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HomeMy WebLinkAbout8.3 ContribOrdProp208 r" '. ..... . . :.:. CITY CLERK FILE # D~[3~-~DJ CI1Y OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE FEBRUARY 18, 1997 SUBJECT: Campaign Contribution Ordinance and Proposition 20 8 (Report prepared by Elizabeth H SillJer, Ci~y AttonufY) EXIDBITS ATTACHED: Dublin Municipal Code, Chapter 2.28 Ordinance No. 11.96, An1ending Chapter 2.28 California Political Reform Act of 1996 (Proposition 208) 1. 2. 3. RECOMMENDATION: ~ 1. 0N 2. Receive staff presentation Provide direction to staff FINANCIAL STATEMENT: None DESCRIPTION: Existing Campaign Contribution Limitations Chapter 2.28 of the Dublin Municipal Code, as amended by Ordinance No. 11-96 (which has not yet been incorporated into Chapter 2.28), provides limits on the amounts which may be contributed to political campaigns in municipal elections. No person may malc.e and no candidate or committee may accept more than $300 from anyone person with respect to a single election. In addition, candidates are required to include certain. information (i.e., name, address, occupation) regarding any contribution in excess of $25. Consistent with the U.S. Supreme Court's decision in Buckley v. Valeo, the Municipal Code does not limit campaign e1..'Pendi tures. Proposition 208 Proposition 208 was a statewide initiative on the November 1996 ballot which made a number of changes to the Political Reform Act. Proposition 208 imposes contribution limits on all elections held in the State, with the exception of federal 1 ITEM NO. 8., elections. The limitations for local candidates depend on the size of the jurisdiction. For jurisdictions of fewer than 100,000 residents, the limit is $100. The limit applies -. per election, not per election cycle. Proposition 208 addresses campaign e1..'Penditures as ,veIl as campaign contributions for statewide offices. Taking advantage of the U.S. Supreme Court's holding in Bucklry v. Valeo that campaign spending limits must be voluntary and non. coercive, Proposition 208 creates a voluntary e1..'Penditure limit scheme 'I<;rhereby candidates for statewide offices will be rewarded if they choose to accept spending limi ts. Proposition 208 does not establish spending limits for local candidates. Instead, it provides that any local jurisdiction may establish voluntary spending limits if such limits do not exceed $1 per resident. (Gov. Code section 85400(c).) The council may set a higher spending limit if it chooses, but only with a vote of the people. (Gov. Code section 85706(b).) If the city adopts the spending limit, the contribution limits increase from $100 to $250 per election. (Gov.Code section 85402(a).) The Proposition does not preempt local campaign finance ordinances that are "as or more stringent" than set forth in the initiative. (Gov.Code section 85706(a).) The council may impose lower contribution limits than those in the initiative, but only a vote of the people may inlpose higher contribution or eJ...'Penditure limits than those provided. (Section 85706(b ).) '. No candidate for local office in a city of fewer than 100,000 residents may accept contributions more than six (6) months before an election. (Section 85305(a).) No candidate may accept contributions more than 90 days after the election and contributions accepted between the election and the end of the 90-day period may only be used to pay outstanding debts. (Section 85305(c).) Finally, if a candidate has debt from an election held prior to January 1, 1997, the candidate may raise money during the "off-year ban" period but the contributions raised are subject to the limits that would have been in place had Proposition 208 been in effect. To summarize, --the contribution limit is $100 per person '. 2 r ... -. -'-:. . v-the Council may impose a lower contribution limit and the people, by vote, may impose a higher contribution limit --contributions can only be accepted six months prior to an election and 90 days after an election (if the candidate has outstanding debt) --the Council may establish voluntary spending limits of no more than $1 per resident --the people may impose a higher spending limit by vote --if the Council establishes voluntary spending limits and if the candidate agrees to the spending limit, the contribution limit increases to $250 and the candidate receives a designation on the ballot stating that he/she has agreed to the spending limit Status of Proposition 208 Several lawsuits have been filed challenging the constitutionality of Proposition 208. At this time no injunction has been granting restraining the enforcement of the initiative although the plaintiffs have scheduled a hearing for early April to ask for an injunction. Impact of Proposition 208 on Municipal Code Chapter 2.28 Chapter 2.28 conflicts with Proposition 208 in two ways: 1. The limit on contributions in the Municipal Code is $300 whereas Proposition 208 provides a $100 limit on contributions. 