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California Assembly Bill AB3078

California 2019-2020 Regular Session

California Assembly Bill AB3078 Compare Versions

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11 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3078Introduced by Assembly Member Cristina GarciaFebruary 21, 2020 An act to amend Section 84224 of the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGESTAB 3078, as introduced, Cristina Garcia. Political Reform Act of 1974: behested payments.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 elected officials and campaign committees. The act defines a behested payment as a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances, including a payment that is made principally for personal, legislative, or governmental purposes and that is unrelated to an officers seeking or holding elective office. The act requires elected officials and members of the Public Utilities Commission to report to the Fair Political Practices Commission behested payments from a single source that, in the aggregate, equal or exceed $5,000 in a calendar year. The act requires that report to be made within 30 days of the date that the payments equal or exceed that amount.This bill would provide that an elected officer or member of the Public Utilities Commission is not required to report payments made in response to an invitation to an event hosted by a nonprofit organization unless the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. The bill would specify that an elected officer or member of the Public Utilities Commission is not considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 84224 of the Government Code is amended to read:84224. (a) A behested payment described in subdivision (b) shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the behesting officer or member of the Public Utilities Commission with the officers or members agency and is a public record subject to inspection and copying pursuant to Section 81008. The report shall contain all of the following information: name of payor; address of payor; amount of the payment or payments; date or dates the payment or payments were made; the name and address of the payee; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies, including the Public Utilities Commission, shall forward a copy of these reports to the Fair Political Practices Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements.(b) The Except as provided in subdivision (c), the reporting requirement imposed by this section applies to a behested payment that satisfies each of the following:(1) The payment is made at the behest of an elected officer or member of the Public Utilities Commission.(2) The behesting elected officer or member of the Public Utilities Commission does not provide full and adequate consideration in exchange for the payment.(3) The payment is made principally for a legislative, governmental, or charitable purpose.(4) If made principally for a legislative or governmental purpose, the payment is made by a person other than a state, local, or federal governmental agency.(c) This section does not require an elected officer or member of the Public Utilities Commission to report payments made in response to an invitation to an event hosted by a nonprofit organization that is exempt from taxation under Section 501 of the Internal Revenue Code, including an invitation that solicits funds for the organization, unless, in addition to meeting the requirements in subdivision (b), the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. For purposes of this subdivision, an elected officer or member of the Public Utilities Commission shall not be considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.SEC. 2. 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.
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33 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3078Introduced by Assembly Member Cristina GarciaFebruary 21, 2020 An act to amend Section 84224 of the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGESTAB 3078, as introduced, Cristina Garcia. Political Reform Act of 1974: behested payments.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 elected officials and campaign committees. The act defines a behested payment as a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances, including a payment that is made principally for personal, legislative, or governmental purposes and that is unrelated to an officers seeking or holding elective office. The act requires elected officials and members of the Public Utilities Commission to report to the Fair Political Practices Commission behested payments from a single source that, in the aggregate, equal or exceed $5,000 in a calendar year. The act requires that report to be made within 30 days of the date that the payments equal or exceed that amount.This bill would provide that an elected officer or member of the Public Utilities Commission is not required to report payments made in response to an invitation to an event hosted by a nonprofit organization unless the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. The bill would specify that an elected officer or member of the Public Utilities Commission is not considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO
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99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
1010
1111 Assembly Bill
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1313 No. 3078
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1515 Introduced by Assembly Member Cristina GarciaFebruary 21, 2020
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1717 Introduced by Assembly Member Cristina Garcia
1818 February 21, 2020
1919
2020 An act to amend Section 84224 of the Government Code, relating to the Political Reform Act of 1974.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 3078, as introduced, Cristina Garcia. Political Reform Act of 1974: behested payments.
2727
2828 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 elected officials and campaign committees. The act defines a behested payment as a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances, including a payment that is made principally for personal, legislative, or governmental purposes and that is unrelated to an officers seeking or holding elective office. The act requires elected officials and members of the Public Utilities Commission to report to the Fair Political Practices Commission behested payments from a single source that, in the aggregate, equal or exceed $5,000 in a calendar year. The act requires that report to be made within 30 days of the date that the payments equal or exceed that amount.This bill would provide that an elected officer or member of the Public Utilities Commission is not required to report payments made in response to an invitation to an event hosted by a nonprofit organization unless the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. The bill would specify that an elected officer or member of the Public Utilities Commission is not considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.
2929
3030 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 elected officials and campaign committees. The act defines a behested payment as a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances, including a payment that is made principally for personal, legislative, or governmental purposes and that is unrelated to an officers seeking or holding elective office. The act requires elected officials and members of the Public Utilities Commission to report to the Fair Political Practices Commission behested payments from a single source that, in the aggregate, equal or exceed $5,000 in a calendar year. The act requires that report to be made within 30 days of the date that the payments equal or exceed that amount.
3131
3232 This bill would provide that an elected officer or member of the Public Utilities Commission is not required to report payments made in response to an invitation to an event hosted by a nonprofit organization unless the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. The bill would specify that an elected officer or member of the Public Utilities Commission is not considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.
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3434 The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
3535
3636 This bill would declare that it furthers the purposes of the act.
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3838 ## Digest Key
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4040 ## Bill Text
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4242 The people of the State of California do enact as follows:SECTION 1. Section 84224 of the Government Code is amended to read:84224. (a) A behested payment described in subdivision (b) shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the behesting officer or member of the Public Utilities Commission with the officers or members agency and is a public record subject to inspection and copying pursuant to Section 81008. The report shall contain all of the following information: name of payor; address of payor; amount of the payment or payments; date or dates the payment or payments were made; the name and address of the payee; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies, including the Public Utilities Commission, shall forward a copy of these reports to the Fair Political Practices Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements.(b) The Except as provided in subdivision (c), the reporting requirement imposed by this section applies to a behested payment that satisfies each of the following:(1) The payment is made at the behest of an elected officer or member of the Public Utilities Commission.(2) The behesting elected officer or member of the Public Utilities Commission does not provide full and adequate consideration in exchange for the payment.(3) The payment is made principally for a legislative, governmental, or charitable purpose.(4) If made principally for a legislative or governmental purpose, the payment is made by a person other than a state, local, or federal governmental agency.(c) This section does not require an elected officer or member of the Public Utilities Commission to report payments made in response to an invitation to an event hosted by a nonprofit organization that is exempt from taxation under Section 501 of the Internal Revenue Code, including an invitation that solicits funds for the organization, unless, in addition to meeting the requirements in subdivision (b), the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. For purposes of this subdivision, an elected officer or member of the Public Utilities Commission shall not be considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.SEC. 2. 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.
4343
4444 The people of the State of California do enact as follows:
4545
4646 ## The people of the State of California do enact as follows:
4747
4848 SECTION 1. Section 84224 of the Government Code is amended to read:84224. (a) A behested payment described in subdivision (b) shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the behesting officer or member of the Public Utilities Commission with the officers or members agency and is a public record subject to inspection and copying pursuant to Section 81008. The report shall contain all of the following information: name of payor; address of payor; amount of the payment or payments; date or dates the payment or payments were made; the name and address of the payee; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies, including the Public Utilities Commission, shall forward a copy of these reports to the Fair Political Practices Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements.(b) The Except as provided in subdivision (c), the reporting requirement imposed by this section applies to a behested payment that satisfies each of the following:(1) The payment is made at the behest of an elected officer or member of the Public Utilities Commission.(2) The behesting elected officer or member of the Public Utilities Commission does not provide full and adequate consideration in exchange for the payment.(3) The payment is made principally for a legislative, governmental, or charitable purpose.(4) If made principally for a legislative or governmental purpose, the payment is made by a person other than a state, local, or federal governmental agency.(c) This section does not require an elected officer or member of the Public Utilities Commission to report payments made in response to an invitation to an event hosted by a nonprofit organization that is exempt from taxation under Section 501 of the Internal Revenue Code, including an invitation that solicits funds for the organization, unless, in addition to meeting the requirements in subdivision (b), the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. For purposes of this subdivision, an elected officer or member of the Public Utilities Commission shall not be considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.
4949
5050 SECTION 1. Section 84224 of the Government Code is amended to read:
5151
5252 ### SECTION 1.
5353
5454 84224. (a) A behested payment described in subdivision (b) shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the behesting officer or member of the Public Utilities Commission with the officers or members agency and is a public record subject to inspection and copying pursuant to Section 81008. The report shall contain all of the following information: name of payor; address of payor; amount of the payment or payments; date or dates the payment or payments were made; the name and address of the payee; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies, including the Public Utilities Commission, shall forward a copy of these reports to the Fair Political Practices Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements.(b) The Except as provided in subdivision (c), the reporting requirement imposed by this section applies to a behested payment that satisfies each of the following:(1) The payment is made at the behest of an elected officer or member of the Public Utilities Commission.(2) The behesting elected officer or member of the Public Utilities Commission does not provide full and adequate consideration in exchange for the payment.(3) The payment is made principally for a legislative, governmental, or charitable purpose.(4) If made principally for a legislative or governmental purpose, the payment is made by a person other than a state, local, or federal governmental agency.(c) This section does not require an elected officer or member of the Public Utilities Commission to report payments made in response to an invitation to an event hosted by a nonprofit organization that is exempt from taxation under Section 501 of the Internal Revenue Code, including an invitation that solicits funds for the organization, unless, in addition to meeting the requirements in subdivision (b), the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. For purposes of this subdivision, an elected officer or member of the Public Utilities Commission shall not be considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.
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5656 84224. (a) A behested payment described in subdivision (b) shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the behesting officer or member of the Public Utilities Commission with the officers or members agency and is a public record subject to inspection and copying pursuant to Section 81008. The report shall contain all of the following information: name of payor; address of payor; amount of the payment or payments; date or dates the payment or payments were made; the name and address of the payee; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies, including the Public Utilities Commission, shall forward a copy of these reports to the Fair Political Practices Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements.(b) The Except as provided in subdivision (c), the reporting requirement imposed by this section applies to a behested payment that satisfies each of the following:(1) The payment is made at the behest of an elected officer or member of the Public Utilities Commission.(2) The behesting elected officer or member of the Public Utilities Commission does not provide full and adequate consideration in exchange for the payment.(3) The payment is made principally for a legislative, governmental, or charitable purpose.(4) If made principally for a legislative or governmental purpose, the payment is made by a person other than a state, local, or federal governmental agency.(c) This section does not require an elected officer or member of the Public Utilities Commission to report payments made in response to an invitation to an event hosted by a nonprofit organization that is exempt from taxation under Section 501 of the Internal Revenue Code, including an invitation that solicits funds for the organization, unless, in addition to meeting the requirements in subdivision (b), the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. For purposes of this subdivision, an elected officer or member of the Public Utilities Commission shall not be considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.
5757
5858 84224. (a) A behested payment described in subdivision (b) shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the behesting officer or member of the Public Utilities Commission with the officers or members agency and is a public record subject to inspection and copying pursuant to Section 81008. The report shall contain all of the following information: name of payor; address of payor; amount of the payment or payments; date or dates the payment or payments were made; the name and address of the payee; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies, including the Public Utilities Commission, shall forward a copy of these reports to the Fair Political Practices Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements.(b) The Except as provided in subdivision (c), the reporting requirement imposed by this section applies to a behested payment that satisfies each of the following:(1) The payment is made at the behest of an elected officer or member of the Public Utilities Commission.(2) The behesting elected officer or member of the Public Utilities Commission does not provide full and adequate consideration in exchange for the payment.(3) The payment is made principally for a legislative, governmental, or charitable purpose.(4) If made principally for a legislative or governmental purpose, the payment is made by a person other than a state, local, or federal governmental agency.(c) This section does not require an elected officer or member of the Public Utilities Commission to report payments made in response to an invitation to an event hosted by a nonprofit organization that is exempt from taxation under Section 501 of the Internal Revenue Code, including an invitation that solicits funds for the organization, unless, in addition to meeting the requirements in subdivision (b), the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. For purposes of this subdivision, an elected officer or member of the Public Utilities Commission shall not be considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.
5959
6060
6161
6262 84224. (a) A behested payment described in subdivision (b) shall be reported within 30 days following the date on which the payment or payments equal or exceed five thousand dollars ($5,000) in the aggregate from the same source in the same calendar year in which they are made. The report shall be filed by the behesting officer or member of the Public Utilities Commission with the officers or members agency and is a public record subject to inspection and copying pursuant to Section 81008. The report shall contain all of the following information: name of payor; address of payor; amount of the payment or payments; date or dates the payment or payments were made; the name and address of the payee; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the payment or payments were made. Once the five-thousand-dollar ($5,000) aggregate threshold from a single source has been reached for a calendar year, all payments for the calendar year made by that source shall be disclosed within 30 days after the date the threshold was reached or the payment was made, whichever occurs later. Within 30 days after receipt of the report, state agencies, including the Public Utilities Commission, shall forward a copy of these reports to the Fair Political Practices Commission, and local agencies shall forward a copy of these reports to the officer with whom elected officers of that agency file their campaign statements.
6363
6464 (b) The Except as provided in subdivision (c), the reporting requirement imposed by this section applies to a behested payment that satisfies each of the following:
6565
6666 (1) The payment is made at the behest of an elected officer or member of the Public Utilities Commission.
6767
6868 (2) The behesting elected officer or member of the Public Utilities Commission does not provide full and adequate consideration in exchange for the payment.
6969
7070 (3) The payment is made principally for a legislative, governmental, or charitable purpose.
7171
7272 (4) If made principally for a legislative or governmental purpose, the payment is made by a person other than a state, local, or federal governmental agency.
7373
7474 (c) This section does not require an elected officer or member of the Public Utilities Commission to report payments made in response to an invitation to an event hosted by a nonprofit organization that is exempt from taxation under Section 501 of the Internal Revenue Code, including an invitation that solicits funds for the organization, unless, in addition to meeting the requirements in subdivision (b), the elected officer or member of the Public Utilities Commission, or an agent thereof, makes a direct written or verbal request for a payment for a legislative, governmental, or charitable purpose. For purposes of this subdivision, an elected officer or member of the Public Utilities Commission shall not be considered to have made a direct written request solely because the name, signature, photograph, or similar identifying information of the elected officer or member of the Public Utilities Commission is included in the invitation to the event.
7575
7676 SEC. 2. 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.
7777
7878 SEC. 2. 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.
7979
8080 SEC. 2. 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.
8181
8282 ### SEC. 2.