Bill Text: CA SB3 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Political Reform Act of 1974.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB3 Detail]

Download: California-2013-SB3-Amended.html

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BILL NUMBER: SB 3	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 14, 2013
	AMENDED IN ASSEMBLY  AUGUST 6, 2013
	AMENDED IN SENATE  MAY 15, 2013
	AMENDED IN SENATE  APRIL 22, 2013
	AMENDED IN SENATE  MARCH 14, 2013

INTRODUCED BY   Senators Yee and Lieu
   (Coauthors: Assembly Members Pan and Ting)

                        DECEMBER 3, 2012

   An act to amend Sections 84100, 84101, 84200.6, 84203, 84203.3,
84204, 84220, 84300, 84602, 84605, and 91013 of, to amend and
renumber Sections 82036 and 82036.5 of, and to add Section 84620 to,
the Government Code, relating to the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 3, as amended, Yee. 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,
as defined, and imposing other reporting and recordkeeping
requirements on campaign committees, as defined. The act requires the
Secretary of State, in consultation with the Fair Political
Practices Commission, to develop online and electronic filing
processes for specified entities. A violation of the act's provisions
is punishable as a misdemeanor.
   This bill would revise the terms "late contribution" and "late
independent expenditure," as defined in the act, to "election-cycle
contribution" and "election-cycle independent expenditure,"
respectively, and would make conforming changes.
   The bill would also increase the fines and penalties imposed for
campaign statements and reports that are filed late.
   This bill would declare the intent of the Legislature that the
Secretary of State develop a single, statewide electronic filing
system that consolidates the filing of all campaign committee
statements and reports and all lobbyist, lobbying firm, and lobbyist
employer reports. This bill would also require the Secretary of State
to develop a feasibility study report for the electronic filing
system by December 31, 2014, as specified.
   (2) The act requires each committee to have a designated treasurer
who is identified in the statement of organization. A committee may
not make an expenditure without the authorization of the treasurer.
   This bill would require a treasurer to complete an online training
course, designed and administered by the Commission, that addresses
the statutes and regulations governing the financing of campaigns and
the duties and responsibilities of a treasurer within 20 business
days after being designated as the treasurer.
   (3) 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.
   (4) 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.  Section 82036 of the Government Code is amended and
renumbered to read:
   82022.5.  "Election-cycle contribution" means any of the
following:
   (a) A contribution, including a loan, that totals in the aggregate
one thousand dollars ($1,000) or more and is made to or received by
a candidate, a controlled committee, or a committee formed or
existing primarily to support or oppose a candidate or measure within
90 days before the date of the election at which the candidate or
measure is to be voted on. For purposes of the Board of
Administration of the Public Employees' Retirement System and the
Teachers' Retirement Board, "the date of the election" is the
deadline to return ballots.
   (b) A contribution, including a loan, that totals in the aggregate
one thousand dollars ($1,000) or more and is made to or received by
a political party committee, as defined in Section 85205, within 90
days before the date of a state election.
  SEC. 2.  Section 82036.5 of the Government Code is amended and
renumbered to read:
   82022.7.  "Election-cycle independent expenditure" means an
independent expenditure that totals in the aggregate one thousand
dollars ($1,000) or more and is made for or against a specific
candidate or measure involved in an election within 90 days before
the date of the election. For purposes of the Board of Administration
of the Public Employees' Retirement System and the Teachers'
Retirement Board, "the date of the election" is the deadline to
return ballots.
  SEC. 3.  Section 84100 of the Government Code is amended to read:
   84100.  (a) Every committee shall have a treasurer. No expenditure
shall be made by or on behalf of a committee without the
authorization of the treasurer or that of his or her designated
agents. No contribution or expenditure shall be accepted or made by
or on behalf of a committee at a time when there is a vacancy in the
office of treasurer.
