California Assembly Bill AB2191 Introduced / Bill

 BILL NUMBER: AB 2191INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Norby FEBRUARY 23, 2012 An act to amend Sections 81009.5, 82013, 82023, and 85703 of the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGEST AB 2191, as introduced, Norby. Political Reform Act of 1974: county central committees. The Political Reform Act of 1974 requires elected officers, candidates for elective office, and committees to prepare and file various campaign finance reports, as specified. The act defines "committee" to include, among other things, any person or combination of persons who directly or indirectly receive contributions totaling $1,000 or more in a calendar year. The act defines "elective office" to expressly include membership on a county central committee of a qualified political party, thereby making elected members of, and candidates for election to, a county central committee of a qualified political party subject to the reporting requirements of the act. This bill would revise the definition of "elective office" to exclude membership on a county central committee of a qualified political party and would revise the definition of "committee" to exclude an entity that is primarily formed to support or oppose a person seeking election to a county central committee of a qualified political party. The act imposes limitations on contributions by persons to candidates for elective state office and permits local jurisdictions to impose additional contribution limitations, as specified. The act also authorizes a local agency to impose additional filing requirements on a person, except as specified. This bill would prohibit a local government agency from imposing filing requirements on elected members of, or candidates for election to, a county central committee of a qualified political party. The bill would also prohibit a local agency from imposing any contribution limitations or prohibitions on elected members of, or candidates for election to, a county central committee of a qualified political party, or on a committee primarily formed to support or oppose a person seeking election to a county central committee of a qualified political party. The Political Reform Act of 1974, an initiative measure, provides that the act may be amended by a statute that becomes effective upon approval of the voters. This bill would require the Secretary of State to submit the provisions of the bill that would amend the Political Reform Act of 1974 to the voters for approval at a statewide election, as specified. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 81009.5 of the Government Code is amended to read: 81009.5. (a)  Any   A  local government agency  which   that  has enacted, enacts, amends, or repeals an ordinance or other provision of law affecting campaign contributions and expenditures shall file a copy of the action with the  commission   Commission  . (b) Notwithstanding Section 81013,  no   a  local government agency shall  not  enact any ordinance imposing filing requirements additional to or different from those set forth in Chapter 4 (commencing with Section 84100) for elections held in its jurisdiction unless the additional or different filing requirements apply only to the candidates seeking election in that jurisdiction, their controlled committees or committees formed or existing primarily to support or oppose their candidacies, and to committees formed or existing primarily to support or oppose a candidate or to support or oppose the qualification of, or passage of, a local ballot measure which is being voted on only in that jurisdiction, and to city or county general purpose committees active only in that city or county, respectively.  However, a local government agency shall not impose any filing requirements on elected members of, or candidates for election to, a county central committee of a qualified political party or on committees primarily formed to support or oppose a person seeking election to a county central committee of a qualified political party.  SEC. 2. Section 82013 of the Government Code is amended to read: 82013. "Committee" means any person or combination of persons who directly or indirectly does any of the following: (a) Receives contributions totaling one thousand dollars ($1,000) or more in a calendar year. (b) Makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year  ; or   .  (c) Makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees. A person or combination of persons that becomes a committee shall retain its status as a committee until  such time as  that status is terminated pursuant to Section 84214.  "Committee" does not include an entity primarily formed to support or oppose a person seeking election to a county central committee of a qualified political party.  SEC. 3. Section 82023 of the Government Code is amended to read: 82023. "Elective office" means any state, regional, county, municipal, district  ,  or judicial office that is filled at an election. "Elective office" also includes  membership on a county central committee of a qualified political party, and  membership through election on the Board of Administration of the Public Employees' Retirement System or the Teachers' Retirement Board.  "Elective office" does not include membership on a county central committee of a qualified political party.  SEC. 4. Section 85703 of the Government Code is amended to read: 85703. (a) Nothing in this act shall nullify contribution limitations or prohibitions of any local jurisdiction that apply to elections for local elective office, except that these limitations and prohibitions may not conflict with  the provisions of  Section 85312.  However, a local jurisdiction shall not impose any contribution limitations or prohibitions on elected members of, or candidates for election to, a county central committee of a qualified political party, or on a committee primarily formed to support or oppose a person seeking election to a county central committee of a qualified political party.  (b) Limitations and prohibitions imposed by a local jurisdiction on payments for a member communication, as defined in subdivision (c), that conflict with Section 85312 and which are thereby prohibited by subdivision (a) include, but are not limited to, any of the following: (1) Source restrictions on payments for member communications that are not expressly made applicable to member communications by a state statute or by a regulation adopted by the  commission   Commission  pursuant to Section 83112. (2) Limitations on payments to a political party committee for a member communication that are not expressly made applicable to member communications by a state statute or by a regulation adopted by the  commission   Commission  pursuant to Section 83112. (3) Limitations on the scope of payments considered directly related to the making of a member communication, including costs associated with the formulation, design, production, and distribution of the communication such as surveys, list acquisition, and consulting fees that are not expressly made applicable to member communications by a state statute or by a regulation adopted by the  commission   Commission  pursuant to Section 83112. (c) For purposes of this section, "member communication" means a communication, within the meaning of Section 85312, to members, employees, shareholders, or families of members, employees, or shareholders of an organization, including a communication by a political party to its members who are registered with that party. SEC. 5. The Secretary of State shall, pursuant to subdivision (b) of Section 81012 of the Government Code, submit Sections 1 to 4, inclusive, of this act to the voters for approval at a statewide election in accordance with Section 9040 of the Elections Code.