Bill Text: CA AB9 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Political Reform Act of 1974: expenditures.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 363, Statutes of 2009. [AB9 Detail]

Download: California-2009-AB9-Introduced.html

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BILL NUMBER: AB 9	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member John A. Perez
   (Coauthor: Assembly Member Beall)

                        DECEMBER 1, 2008

   An act to add Section 82025.5 to the Government Code, relating to
the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 9, as introduced, John A. Perez. Political Reform Act of 1974:
expenditures.
    Under the Political Reform Act of 1974, an "expenditure" means a
payment, a forgiveness of a loan, a payment of a loan by a 3rd party,
or an enforceable promise to make a payment, unless it is clear from
the surrounding circumstances that it is not made for political
purposes. Under the act, a candidate or committee that makes an
independent expenditure totaling $1,000 or more in a calendar year to
support or oppose a measure or qualification of a measure shall file
a report of that disclosure with the Fair Political Practices
Commission.
   This bill clarifies existing law that an expenditure includes the
payment of public moneys by a state agency or local government
agency, or by an agent of that agency, for a communication to the
electorate within the jurisdiction of that agency regarding a clearly
identified measure, except if the communication constitutes a fair
and impartial presentation of the facts relating to the measure or
the communication is otherwise required by law.
   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 82025.5 is added to the Government Code, to
read:
   82025.5.  (a) Except as described in subdivision (b), "expenditure"
includes the payment of public moneys by a state agency or local
government agency, or by an agent of that agency, for a communication
to the electorate within the jurisdiction of that agency regarding a
clearly identified measure.
   (b) "Expenditure" does not include either of the following:
   (1) A communication where the information in the communication
constitutes a fair and impartial presentation of relevant facts
relating to the measure.
   (2) A communication otherwise required by law.
   (c) For purposes of this section, a communication clearly
identifies a measure if it satisfies subparagraph (C) or (D) of
paragraph (1) of subdivision (b) of Section 18225 of Title 2 of the
California Code of Regulations.