   (b) (1) Prior to being designated as a treasurer pursuant to
Section 84102 or 84103, or not later than 20 business days after that
designation, a treasurer shall complete an online training course,
designed and administered by the Commission, that addresses the
statutes and regulations governing the financing of campaigns, and
the duties and responsibilities of a treasurer, under this title. The
course shall require each applicant for training to verify, under
penalty of perjury, his or her identity by means of an identifier
determined by the Commission.
   (2) The Commission may charge each applicant for training pursuant
to this subdivision a fee not to exceed fifty dollars ($50).
   (3) A treasurer shall participate in training pursuant to this
subdivision every two years.
   (4) The Commission shall maintain on its Internet Web site a list
of treasurers who have completed training pursuant to this
subdivision.
   (5) Prior to developing the online training course, the Commission
shall coordinate with one or more other state agencies or
departments, including, but not limited to, the Department of
Technology, to identify any existing online training and
certification courses that may be converted and utilized for the
purposes of this section. The Commission shall complete development
of the online training course no later than December 31, 2014.
   (6) Treasurers shall be subject to the online training course
requirements imposed by this subdivision 30 days after the Commission
has certified an online training course, but in no event sooner than
January 1, 2015.
   (c) A treasurer who is required to complete the online training
course shall be fined no more than  one thousand dollars
($1,000)   five hundred dollars ($500)  if he or
she fails to complete that course, as required by subdivision (b).
  SEC. 4.  Section 84101 of the Government Code is amended to read:
   84101.  (a) A committee that is a committee by virtue of
subdivision (a) of Section 82013 shall file a statement of
organization. The committee shall file the original of the statement
of organization with the Secretary of State and shall also file a
copy of the statement of organization 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. The original and copy
of the statement of organization shall be filed within 10 days after
the committee has qualified as a committee. The Secretary of State
shall assign a number to each committee that files a statement of
organization and shall notify the committee of the number. The
Secretary of State shall send a copy of statements filed pursuant to
this section to the county elections official of each county that he
or she deems appropriate. A county elections official who receives a
copy of a statement of organization from the Secretary of State
pursuant to this section shall send a copy of the statement to the
clerk of each city in the county that he or she deems appropriate.
   (b) In addition to filing the statement of organization as
required by subdivision (a), if a committee qualifies as a committee
under subdivision (a) of Section 82013 before the date of an election
in connection with which the committee is required to file
preelection statements, but after the closing date of the last
campaign statement required to be filed before the election pursuant
to Section 84200.7, 84200.8, or 84200.9, the committee shall file, by
facsimile transmission, guaranteed overnight delivery, or personal
delivery within 24 hours of qualifying as a committee, the
information required to be reported in the statement of organization.
The information required by this subdivision shall be filed with the
filing officer with whom the committee is required to file the
originals of its campaign reports pursuant to Section 84215.
   (c) If an independent expenditure committee qualifies as a
committee pursuant to subdivision (a) of Section 82013 during the
time period described in Section 82022.7 and makes independent
expenditures of one thousand dollars ($1,000) or more to support or
oppose a candidate or candidates for office, the committee shall
file, by facsimile transmission, online transmission, guaranteed
overnight delivery, or personal delivery within 24 hours of
qualifying as a committee, the information required to be reported in
the statement of organization. The information required by this
section shall be filed with the filing officer with whom the
committee is required to file the original of its campaign reports
pursuant to Section 84215, and shall be filed at all locations
required for the candidate or candidates supported or opposed by the
independent expenditures. The filings required by this section are in
addition to filings that may be required by Sections 84203.5 and
84204.
   (d) For purposes of this section, in calculating whether one
thousand dollars ($1,000) in contributions has been received,
payments for a filing fee or for a statement of qualifications to
appear in a sample ballot shall not be included if these payments
have been made from the candidate's personal funds.
  SEC. 5.  Section 84200.6 of the Government Code is amended to read:

   84200.6.  In addition to the campaign statements required by
Sections 84200 and 84200.5, all candidates and committees shall file
the following special statements and reports:
   (a) Supplemental preelection statements when required by Section
84202.5.
   (b) Election-cycle contribution reports when required by Section
84203.
   (c) Independent expenditure reports when required by Section
84203.5.
   (d) Election-cycle independent expenditure reports when required
by Section 84204.
  SEC. 6.  Section 84203 of the Government Code is amended to read:
   84203.  (a) Each candidate or committee that makes or receives an
election-cycle contribution, as defined in Section 82022.5, shall
report the election-cycle contribution to each office with which the
candidate or committee is required to file its next campaign
statement pursuant to Section 84215. The candidate or committee that
makes the election-cycle contribution shall report his or her full
name and street address and the full name and street address of the
person to whom the election-cycle contribution has been made, the
office sought if the recipient is a candidate, or the ballot measure
number or letter if the recipient is a committee primarily formed to
support or oppose a ballot measure, and the date and amount of the
election-cycle contribution. The recipient of the election-cycle
contribution shall report his or her full name and street address,
the date and amount of the election-cycle contribution, and whether
the contribution was made in the form of a loan. The recipient shall
also report the full name of the contributor, his or her street
address, occupation, and the name of his or her employer, or if
self-employed, the name of the business.
   (b) An election-cycle contribution shall be reported by facsimile
transmission, guaranteed overnight delivery, or personal delivery
within 24 hours of the time it is made in the case of the candidate
or committee that makes the contribution and within 24 hours of the
time it is received in the case of the recipient. If an
election-cycle contribution is required to be reported to the
Secretary of State, the report to the Secretary of State shall be by
online or electronic transmission only. An election-cycle
contribution shall be reported on subsequent campaign statements
without regard to reports filed pursuant to this section.
   (c) An election-cycle 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 within 24 hours of its receipt.
   (d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this chapter.

   (e) The report required pursuant to this section is not required
to be filed by a candidate or committee that has disclosed the
election-cycle contribution pursuant to subdivision (a) or (b) of
Section 85309.
  SEC. 7.  Section 84203.3 of the Government Code is amended to read:

   84203.3.  (a) Any candidate or committee that makes an
election-cycle contribution that is a nonmonetary contribution shall
notify the recipient in writing of the value of the nonmonetary
contribution. The notice shall be received by the recipient within 24
hours of the time the contribution is made.
   (b) Nothing in this section shall relieve a candidate or committee
that makes an election-cycle nonmonetary contribution or the
recipient of an election-cycle nonmonetary contribution from the
requirement to file election-cycle contribution reports pursuant to
Section 84203. However, a report filed by the recipient of an
election-cycle nonmonetary contribution shall be deemed timely filed
if it is received by the filing officer within 48 hours of the time
the contribution is received.
  SEC. 8.  Section 84204 of the Government Code is amended to read:
   84204.  (a) A committee that makes an election-cycle independent
expenditure, as defined in Section 82022.7, shall report the
election-cycle independent expenditure by facsimile transmission,
guaranteed overnight delivery, or personal delivery within 24 hours
of the time it is made. If an election-cycle independent expenditure
is required to be reported to the Secretary of State, the report to
the Secretary of State shall be by online or electronic transmission
only. An election-cycle independent expenditure shall be reported on
subsequent campaign statements without regard to reports filed
pursuant to this section.
   (b) A committee that makes an election-cycle independent
expenditure shall report its full name and street address, as well as
the name, office, and district of the candidate if the report is
related to a candidate, or if the report is related to a measure, the
number or letter of the measure, the jurisdiction in which the
measure is to be voted upon, and the amount and the date, as well as
a description of goods or services for which the election-cycle
independent expenditure was made. In addition to the information
required by this subdivision, a committee that makes an
election-cycle independent expenditure shall include with its
election-cycle independent expenditure report the information
required by paragraphs (1) to (5), inclusive, of subdivision (f) of
Section 84211, covering the period from the day after the closing
date of the last campaign report filed to the date of the
election-cycle independent expenditure, or if the committee has not
previously filed a campaign statement, covering the period from the
previous January 1 to the date of the election-cycle independent
expenditure. No information required by paragraphs (1) to (5),
inclusive, of subdivision (f) of Section 84211 that is required to be
reported with an election-cycle independent expenditure report by
this subdivision is required to be reported on more than one
election-cycle independent expenditure report.
   (c) A committee that makes an election-cycle independent
expenditure shall file an election-cycle independent expenditure
report in the places where it would be required to file campaign
statements under this article as if it were formed or existing
primarily to support or oppose the candidate or measure for or
against which it is making the election-cycle independent
expenditure.
   (d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this article.

   (e) Expenditures that have been disclosed by candidates and
committees pursuant to Section 85500 are not required to be disclosed
pursuant to this section.
  SEC. 9.  Section 84220 of the Government Code is amended to read:
   84220.  If a slate mailer organization receives a payment of two
thousand five hundred dollars ($2,500) or more for purposes of
supporting or opposing any candidate or ballot measure in a slate
mailer, and the payment is received at a time when, if the payment
were a contribution it would be considered an election-cycle
contribution, then the slate mailer organization shall report the
payment in the manner set forth in Section 84203 for candidates and
committees when reporting election-cycle contributions received. The
slate mailer organization shall, in addition to reporting the
information required by Section 84203, identify the candidates or
measures whose support or opposition is being paid for, in whole or
in part, by each election-cycle payment.
  SEC. 10.  Section 84300 of the Government Code is amended to read:
   84300.  (a) No contribution of one hundred dollars ($100) or more
shall be made or received in cash.
   A cash contribution shall not be deemed received if it is not
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. If a cash contribution, other than an
election-cycle contribution, as defined in Section 82022.5, is
negotiated or deposited, it shall not be deemed received if it is
refunded within 72 hours of receipt. In the case of an election-cycle
contribution, as defined in Section 82022.5, it shall not be deemed
received if it is returned to the contributor within 48 hours of
receipt.
   (b) No expenditure of one hundred dollars ($100) or more shall be
made in cash.
   (c) No contribution of one hundred dollars ($100) or more other
than an in-kind contribution shall be made unless in the form of a
written instrument containing the name of the donor and the name of
the payee and drawn from the account of the donor or the
intermediary, as defined in Section 84302.
   (d) The value of all in-kind contributions of one hundred dollars
($100) or more shall be reported in writing to the recipient upon the
request in writing of the recipient.
  SEC. 11.  Section 84602 of the Government Code is amended to read:
   84602.  To implement the Legislature's intent, the Secretary of
State, in consultation with the Commission, notwithstanding any other
provision of this code, shall do all of the following:
   (a) Develop online and electronic filing processes for use by
persons and entities specified in Section 84605 that are required to
file statements and reports with the Secretary of State's office
pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6
(commencing with Section 86100). Those processes shall each enable a
user to comply with all the disclosure requirements of this title and
shall include, at a minimum, the following:
   (1) A means or method whereby filers subject to this chapter may
submit required filings free of charge. Any means or method developed
pursuant to this provision shall not provide any additional or
enhanced functions or services that exceed the minimum requirements
necessary to fulfill the disclosure provisions of this title. At
least one means or method shall be made available no later than
December 31, 2002.
   (2) The definition of a nonproprietary standardized record format
or formats using industry standards for the transmission of the data
that is required of those persons and entities specified in Section
84605 and that conforms with the disclosure requirements of this
title. The Secretary of State shall hold public hearings prior to
development of the record format or formats as a means to ensure that
affected entities have an opportunity to provide input into the
development process. The format or formats shall be made public no
later than July 1, 1999, to ensure sufficient time to comply with
this chapter.
   (b) Accept test files from software vendors and others wishing to
file reports electronically, for the purpose of determining whether
the file format is in compliance with the standardized record format
developed pursuant to subdivision (a) and is compatible with the
Secretary of State's system for receiving the data. A list of the
software and service providers who have submitted acceptable test
files shall be published by the Secretary of State and made available
to the public. Acceptably formatted files shall be submitted by a
filer in order to meet the requirements of this chapter.
