Bill Text: CA SB2 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Political Reform Act of 1974.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2014-04-10 - Ordered to inactive file on request of Assembly Member V. Manuel Pérez. [SB2 Detail]
Download: California-2013-SB2-Amended.html
Bill Title: Political Reform Act of 1974.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2014-04-10 - Ordered to inactive file on request of Assembly Member V. Manuel Pérez. [SB2 Detail]
Download: California-2013-SB2-Amended.html
BILL NUMBER: SB 2 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN SENATE MAY 15, 2013
AMENDED IN SENATE MAY 6, 2013
AMENDED IN SENATE APRIL 23, 2013
AMENDED IN SENATE APRIL 17, 2013
AMENDED IN SENATE FEBRUARY 25, 2013
INTRODUCED BY Senators Lieu and Yee
DECEMBER 3, 2012
An act to amend Sections 84107, 84305.5, 84510, 85701,
85704, 90003, 91000, 91005,
91005.5,and 91013 and 910 05.5 of,
and to add Section 84503.5 to, the Government Code, relating to the
Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 2, as amended, Lieu. Political Reform Act of 1974.
(1) Existing law, the Political Reform Act of 1974, provides for
the comprehensive regulation of campaign financing, including
requiring the reporting of campaign contributions and expenditures
and imposing other reporting and recordkeeping requirements on
campaign committees. The act also imposes administrative, civil, and
criminal fines and penalties for violations of its provisions.
This bill would increase certain administrative, civil, and
criminal fines and penalties imposed by the act, as specified.
(2) The act also regulates advertisements, which are defined as
any general or public advertisement that is authorized and paid for
by a person or committee for the purpose of supporting or opposing a
candidate for elective office or a ballot measure or ballot measures.
The act places certain disclosure requirements on advertisements. In
addition to other penalties imposed by the act, a fine of up to
triple the amount of the cost of an advertisement can be imposed on a
person who violates the disclosure requirements for advertisements.
This bill would require that television, video, or audio broadcast
advertisements supporting or opposing a candidate or soliciting
contributions in support of that purpose that are authorized by a
candidate include a specified disclosure statement made by the
candidate.
The bill would increase the maximum penalty for a violation of
these provisions to 6 times the amount of the costs of the
advertisement.
(3) The act regulates mass mailings, known as slate mailers, that
support or oppose multiple candidates or ballot measures for an
election. The act requires that each slate mailer identify the slate
mailer organization or committee primarily formed to support or
oppose one or more ballot measures that is sending the slate mailer,
and to contain other specified information in specified formatting.
The act requires that each candidate and each ballot measure that has
paid to appear in the slate mailer be designated by an asterisk.
This bill would additionally require that a candidate or ballot
measure appearing in the slate mailer as a result of a payment made
by a 3rd party be designated by an "@," and would require the notice
to voters included on a slate mailer be revised to describe this new
requirement. The bill would require that a slate mailer that is
produced in a language other than English provide the notice to
voters in that same language. The bill would require that a slate
mailer provide the notice in both English and another language if a
substantial portion of a slate mailer is produced in the other
language.
(4) The act requires a ballot measure committee, within 30 days of
designating the numerical order of propositions appearing on the
ballot, to identify itself as committee for or against that numbered
proposition in all required references.
This bill would reduce the amount of time in which a ballot
measure committee must reference itself as a committee for or against
a numbered proposition to within 10 days of designating the
numerical order of propositions.
(5) The act is administered and enforced by the Fair Political
Practices Commission. The act authorizes the Commission to perform
discretionary investigations and audits with respect to campaign and
lobbying reports and statements that are filed with the Secretary of
State. The act also authorizes any person residing in the
jurisdiction to sue for injunctive relief to prevent violations or
compel compliance with the act.
This bill would specify that the Commission may perform audits
prior to the date of the election and prior to the date that a
statement or report is required to be filed. The bill would authorize
a person to challenge an audit by the Commission or any order
resulting from an audit by seeking a writ of mandate, which would
take priority over all other civil matters. The bill would specify
that the Commission is authorized to seek an injunction to prevent a
violation of or compel compliance with the act.
(6)
(5) The act makes a knowing or willful violation of its
provisions a misdemeanor and subjects offenders to criminal
penalties.
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.
