California 2015-2016 Regular Session Status: Enacted

AB 2318 — Nonprofit organizations: use of public resources.

Last action — Chaptered by Secretary of State - Chapter 825, Statutes of 2016.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2016. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

(1) Existing law prohibits a nonprofit organization or an officer, employee, or agent of a nonprofit organization from using, or permitting another to use, public resources received from a local agency for any campaign activity not authorized by law. Existing law authorizes the Attorney General, any district attorney, or any city attorney of a city with a population over 750,000 to bring a civil action to recover a civil penalty against any person who intentionally or negligently violates that prohibition. This bill would clarify that the prohibition applies to making contributions or expenditures not authorized by law, and would specify certain expenditures authorized by law that are not subject to the prohibition. (2) Existing law requires a reporting nonprofit organization that engages in campaign activity to deposit into a separate bank account all specific sources of funds it receives and to pay for all campaign activity from that separate bank account. Existing law defines "reporting nonprofit organization" as a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the nonprofit organization's annual gross revenue, as specified. Existing law requires a reporting nonprofit organization that engages in campaign activity of specified amounts or more to periodically disclose to the Franchise Tax Board, and post on its Internet Web site in a certain manner, the identity and amount of each specific source or sources of funds it receives for campaign activity, a description of the campaign activity, and the identity and amount of payments the organization makes from the required separate bank account. Existing law authorizes, and in some instances requires, the Franchise Tax Board to audit a reporting nonprofit organization, requires the board to issue a written audit report, and requires the board to transmit the audit report to the Attorney General and the district attorney for the county in which the reporting nonprofit organization is domiciled. Existing law authorizes the Attorney General or the district attorney for the county in which the reporting nonprofit organization is domiciled to impose a monetary civil penalty of up to $10,000 against a reporting nonprofit organization for misusing public resources received from a local agency, as described in (1) , for failing to maintain the separate bank account, or for not complying with the disclosure requirements described above. This bill would recast and relocate those provisions within the Political Reform Act of 1974, thereby making the Fair Political Practices Commission responsible for their administration and enforcement, except as specified. The bill would change the term "reporting nonprofit organization" to "publicly funded nonprofit organization," defined as a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the nonprofit organization's annual gross revenue, as specified. The bill would require certain publicly funded nonprofit organizations to register as recipient committees and file the campaign statements that those committees are required to file under the act. This bill would shift the Franchise Tax Board's authority and duties under these provisions to the Commission and would authorize the Commission, in addition to the Attorney General or the district attorney, to impose the monetary civil penalty of up to $10,000 against a publicly funded nonprofit organization. The Political Reform Act of 1974 makes a willful violation of its provisions a misdemeanor. 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 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 825, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6541.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5484.).

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11).

  9. In committee: Referred to APPR. suspense file.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 21). Re-referred to Com. on APPR.

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

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 5033.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 20. Noes 0.) (May 27).

  16. Re-referred to Com. on APPR.

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

  18. In committee: Set, first hearing. Referred to APPR. suspense file.

  19. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 12). Re-referred to Com. on APPR.

  20. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 30). Re-referred to Com. on JUD.

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

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

  23. Referred to Coms. on E. & R. and JUD.

  24. From printer. May be heard in committee March 20.

  25. Read first time. To print.

Sponsors

  • Low · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Low

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2318 LOW Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 5000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Kim — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Olsen — Yea
Quirk — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Wagner — Yea
Weber — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Burke — Yea
Chang — Yea
Salas — Yea
Gatto — Yea
Gomez — Yea
Chau — Yea
Gordon — Yea
Harper — Yea
Chiu — Yea
Jones-Sawyer — Yea
Linder — Yea
Mayes — Yea
Atkins — Yea
Chu — Yea
Alejo — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
McCarty — Yea
Melendez — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Bonilla — Yea
Lopez — Yea
Gray — Not Voting
Campos — Yea
Hadley — Yea
Holden — Yea
Medina — Yea
Mullin — Yea
Santiago — Yea
Ting — Yea
Wood — Yea
Frazier — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2318 Low By Hill