   (c) Develop a system that provides for the online or electronic
transfer of the data specified in this section utilizing
telecommunications technology that ensures the integrity of the data
transmitted and that creates safeguards against efforts to tamper
with or subvert the data.
   (d) Make all the data filed available on the Internet in an easily
understood format that provides the greatest public access. The data
shall be made available free of charge and as soon as possible after
receipt. All election-cycle contribution and election-cycle
independent expenditure reports, as defined by Sections 84203 and
84204, respectively, shall be made available on the Internet within
24 hours of receipt. The data made available on the Internet shall
not contain the street name and building number of the persons or
entity representatives listed on the electronically filed forms or
any bank account number required to be disclosed pursuant to this
title.
   (e) Develop a procedure for filers to comply with the requirement
that they sign under penalty of perjury pursuant to Section 81004.
   (f) Maintain all filed data online for 10 years after the date it
is filed, and then archive the information in a secure format.
   (g) Provide assistance to those seeking public access to the
information.
   (h) Implement sufficient technology to seek to prevent
unauthorized alteration or manipulation of the data.
   (i) Provide the Commission with necessary information to enable it
to assist agencies, public officials, and others with the compliance
with and administration of this title.
   (j) Report to the Legislature on the implementation and
development of the online and electronic filing and disclosure
requirements of this chapter. The report shall include an examination
of system security, private security issues, software availability,
compliance costs to filers, use of the filing system and software
provided by the Secretary of State, and other issues relating to this
chapter, and shall recommend appropriate changes if necessary. In
preparing the report, the Commission may present to the Secretary of
State and the Legislature its comments regarding this chapter as it
relates to the duties of the Commission and suggest appropriate
changes if necessary. There shall be one report due before the system
is operational as set forth in Section 84603, one report due no
later than June 1, 2002, and one report due no later than January 31,
2003.
   (k) Review the current filing and disclosure requirements of this
chapter and report to the Legislature, no later than June 1, 2005,
recommendations on revising these requirements so as to promote
greater reliance on electronic and online submissions.
  SEC. 12.  Section 84605 of the Government Code is amended to read:
   84605.  (a) The following persons shall file online or
electronically with the Secretary of State:
   (1) Any candidate, including superior court, appellate court, and
Supreme Court candidates and officeholders, committee, or other
persons who are required, pursuant to Chapter 4 (commencing with
Section 84100), to file statements, reports, or other documents in
connection with a state elective office or state measure, provided
that the total cumulative reportable amount of contributions
received, expenditures made, loans made, or loans received is
twenty-five thousand dollars ($25,000) or more. In determining the
cumulative reportable amount, all controlled committees, as defined
by Section 82016, shall be included. For a committee subject to this
title prior to January 1, 2000, the beginning date for calculating
cumulative totals is January 1, 2000. For a committee that is first
subject to this title on or after January 1, 2000, the beginning date
for calculating cumulative totals is the date the committee is first
subject to this title. A committee, as defined in subdivision (c) of
Section 82013, shall file online or electronically if it makes
contributions of twenty-five thousand dollars ($25,000) or more in a
calendar year.
   (2) Any general purpose committees, as defined in Section 82027.5,
including the general purpose committees of political parties, and
small contributor committees, as defined in Section 85203, that
cumulatively receive contributions or make expenditures totaling
twenty-five thousand dollars ($25,000) or more to support or oppose
candidates for any elective state office or state measure. For a
committee subject to this title prior to January 1, 2000, the
beginning date for calculating cumulative totals is January 1, 2000.
For a committee that first is subject to this title on or after
January 1, 2000, the beginning date for calculating cumulative totals
is the date the committee is first subject to this title.
   (3) Any slate mailer organization with cumulative reportable
payments received or made for the purposes of producing slate mailers
of twenty-five thousand dollars ($25,000) or more. For a slate
mailer organization subject to this title prior to January 1, 2000,
the beginning date for calculating cumulative totals is January 1,
2000. For a slate mailer organization that first is subject to this
title on or after January 1, 2000, the beginning date for calculating
cumulative totals is the date the organization is first subject to
this title.