2. The Municipal Cock allows contributions to be made and accepted at any time prior to an election whereas Proposition 208 provides for a ban on contributions more than six months in advance of an election and only within 90 days following an election to pay debt. The provisions of Section 2.28.040 of the Dublin Municipal Code, ,vhich require reporting contributions in excess of $25 (rather than the Act's requirement that contributions over $100 be reported)are not affected by Proposition 208. To conclude, the only provision of Chapter 2.28 that does not conflict with 3 Proposition 208 is Section 2.28.040 "Disclosure of Amounts in Excess of $25." Recommendation Staff recommends that the Council provide direction to the staff to (I) prepare an ordinance to repeal the provisions of Chapter 2.28 ,vhich conflict ,vith Proposition 208; or (2) notify all candidates and potential candidates that the City will not enforce its ordinance pending resolution of the lawsuits challenging Proposition 208; or (3) provide other direction as appropriate. ]:\WPD'M NRSW\ I 14\AG ENDA\PROP2 OS , 13 I EHS:rja/dlp 4 . . . lk p: r . Chapter 2.28 CAMPAIGN CONTRIBUTIONS Sections: 2.28.010 2.28.020 2.28.030 Findings and purpose. Definitions. Limitations on contributions. Filing of verified declaration. Violation-Penalt)' . 2.28.040 2.28.050 . 2.28.010 Findings and purpose. Pursuant to the authority granted to the City Council in Government Code Section 81013 permitting the imposition of addition- allocal requirements to the Political Reform Act of 1974, the City Council fmds that it is in the public interest to place realistic and enforceable limits on the amounts which may be contributed to political campaigns in municipal elections. (Ord. 21-87 ~ 1) . 2.28.020 Definitions. For the purpose of this chapter, defmi- tions codified in the Political Reform Act, beginning at Government Code Section 82000, et seq., shall apply with the addition of the following: "Election" means any municipal election, whether general or special, at which the offices of Councilmember andlor Mayor are to be filled. "With respect to a single election" means: 1. In the case of a contribution designat- ed in writing by the contributor for a partic- ular election, the election so designated, provided that a contribution designated in writing for a particular election may be made after the election and prior to June I 2.28.010 30th following the election only to the extent such contribution does not exceed net debts outstanding from that election; 2. In the case of a contribution not designated in writing by the contributor for a particular election, the next election for the office after the contribution is made. (Ord. 10-93 ~ 1: Ord. 21-87 g 2) 2.28.030 Limitations on contributions. A. No person shall make any contribu- tion or contributions to a candidate or com- mittee which exceed the cumulative amount of one thousand dollars ($1,000), nor shall any such contribution or contributions which exceed the cumulative amount of one thousand dollars ($1,000), be accepted by any candidate or conunittee from any per- son with respect to a single election. B. The prohibitions stated in subsection A of this section shall not apply to contribu- tions made or received in support of, or in opposition to, a ballot measure, nor shall said prohibition apply to contributions made by a candidate to his or her campaign. (Ord. 10-93 ~ 2: Ord. 21-87 g 3) 2.28.040 Filing of verified declaration. A. To ensure full compliance with this chapter, each candidate shall execute a dec- laration under penalty of peIjury on a form provided by city stating that such candidate did not receive any contribution or contribu- tions totaling more than one thousand dol- lars ($1,000), from any person with respect to an election. B. The declaration required by subsec- tion A of this section shall be filed with the City Clerk with each preelection statement fIled pursuant to state law and with the 31 (Dublin 5-95) 1 semi-annual statements required to be filed pursuant to state law. (Ord. 10-93 S 3: Ord. 21-87 ~ 4) 2.28.050 Violation-Penalty. A. Violation of any provision of this chapter is a misdemeanor punishable by a fme not to exceed five hundred dollars ($500) or imprisonment for a term not exceeding six (6) months, or by both such fme and imprisonment B. Whetherornot a violation is inadver- tent, negligent, or deliberate in the presence or absence of good faith, shall be consid- ered in applying the penalties of this chap- ter. (Ord. 21-87 S 5) ). 2.28.040 32-1 (Dublin $-94) . .. .,. .,' ORDINANCE NO. 11 - 96 . AN ORDINANCE OF THE CITY OF DUBLIN .;,.;,.;,.;,.;,.;,.;,.;,.;,*-*-*-*-*-.;, AMENDING CHAPTER 2.28 OF THE DUBLIN MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITATIONS FOR ELECTIONS TO TAKE EFFECT IMMEDIA TEL Y THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2.28.030 Amended - Contribution Limit Revised- Subsection A of Section 2.28.030 of the Dublin Municipal Code is amended to read as follows: . SECTION 2. "A. No person shall make any contribution or contributions to a candidate or committee which exceed the cumulative amount ofthree hundred dollars ($300), nor shall any such contribution or contributions which exceed the cumulative amount of three hundred dollars ($300) be accepted by any candidate or committee from any person with respect to a single election. " Section 2.28.040 lunended - Declaration re Compliance Subsection A of Section 2.28.040 of the Dublin Municipal Code is amended to read as follO\\ls: "A. To