(7)
(6) 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. (a) The Legislature finds and
declares all of the following:
(1) The schedule by which elected officers, candidates,
committees, and slate mailer organizations are required to file
campaign statements should serve the goals of increased transparency
and simplified campaign disclosure requirements.
(2) The public benefits from transparency and timely disclosure of
information about contributions and expenditures.
(3) Candidates and campaigns benefit from a simple, easily
understood reporting schedule without a proliferation requirements
for special reports.
(4) A state filing schedule similar to that required in federal
campaigns can reduce the complexity of filing requirements for some
candidates and committees.
(b) It is the intent of the Legislature to enact legislation to
establish a schedule with more frequent, but more regular, campaign
statements that provide information when the public most needs it and
when it is most useful for enforcement of the requirements of the
Political Reform Act of 1974.
SEC. 2. SECTION 1. Section 84107 of
the Government Code is amended to read:
84107. Within 10 days of the designation of the numerical order
of propositions appearing on the ballot, any committee which is
primarily formed to support or oppose a ballot measure, shall, if
supporting the measure, include the statement, "a committee for
Proposition ____," or, if opposing the measure, include the
statement, "a committee against Proposition ____," in any reference
to the committee required by law.
SEC. 3. SEC. 2. Section 84305.5 of
the Government Code is amended to read:
84305.5. (a) No slate mailer organization or committee primarily
formed to support or oppose one or more ballot measures shall send a
slate mailer unless:
(1) The name, street address, and city of the slate mailer
organization or committee primarily formed to support or oppose one
or more ballot measures are shown on the outside of each piece of
slate mail and on at least one of the inserts included with each
piece of slate mail in no less than 8-point roman type which shall be
in a color or print which contrasts with the background so as to be
easily legible. A post office box may be stated in lieu of a street
address if the street address of the slate mailer organization or the
committee primarily formed to support or oppose one or more ballot
measure is a matter of public record with the Secretary of State's
Political Reform Division.
(2) At the top or bottom of the front side or surface of at least
one insert or at the top or bottom of one side or surface of a
postcard or other self-mailer, there is a notice in at least 8-point
roman boldface type, which shall be in a color or print which
contrasts with the background so as to be easily legible, and in a
printed or drawn box and set apart from any other printed matter. The
notice shall consist of the following statement:
| |
| |
| NOTICE TO VOTERS |
| |
| |
| |
| THIS DOCUMENT WAS PREPARED BY (name of slate |
| mailer organization or committee primarily |
| formed to support or oppose one or more ballot |
| measures), NOT AN OFFICIAL POLITICAL PARTY |
| ORGANIZATION. Appearance in this mailer does |
| not necessarily imply endorsement of others |
| appearing in this mailer, nor does it imply |
| endorsement of, or opposition to, any issues |
| set forth in this mailer. Each item designated |
| by an * has been paid for and authorized by |
| the candidate or ballot measure indicated. |
| Each item designated by an @ has been paid for |
| by a person other than the candidate or |
| ballot measure. |
| |
| |
(3) The name, street address, city, and Internet Web site address,
if any, of the slate mailer organization or committee primarily
formed to support or oppose one or more ballot measures as required
by paragraph (1) and the notice required by paragraph (2) may appear
on the same side or surface of an insert.
(4) Each candidate and each ballot measure that has paid to appear
in the slate mailer is designated by an *. Each candidate and ballot
measure whose appearance has been paid for by a third party is
designated by an @. Any candidate or ballot measure that has not paid
to appear in the slate mailer, and whose appearance has not been
paid for by a third party, is not designated by an * or @.
The * and @ required by this subdivision shall be of the same type
size, type style, color or contrast, and legibility as is used for
the name of the candidate or the ballot measure name or number and
position advocated to which the * or @ designation applies except
that in no case shall the * and @ be required to be larger than
10-point boldface type. The designation shall immediately follow the
name of the candidate, or the name or number and position advocated
on the ballot measure where the designation appears in the slate of
candidates and measures. If there is no slate listing, the
designation shall appear at least once in at least 8-point boldface
type, immediately following the name of the candidate, or the name or
number and position advocated on the ballot measure.
