or if no number has been assigned, the full name and
street address of the treasurer of the committee.
(n) In a campaign statement filed by a candidate who is a
candidate in both a state primary and general election, his or her
controlled committee, or a committee primarily formed to support or
oppose such a candidate, the total amount of contributions received
and the total amount of expenditures made for the period January 1
through to June 30 , inclusive,
and the total amount of contributions received and expenditures
made for the period July 1 through to
December 31 , inclusive .
(o) The full name, residential or business address, and telephone
number of the filer, or in the case of a campaign statement filed by
a committee defined by subdivision (a) of Section 82013, the name,
street address, and telephone number of the committee and of the
committee treasurer. In the case of a committee defined by
subdivision (b) or (c) of Section 82013, the name that the filer uses
on campaign statements shall be the name by which the filer is
identified for other legal purposes or any name by which the filer is
commonly known to the public.
(p) If the campaign statement is filed by a candidate, the name,
street address, and treasurer of any committee of which he or she has
knowledge which has received contributions or made expenditures on
behalf of his or her candidacy and whether the committee is
controlled by the candidate.
(q) A contribution need not be reported nor shall it be deemed
accepted if it is not cashed, negotiated, or deposited and is
returned to the contributor before the closing date of the campaign
statement on which the contribution would otherwise be reported.
(r) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k) and 50 percent or more of the business entity is
owned by a candidate or person controlling the committee, by an
officer or employee of the committee, or by a spouse of any of these
individuals, the committee's campaign statement shall also contain,
in addition to the information required by subdivision (k), that
person's name, the relationship of that person to the committee, and
a description of that person's ownership interest or position with
the business entity.
(s) If a committee primarily formed for the qualification or
support of, or opposition to, an initiative or ballot measure is
required to report an expenditure to a business entity pursuant to
subdivision (k), and a candidate or person controlling the committee,
an officer or employee of the committee, or a spouse of any of these
individuals is an officer, partner, consultant, or employee of the
business entity, the committee's campaign statement shall also
contain, in addition to the information required by subdivision (k),
that person's name, the relationship of that person to the committee,
and a description of that person's ownership interest or position
with the business entity.
(t) If the campaign statement is filed by a committee, as defined
in subdivision (b) or (c) of Section 82013, information sufficient to
identify the nature and interests of the filer, including:
(1) If the filer is an individual, the name and address of the
filer's employer, if any, or his or her principal place of business
if the filer is self-employed, and a description of the business
activity in which the filer or his or her employer is engaged.
(2) If the filer is a business entity, a description of the
business activity in which it is engaged.
(3) If the filer is an industry, trade, or professional
association, a description of the industry, trade, or profession
which it represents, including a specific description of any portion
or faction of the industry, trade, or profession which the
association exclusively or primarily represents.
(4) If the filer is not an individual, business entity, or
industry, trade, or professional association, a statement of the
person's nature and purposes, including a description of any
industry, trade, profession, or other group with a common economic
interest which the person principally represents or from which its
membership or financial support is principally derived.
