AB 800 — Political Reform Act of 1974

Summary

(1) The Political Reform Act of 1974 prohibits an agent or independent contractor from making an expenditure of $500 or more, other than overhead or normal operating expenses, on behalf of or for the benefit of any candidate or committee unless it is reported by the candidate or committee as if the expenditure were made directly by the candidate or committee. The act requires an agent or independent contractor to make known to the candidate or committee all information subject to this reporting requirement. This bill, in addition, would require a subagent or subcontractor who provides goods or services to or for the benefit of a candidate or committee to make known to the agent or independent contractor all of the information subject to the reporting requirement described above, and would require that disclosure of this information by a subagent or subcontractor to the agent or independent contractor or by the agent or independent contractor to the candidate or committee occur no later than three working days prior to the time the campaign statement reporting the expenditure is required to be filed, except that an expenditure that is required to be reported as a late contribution or late independent expenditure must be reported to the candidate or committee within 24 hours of the time that it is made. (2) The act defines as "surplus campaign funds" campaign funds that are under the control of a former candidate or former elected officer as of the date of leaving elective office or the end of the postelection reporting period following the defeat of the candidate for elective office, whichever occurs last. The act restricts the purposes for which surplus campaign funds may be expended. This bill would increase the time at which campaign funds become surplus campaign funds by 90 days following either the officer leaving elective office or the end of the postelection reporting period following the defeat of a candidate, whichever occurs last. (3) The act requires the Franchise Tax Board to conduct audits and field investigations of various financial statements required to be submitted by lobbying firms, lobbyist employers, candidates, and specified committees. The act prohibits the commencement of an audit or investigation of a candidate, controlled committee, or committee primarily supporting or opposing a candidate or a measure in connection with a report or statement required by specified provisions of the act until after the last date for filing the first report or statement following the general, runoff, or special election for the office for which the candidate ran, or following the election at which the measure was adopted or defeated, except as provided. The act prescribes the scope of campaign statements and reports to be included in audits and investigations of candidates, controlled committees, or committees primarily supporting or opposing a candidate or a measure. This bill would delete these provisions that delay the commencement of an audit or investigation and prescribe the scope of audits and investigations. In addition to the general auditing requirements imposed on the Franchise Tax Board as described above, the act authorizes the Franchise Tax Board and the Fair Political Practices Commission to make investigations and audits with respect to any reports or statements required by specified provisions of the act regarding campaign disclosure, limitations on contributions, and lobbyists. This bill would expand this authority to allow the Franchise Tax Board and the Fair Political Practices Commission to make investigations and audits with respect to any reports or statements required under the act. The act requires the Franchise Tax Board periodically to prepare reports regarding its audit and investigations under the act and send them to the Commission, the Secretary of State, and the Attorney General. The act requires the board to complete its report of any audit conducted on a random basis pursuant to a specified statute within one year after the person or entity subject to the audit is selected by the Commission to be audited. This bill would extend the deadline for the Franchise Tax Board to complete its report of an audit conducted on a random basis from one to two years after the person or entity to be audited is selected by the Fair Political Practices Commission. The act prohibits a member, employee, or agent of the Franchise Tax Board from divulging or making known in any manner any particulars of any record, documents, or information which he or she receives by virtue of conducting audits and investigations, except as provided. This bill, in addition, would make this prohibition applicable to a member, employee, or agent of the Fair Political Practices Commission. This bill would authorize the Fair Political Practices Commission, and the Franchise Tax Board at the direction of the Commission, to audit any record required to be maintained under the act in order to ensure compliance with the act prior to an election, even if the record is a report or statement that has not yet been filed. The bill would authorize the Commission to seek injunctive relief in a superior court to compel disclosure consistent with the act, and would require a court to grant expedited review of an action filed pursuant to this provision, as specified. (4) Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating additional crimes. 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. (5) 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 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. (6) This bill would declare that it is to take effect immediately as an urgency statute. The bill would delay the operative date of its provisions until July 1, 2014.

Bill Text

• Chaptered 04/03/14 - Chaptered Current pdf April 03, 2014
• Enrolled 03/12/14 - Enrolled pdf March 12, 2014
• Amended 01/14/14 - Amended Senate pdf January 14, 2014
• Amended 06/13/13 - Amended Senate pdf June 13, 2013
• Amended 04/30/13 - Amended Assembly pdf April 30, 2013
• Amended 04/15/13 - Amended Assembly pdf April 15, 2013
• Introduced 02/21/13 - Introduced pdf February 21, 2013
• AB800 View text html

Action History

1. April 03, 2014

   Chaptered by Secretary of State - Chapter 9, Statutes of 2014.

2. April 03, 2014

   Approved by the Governor.

3. March 26, 2014

   Enrolled and presented to the Governor at 2:45 p.m.

4. March 10, 2014

   Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 19. Page 4047.).

5. February 20, 2014

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after February 22 pursuant to Assembly Rule 77.

6. February 20, 2014

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 27. Noes 9. Page 2782.).

7. January 15, 2014

   Read second time. Ordered to third reading.

8. January 14, 2014

   Read third time and amended. Ordered to second reading.

9. January 14, 2014

   Action rescinded whereby the bill was read third time, passed, and to Assembly.

10. January 07, 2014

    In Senate. Held at Desk.

11. January 06, 2014

    Ordered to the Senate.

12. January 06, 2014

    Reconsideration granted. (Page 3499.)

13. September 13, 2013

    Motion to reconsider made by Assembly Member Gordon.

14. September 13, 2013

    Assembly refused to concur in Senate amendments. (Ayes 53. Noes 22. Page 3375.)

15. September 12, 2013

    In Assembly. Concurrence in Senate amendments pending.

16. September 12, 2013

    Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 12. Page 2397.).

17. September 11, 2013

    Reconsideration granted. (Ayes 39. Noes 0. Page 2385.)

18. September 11, 2013

    Motion to reconsider made by Senator Lieu.

19. September 11, 2013

    Read third time. Refused passage. (Ayes 26. Noes 12. Page 2385.).

20. August 13, 2013

    Read second time. Ordered to third reading.

21. August 12, 2013

    From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

22. July 03, 2013

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 2). Re-referred to Com. on APPR.

23. June 13, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.

24. June 13, 2013

    Referred to Com. on E. & C.A.

25. June 03, 2013

    In Senate. Read first time. To Com. on RLS. for assignment.

26. May 30, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 22. Page 1839.)

27. May 13, 2013

    Read second time. Ordered to third reading.

28. May 09, 2013

    From committee: Do pass. (Ayes 12. Noes 5.) (May 8).

29. May 01, 2013

    Re-referred to Com. on APPR.

30. April 30, 2013

    Read second time and amended.

31. April 29, 2013

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 23).

32. April 16, 2013

    Re-referred to Com. on E. & R.

33. April 15, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.

34. March 04, 2013

    Referred to Com. on E. & R.

35. February 22, 2013

    From printer. May be heard in committee March 24.

36. February 21, 2013

    Read first time. To print.

Sponsors

• Dickinson · Cosponsor
• Gordon · Primary

Votes

Subjects