Bill Text: CA AB914 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Interagency Task Force on the Status of Boys and Men of

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-22 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB914 Detail]

Download: California-2013-AB914-Amended.html

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BILL NUMBER: AB 914	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 28, 2013
	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  MAY 14, 2013
	AMENDED IN ASSEMBLY  APRIL 15, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 22, 2013

   An act to add Article 3.5 (commencing with Section 84350) to
Chapter 4 of Title 9 of the Government Code, relating to the
Political Reform Act of 1974.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 914, as amended, Gordon. Political Reform Act of 1974: campaign
disclosures.
   The Political Reform Act of 1974 imposes various reporting
requirements with regard to contributions and independent
expenditures, as defined, made for political purposes. The act
establishes the Fair Political Practices Commission as the agency
responsible for administering and enforcing the act. A violation of
the act's provisions is punishable as a misdemeanor.
   This bill would require the Commission to develop a Nonprofit and
Multipurpose Organization Disclosure Statement form. The bill would
require that the form provide for the disclosure of specified
information relating to certain contributions, expenditures, and
independent expenditures made by, and donations made to, a nonprofit
corporation. The bill would  , except as otherwise provided,
 require a nonprofit corporation to file a Nonprofit and
Multipurpose Organization Disclosure Statement, at a time prescribed
by the Commission, in any year in which the nonprofit corporation
makes combined contributions, expenditures, or independent
expenditures in support of or opposition to a candidate, political
party, or ballot measure in this state aggregating $50,000 or more
during the nonprofit corporation's fiscal year.
   The bill would require the Commission to make Nonprofit and
Multipurpose Organization Disclosure Statements available to the
public. The bill would authorize a nonprofit corporation or a donor
to the nonprofit corporation to petition the Commission to maintain
the confidentiality of information relating to donors and donations.
The bill would require the Commission to grant a petition to maintain
the confidentiality of donor and donation information if the
petitioner establishes by clear and convincing evidence that the
public disclosure of donor information will cause undue harm,
threats, harassment, or reprisals to the donor, or that the donor did
not know or have reason to know that his or her donation would be
used to make a contribution, expenditure, or independent expenditure
in support of or opposition to a candidate, political party, or
ballot measure, as specified.
   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 reimbursement is required by this
act for a specified reason.
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill would declare that it furthers the purposes of the act.

   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 3.5 (commencing with Section 84350) is added to
Chapter 4 of Title 9 of the Government Code, to read:

      Article 3.5.  Nonprofit and Multipurpose Organizations


   84350.  (a) This section shall apply only to a nonprofit
corporation, as defined in Section 501(c) of the Internal Revenue
Code, that satisfies both of the following:
   (1) The nonprofit corporation makes, in this state, contributions,
expenditures, or independent expenditures, as defined in Sections
82015, 82025, and 82031, respectively, in support of or opposition to
a candidate, political party, or ballot measure, or any combination
thereof.
   (2) The aggregate contributions, expenditures, or independent
expenditures described in paragraph (1) total, in any combination,
fifty thousand dollars ($50,000) or more during a  fiscal
year of the nonprofit corporation.  calendar year. 

   (b) The Commission shall develop a Nonprofit and Multipurpose
Organization Disclosure Statement form that provides for the
disclosure of all of the following information relative to the
contributions, expenditures, and independent expenditures made by a
nonprofit corporation in support of or opposition to a candidate,
political party, or ballot measure:
   (1) The aggregate combined dollar amount of contributions,
expenditures, and independent expenditures that are made during the
reporting period.
   (2) The amount of expenses attributable to contributions,
expenditures, and independent expenditures as a percentage of the
nonprofit corporation's total expenses that are made during the
reporting period.
   (3) For purposes of a nonprofit corporation for which the combined
amounts of contributions, expenditures, and independent expenditures
made during the reporting period exceed 10 percent of the nonprofit
corporation's total expenses, each of the following with respect to
contributions, expenditures, and independent expenditures made during
that period:
   (A) The amount of any funds, or the fair market value of any
services or assets, that are provided in relation to a contribution,
expenditure, or independent expenditure.
   (B) The amount or fair market value of any liabilities incurred in
relation to a contribution, expenditure, or independent expenditure.

   (C) The date that the funds, services, or assets were provided or
the liabilities were incurred.
   (D) The name and address of the recipient of the contribution,
expenditure, or independent expenditure.
   (E) A description of the contribution, expenditure, or independent
expenditure and its purpose, including whether the contribution,
expenditure, or independent expenditure was made in support of or
opposition to a candidate, political party, or ballot measure.
   (F) Information related to each donor who made donations in an
aggregate amount of ten thousand dollars ($10,000) or more to the
nonprofit corporation during the reporting period, including each of
the following:
   (i) The name and address of the donor.
   (ii) The name of the employer of the donor, if available.
   (iii) The date and amount of each donation from that donor during
the reporting period.
   (c) (1) Except as otherwise provided in this subdivision, a
nonprofit corporation described in subdivision (a) shall file, at a
time to be determined by the Commission, a Nonprofit and Multipurpose
Organization Disclosure Statement with the Commission for any year
in which the nonprofit corporation meets the fifty thousand dollar
($50,000) threshold described in subdivision (a). Except as provided
in subdivision (d), the Commission shall make the filed Nonprofit and
Multipurpose Organization Disclosure Statement available to the
public, as required by Section 81008. 
   (2) A nonprofit corporation is not required to disclose the
information described in paragraph (3) of subdivision (b) if that
information has been previously disclosed by the nonprofit
corporation in any other campaign statement or report required by
this title.  
   (2) A nonprofit corporation shall not be required to file a
Nonprofit and Multipurpose Organization Disclosure Statement for any
period when the nonprofit corporation is filing reports either as a
committee under Section 82013 or as a sponsor of a committee, and the
information described in paragraphs (1) and (2) of subdivision (b)
is disclosed on the committee's reports in a manner prescribed by the
Commission. 
   (3) If a nonprofit corporation required to file a Nonprofit and
Multipurpose Organization Disclosure Statement pursuant to this
section maintains one or more segregated bank accounts for the
purpose of making election-related contributions, expenditures, or
independent expenditures described in subdivision (a), and those
accounts represent the exclusive source of the nonprofit corporation'
s election-related contributions, expenditures, and independent
expenditures in this state, the nonprofit corporation is only
required to report information described in subparagraph (F) of
paragraph (3) of subdivision (b) with respect to donations deposited
into the segregated election-related accounts.
   (d) A nonprofit corporation or a donor to a nonprofit corporation
that is subject to the reporting requirements of this section may
petition the Commission, no later than 45 days prior to the date on
which the Nonprofit and Multipurpose Organization Disclosure
Statement must be filed, to maintain the confidentiality of donor
information that is disclosed on the statement. If a petitioner
demonstrates by clear and convincing evidence that the public
disclosure of donor information reported on the Nonprofit and
Multipurpose Organization Disclosure Statement will cause undue harm,
threats, harassment, or reprisals to the donor or that the donor did
not know or have reason to know that his or her donation would be
used to make a contribution, expenditure, or independent expenditure
described in subdivision (a) in this state, the Commission shall,
notwithstanding Section 81008, treat the donor and donation
information as confidential and shall redact the donor and donation
information from any documents that are made available to the public.
The Commission shall inform the petitioner, in writing, whether the
petition to maintain the confidentiality of donor and donation
information has been granted or denied. The Commission's grant or
denial determination shall include a statement of findings and
conclusions, and the reasons or basis for the determination.
  SEC. 2.  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.
  SEC. 3.  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.