(5) The name of any candidate appearing in the slate mailer who is
a member of a political party differing from the political party
which the mailer appears by representation or indicia to represent is
accompanied, immediately below the name, by the party designation of
the candidate, in no less than 9-point roman type which shall be in
a color or print that contrasts with the background so as to be
easily legible. The designation shall not be required in the case of
candidates for nonpartisan office.
(6) If a slate mailer is produced entirely in a language other
than English, the notice to voters required pursuant to paragraph (2)
shall be produced in that language. If a substantial portion of a
slate mailer, as determined by the Commission by regulation, is in a
language other than English, the notice to voters required pursuant
to paragraph (2) shall be produced in both English and the other
language.
(b) For purposes of the designations required by paragraph (4) of
subdivision (a), the payment of any sum made reportable by
subdivision (c) of Section 84219 by or at the behest of a candidate
or committee, whose name or position appears in the mailer, to the
slate mailer organization or committee primarily formed to support or
oppose one or more ballot measures, shall constitute a payment to
appear, requiring the * designation. The payment shall also be deemed
to constitute authorization to appear in the mailer.
SEC. 4. SEC. 3. Section 84503.5 is
added to the Government Code, to read:
84503.5. (a) A television or video broadcast advertisement that
supports or opposes a candidate or solicits contributions in support
of that purpose shall, if the advertisement is authorized by a
candidate or an agent of the candidate, include a statement in which
the candidate identifies himself or herself and states that the
candidate has approved the message. The candidate statement shall be
made using an unobscured, full-screen video of the candidate making
the statement, or by using an unobscured, full-screen, and clearly
identifiable photographic image of the candidate that is displayed
during an audio voiceover of the candidate reading the statement.
(b) An audio broadcast advertisement that supports or opposes a
candidate or solicits contributions in support of that purpose shall,
if the advertisement is authorized by a candidate or an agent of the
candidate, include an audio statement in which the candidate
identifies himself or herself and states that the candidate has
approved the message.
SEC. 5. SEC. 4. Section 84510 of the
Government Code is amended to read:
84510. (a) In addition to the remedies provided for in Chapter 11
(commencing with Section 91000) of this title, any person who
violates this article is liable in a civil or administrative action
brought by the commission or any person for a fine up to six times
the cost of the advertisement, including placement costs.
(b) The remedies provided in subdivision (a) shall also apply to
any person who purposely causes any other person to violate any
provision of this article or who aids and abets any other person in a
violation.
(c) If a judgment is entered against the defendant or defendants
in an action brought under this section, the plaintiff shall receive
50 percent of the amount recovered. The remaining 50 percent shall be
deposited in the General Fund of the state. In an action brought by
a local civil prosecutor, 50 percent shall be deposited in the
account of the agency bringing the action and 50 percent shall be
paid to the General Fund of the state.
SEC. 6. Section 85701 of the Government Code is
amended to read:
85701. Any candidate or committee that receives a contribution in
violation of Section 84301 shall pay to the General Fund of the
state the amount of the contribution and pay to the Political
Disclosure, Accountability, Transparency, and Access Fund a fine in
the amount of 15 percent of the contribution.
SEC. 7. SEC. 5. Section 85704 of the
Government Code is amended to read:
85704. A person may not make any contribution to a committee on
the condition or with the agreement that it will be contributed to
any particular candidate or ballot measure committee unless the
contribution is fully disclosed pursuant to Section 84302. A person
who makes a contribution to a committee that violates this section
shall pay to the General Fund of the state the amount of the
contribution and pay to the Political Disclosure, Accountability,
Transparency, and Access Fund a fine in the amount of 15 percent of
the contribution.
SEC. 8. Section 90003 of the Government Code is
amended to read:
90003. (a) In addition to the audits and investigations required
by Section 90001, the Franchise Tax Board and the Commission may make
investigations and audits with respect to any reports or statements
required by Chapter 4 (commencing with Section 84100), Chapter 5
(commencing with Section 85100), or Chapter 6 (commencing with
Section 86100).
(b) (1) Nothing in this chapter shall be construed to prohibit the
Commission from undertaking any audit authorized by this section
prior to the date of the election or prior to the date upon which the
report or statement is required to be filed. A candidate or
committee shall, during the audit, make all relevant records
available for immediate review by the Commission.
(2) A person who is subject to an audit authorized by this section
may contest the performance of the audit or an order issued by the
Commission as a result of an audit by seeking a writ of mandate.
Venue for the proceeding shall be exclusively in the County of
Sacramento. The action shall be given priority over all other civil
matters.
(3) In addition to any other remedies available to the Commission,
including injunctive relief pursuant to Section 91003, the
Commission may seek an injunction pursuant to Title 7 (commencing
with Section 501) of Part 2 of the Code of Civil Procedure to compel
a person who is subject to an audit authorized by this section to
cooperate with the Commission in the performance of the audit or to
compel compliance with an order of the Commission resulting from the
audit. Notwithstanding any other law, an appeal of an injunction
issued in favor of the Commission shall not result in a mandatory
stay pending the resolution of the appeal. A stay of an injunction
pending resolution of the appeal may be ordered at the discretion of
the court issuing the injunction.
SEC. 9. SEC. 6. Section 91000 of the
Government Code is amended to read:
91000. (a) Any person who knowingly or willfully violates any
provision of this title is guilty of a misdemeanor.
(b) In addition to other penalties provided by law, a fine of up
to the greater of fifteen thousand dollars ($15,000) or five times
the amount the person failed to report properly or unlawfully
contributed, expended, gave , or received may be imposed
upon conviction for each violation.
(c) Prosecution for violation of this title must be commenced
within four years after the date on which the violation occurred.
SEC. 10. SEC. 7. Section 91005 of
the Government Code is amended to read:
91005. (a) Any person who makes or receives a contribution, gift,
or expenditure in violation of Section 84300, 84304, 86203, or 86204
is liable in a civil action brought by the civil prosecutor or by a
person residing within the jurisdiction for an amount up to one
thousand five hundred dollars ($1,500) or five times the amount of
the unlawful contribution, gift, or expenditure, whichever amount is
greater.
(b) Any designated employee or public official specified in
Section 87200, except an elected state officer, who realizes an
economic benefit as a result of a violation of Section 87100 or of a
disqualification provision of a conflict of interest code is liable
in a civil action brought by the civil prosecutor or by a person
residing within the jurisdiction for an amount up to three times the
value of the benefit.
SEC. 11. SEC. 8. Section 91005.5 of
the Government Code is amended to read:
91005.5. Any person who violates any provision of this title,
except Sections 84305, 84307, and 89001, for which no specific civil
penalty is provided, shall be liable in a civil action brought by the
commission or the district attorney pursuant to subdivision (b) of
Section 91001, or the elected city attorney pursuant to Section
91001.5, for an amount up to seven thousand dollars ($7,000) per
violation.
No civil action alleging a violation of this title may be filed
against a person pursuant to this section if the criminal prosecutor
is maintaining a criminal action against that person pursuant to
Section 91000.
The provisions of this section shall be applicable only as to
violations occurring after the effective date of this section.
SEC. 12. Section 91013 of the Government Code
is amended to read:
91013. (a) If a person files an original statement or report
after the applicable deadline imposed by this title, he or she shall,
in addition to any other penalties or remedies established by this
title, be liable in the amount of thirty dollars ($30) per day after
the deadline until the statement or report is filed, to the officer
with whom the statement or report is required to be filed. Liability
need not be enforced by the filing officer if, on an impartial basis,
he or she determines that the late filing was not willful and that
enforcement of the liability will not further the purposes of this
title, except that no liability shall be waived if a statement or
report is not filed within 30 days for a statement of economic
interest, other than a candidate's statement filed pursuant to
Section 87201, five days for a campaign statement required to be
filed 12 days before an election, and 10 days for all other
statements or reports, after the filing officer has sent specific
written notice of the filing requirement.
(b) If a person files a copy of a statement or report after the
applicable deadline imposed by this title, he or she shall, in
addition to any other penalties or remedies established by this
title, be liable in the amount of thirty dollars ($30) per day,
starting 10 days, or five days in the case of a campaign statement
required to be filed 12 days before an election, after the filing
officer has sent specific written notice of the filing requirement
and until the statement or report is filed.
(c) The filing officer shall deposit any funds received under this
section into the general fund of the jurisdiction of which he or she
is an officer. No liability under this section shall exceed 150
percent of the cumulative amount stated in the late statement or
report, or one thousand dollars ($1,000), whichever is greater.
SEC. 13. SEC. 9. 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. 14. SEC. 10. 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.