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hertzberg — Yea
Hill — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Block — Yea
Hernandez — Yea
Lara — Yea
Liu — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pavley — Yea
Wieckowski — Yea
Wolk — Yea
Hancock — Yea
Hueso — Yea
Huff — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Mendoza — Yea
Nielsen — Yea
Hill — Yea
Beall — Yea
Lara — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Lara — Yea
Mendoza — Yea
Hill — Yea
Beall — Yea
Nielsen — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2318 LOW Assembly Third Reading

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 70000
Democratic 5000
Republican 5000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Levine — Yea
Linder — Yea
Mathis — Yea
Nazarian — Yea
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Gordon — Yea
Holden — Yea
Burke — Yea
Jones-Sawyer — Yea
Kim — Yea
Gray — Yea
Maienschein — Yea
Atkins — Yea
Bonilla — Yea
Medina — Yea
Lopez — Yea
Melendez — Yea
Campos — Yea
Mullin — Yea
Baker — Yea
Bigelow — Yea
Chang — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Quirk — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Harper — Yea
Salas — Yea
Chau — Yea
Chu — Yea
Cooper — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Rodriguez — Yea
Wilk — Yea
Williams — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Wagner — Yea
Wood — Yea
Eggman — Yea
Bonilla — Yea
Holden — Yea
Chang — Yea
Daly — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2318 do?
(1) Existing law prohibits a nonprofit organization or an officer, employee, or agent of a nonprofit organization from using, or permitting another to use, public resources received from a local agency for any campaign activity not authorized by law. Existing law authorizes the Attorney General, any district attorney, or any city attorney of a city with a population over 750,000 to bring a civil action to recover a civil penalty against any person who intentionally or negligently violates that prohibition. This bill would clarify that the prohibition applies to making contributions or expenditures not authorized by law, and would specify certain expenditures authorized by law that are not subject to the prohibition. (2) Existing law requires a reporting nonprofit organization that engages in campaign activity to deposit into a separate bank account all specific sources of funds it receives and to pay for all campaign activity from that separate bank account. Existing law defines "reporting nonprofit organization" as a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the nonprofit organization's annual gross revenue, as specified. Existing law requires a reporting nonprofit organization that engages in campaign activity of specified amounts or more to periodically disclose to the Franchise Tax Board, and post on its Internet Web site in a certain manner, the identity and amount of each specific source or sources of funds it receives for campaign activity, a description of the campaign activity, and the identity and amount of payments the organization makes from the required separate bank account. Existing law authorizes, and in some instances requires, the Franchise Tax Board to audit a reporting nonprofit organization, requires the board to issue a written audit report, and requires the board to transmit the audit report to the Attorney General and the district attorney for the county in which the reporting nonprofit organization is domiciled. Existing law authorizes the Attorney General or the district attorney for the county in which the reporting nonprofit organization is domiciled to impose a monetary civil penalty of up to $10,000 against a reporting nonprofit organization for misusing public resources received from a local agency, as described in (1) , for failing to maintain the separate bank account, or for not complying with the disclosure requirements described above. This bill would recast and relocate those provisions within the Political Reform Act of 1974, thereby making the Fair Political Practices Commission responsible for their administration and enforcement, except as specified. The bill would change the term "reporting nonprofit organization" to "publicly funded nonprofit organization," defined as a nonprofit organization for which public resources from one or more local agencies account for more than 20% of the nonprofit organization's annual gross revenue, as specified. The bill would require certain publicly funded nonprofit organizations to register as recipient committees and file the campaign statements that those committees are required to file under the act. This bill would shift the Franchise Tax Board's authority and duties under these provisions to the Commission and would authorize the Commission, in addition to the Attorney General or the district attorney, to impose the monetary civil penalty of up to $10,000 against a publicly funded nonprofit organization. The Political Reform Act of 1974 makes a willful violation of its provisions a misdemeanor. 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 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Who sponsors AB 2318?
AB 2318 is sponsored by Low.
What is the current status of AB 2318?
This bill has been enacted into law. Introduced February 18, 2016. Enacted.
Where can I track AB 2318?
Track AB 2318 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2318

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 2318

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →