Bill Sponsor
California Assembly Bill 975
Session 20212022
Political Reform Act of 1974: filing requirements and gifts.
Active
Active
Failed in Senate on Aug 17, 2022
First Action
Feb 18, 2021
Latest Action
Aug 22, 2022
Origin Chamber
Assembly
Type
Bill
Bill Number
975
State
California
Session
20212022
Sponsorship by Party
Democrat
Author
Assembly Votes (3)
Senate Votes (3)
Summary
(1) The Political Reform Act of 1974 generally requires elected officials, candidates for elective offices, and committees formed primarily to support or oppose a candidate for public office or a ballot measure, along with other persons and entities, to file periodic campaign statements and certain reports concerning campaign finances and related matters. Existing law permits a report or statement that has been on file for at least two years to be retained by a filing officer as a copy on microfilm or other space-saving materials and, after the Secretary of State certifies an online filing and disclosure system, as an electronic copy. This bill would permit a filing officer to retain a report or statement filed in a paper format as a copy on microfilm or other space-saving materials or as an electronic copy, as specified, without a two-year waiting period. The bill would also permit a filing officer to retain a report or statement as an electronic copy before the Secretary of State certifies an online filing and disclosure system. (2) The Political Reform Act of 1974 regulates conflicts of interests of public officials and requires that public officials file, with specified filing officers, periodic statements of economic interests disclosing certain information regarding income, investments, and other financial data. The Fair Political Practices Commission is the filing officer for statewide elected officers and candidates and other specified public officials. If the Commission is the filing officer, the public official generally files with their agency or another person or entity, who then makes a copy and files the original with the Commission. This bill would revise and recast these filing requirements to make various changes, including requiring public officials and candidates for whom the Commission is the filing officer to file their original statements of economic interests electronically with the Commission. The bill would also make conforming changes to other provisions of law. The bill would prohibit the Commission from making available on the internet statements of economic interests filed by certain nonelected officials and would require the Commission to redact personal addresses and telephone numbers of all filers. (3) The Political Reform Act of 1974 regulates the making of gifts to public officials. However, the act exempts from the definition of "gift," among other things, a gift to an official that, within 30 days of receipt, is returned to the donor or delivered to a charitable organization without being claimed as a deduction for tax purposes. This bill would allow a gift to be returned, reimbursed, or donated within 30 days following the end of the calendar quarter in which it was received, and would make other changes prescribing conditions for the donation, return, or reimbursement. (4) Under the Political Reform Act of 1974, lobbyists, lobbying firms, and lobbyist employers are required to provide each beneficiary of a gift with the date and amount of each gift reportable by the beneficiary and a description of the goods or services provided to the beneficiary within 30 days following the end of each calendar quarter in which the gift was provided. This bill would reduce that time limit to 15 days following the end of each calendar quarter in which the gift was provided. (5) Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. 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. (6) 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 of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Sources
Record Created
Feb 19, 2021 12:03:47 PM
Record Updated
Nov 22, 2022 12:25:24 PM