   (4) Any lobbyist, lobbying firm, lobbyist employer, or other
persons required, pursuant to Chapter 6 (commencing with Section
86100), to file statements, reports, or other documents, provided
that the total amount of any category of reportable payments,
expenses, contributions, gifts, or other items is two thousand five
hundred dollars ($2,500) or more in a calendar quarter.
   (b) The Secretary of State shall also disclose on the Internet any
election-cycle contribution or election-cycle independent
expenditure report, as defined by Sections 84203 and 84204,
respectively, not covered by paragraph (1), (2), or (3) of
subdivision (a) or any other provision of law.
   (c) Committees and other persons that are not required to file
online or electronically by this section may do so voluntarily.
   (d) Once a person or entity is required to file online or
electronically, subject to subdivision (a) or (c), the person or
entity shall be required to file all subsequent reports online or
electronically.
   (e) It shall be presumed that online or electronic filers file
under penalty of perjury.
   (f) Persons filing online or electronically shall also continue to
file required disclosure statements and reports in paper format. The
paper copy shall continue to be the official filing for audit and
other legal purposes until the Secretary of State, pursuant to
Section 84606, determines the system is operating securely and
effectively.
   (g) The Secretary of State shall maintain at all times a secured,
official version of all original online and electronically filed
statements and reports required by this chapter. Upon determination
by the Secretary of State, pursuant to Section 84606, that the system
is operating securely and effectively, this online or electronic
version shall be the official version for audit and other legal
purposes.
   (h) Except for statements related to a local elective office or a
local ballot measure filed by a candidate for local elective office
who is also a candidate for elective state office, a copy of a
statement, report, or other document filed by online or electronic
means with the Secretary of State shall not be filed with a local
filing officer.
  SEC. 13.  Section 84620 is added to the Government Code, to read:
   84620.  (a) It is the intent of the Legislature that the Secretary
of State develop a statewide electronic filing system that provides
for all of the following:
   (1) Electronic filing of committee organization statements.
   (2) Electronic filing of lobbyist, lobbying firm, and lobbyist
employer registrations.
   (3) Electronic filing of campaign statements by all state
committees, without regard to the amounts of contributions and
expenditures.
   (4) Electronic filing of periodic reports filed by lobbyists,
lobbying firms, and lobbyist employers.
   (5) Electronic filing of reports by all major donors at the state
level when specified thresholds are met.
   (6) A statewide, Internet-accessible system that provides for
search capabilities that are data driven and user-friendly for all
members of the public.
   (7) A system that provides for lobbying and committee data to be
made regularly available to the public in raw, machine-readable data
format.
                              (b) Not later than December 31, 2014,
the Secretary of State shall develop a feasibility study report that
will outline the technology requirements and the costs of the
electronic filing system. The Secretary of State shall consult and
coordinate with other state agencies that he or she deems
appropriate, including, but not limited to, the Commission, with
respect to data transitioning. The report shall include an
examination of the feasibility of establishing a statewide electronic
filing system that permits state-required committee disclosure forms
and reports to be imported into the statewide database, according to
data standards established by the Secretary of State, from each
local jurisdiction that has its own electronic filing system.
  SEC. 14.  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, 5 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 5 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) For purposes of this section, a campaign statement or report
filed on behalf of a committee shall be deemed filed even if the
treasurer does not have a current certification pursuant to Section
84100.
   (d) (1) 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.
   (2) Notwithstanding paragraph (1), if the Secretary of State is
the filing officer, he or she shall deposit  one-third
  two-thirds  of any funds received under this
section into the Political Disclosure, Accountability, Transparency,
and Access Fund, and deposit the remainder of those funds into the
General Fund.
   (3) Liability under this section shall not exceed 150 percent of
the cumulative amount stated in the late statement or report, or one
thousand dollars ($1,000), whichever is greater.
  SEC. 15.  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. 16.  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.