ensure full compliance with this chapter, each candidate shall execute a declaration under penalty of perjury on a form provided by the City Clerk stating that such candidate did not receive any contribution or contributions totaling more than three hundred dollars ($300) from any person with respect to an election." SECTION 3. Disclosure of Amounts in Excess of $25 Section 2.28.040 is added to the Dublin Municipal Code to read as follows: "When filing the Campaign Statement required by Article 2 of Chapter 4 of Title 9 of the Government Code, commencing with Section 84200, each candidate for the office of Mayor and Councilmember shall include in such Campaign Statement the same information required by subdivision (f) of Govemment Code section 84211 for contributions (including loans) in excess of $25 received from any person." SECTION 4. Renumbering . . Section 2.28.040 of the Dublin Municipal Code, entitled "Filing of Verified Declaration is renumbered as "Section 2.28.050," and Section 2.28.050, entitled "Violation Penalty" is renumbered as "Section 2.28.060. "" J; SECTION 5. Severability If any part of this ordinance or the application thereof to any person is held invalid, the remainder '.' of the ordinance and the application of such provision to other persons shall not be affected thereby. SECTION 6. Immediate Effect This ordinance imposes restrictions on monetary contributions to candidates for office at municipal elections and thus relates to an election. Pursuant to Government Code section 36937(a), this ordinance shall take effect immediately. SECTION 7. Posting The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 11 th day of June, 1996, by vote as follows: AYES: Councilmembers Bames, Howard and Moffatt NOES: Councilmember Burton and Mayor Houston ABSENT: None )i)fJ);~ MAYOR ABSTAIN: None K=/6-11-96/ordS300.doc 'I .'- .-.~.. " , ' ... . .- , ~ . . . . " . -' California Political Reform Act of 1 996 IIProp. 20BII e...... Fair ~..- ..._ political :~ .' practices , .,...- Commission Rav. Mehta. Chalr"rnan :) 428 J Street . Suite BOO . Sacramento CA 95614 . (916)322-5660 . lax 322.371 1 _ Text extracted from me california Ballot PampnleL November 5. , 996 - "1496 CALIFORNIA POLITICAL REFORM ACT OF 1996 Sections 85100 and 85101 of the Go~'emment Coae are repealed. and Seerion 85102 of the Gv~'emmenr Code is repealed except jar suosec:zon (e). which is renumbered Section 85205 of the Go~'emment Code. and the following Chapter 5. commencing with Sec:ion 85100. is added to Title 9 of the Government Code as follows: Article 1. Findings and Purposes. ~ 85100. Title. This chapter shall be known as the California Political Reform Act of 1996. S 85101. Findings and Declarations. The people find and declare each of the following: I :.II Monemry contributions to political c:Jmpaigns :.Ire :l kgmmale form of participation in the :-\menc:m poiiuc:1l process. but tho: financial strength of individuals or orgamzauons should not permit them to exercise a controlling influence on the election of candidates. (b) The rapidly increasing costs ot political campaigns have forced many candidates to raise larger and larger percentages of money from interest groups Wlth a spedfic finanCial stake in matters before state and local government. * 85102. Purpose of This Law. The people enact this law to accomplish the following separ:J.te but related purposes: (a) To ensure that individuals and interest groups in our society have a fair and equitable opportunity to participate in the elective and governmental processes. ( b) To rrunimize the potentially corrupting influence and appearance of corruption caused by excessive contributions and expenditures in campaigns by providing for reasonable contribution and spending limits for candidates. (c) To reduce the influence of large contributors with a specific fmancial stake in matters before government by severing the link between lobbying and I.:ampaign fundraising. (d) To lessen the potentially corrupting pressures on candidates and officeholders for fundraising by establishing sensible time periods for soliciting and Jccepting campaign contributions. (e) To limit overall expenditures in campaigns. therebyallowmg candidates and officeholders to spend a lesser proponion of their time on fundraising and a (p greater proportion of their ume cormnumcating issues of importance to voters and consmuents. . (f) To provide imparual and noncoercive incentives that encourage candidates to voluntanly limit campaign expenditures. (g) To meet the citizens' nght to know the sources of campaIgn contributions. expenditures. and political advertising. (h) To enact tough penalties which will deter persons from violating this chapter and the Political Reform Act of 1974. . Article 2. Applicability of the Political Reform Act of 1974. * 85202. Applicability of the Political Reform Act. Unless specifically superseded by this act the definitions and provisions of the Political Reform Act of 1974, Government Code Sections 81000 et seq. shall govern the interpretauon of this law. * 85203. Small Contributor Committee. "Small contributor committee" means any committee which meets all of the following criteria: (a) It has a membership of at least 100 individuals. (b) All the contributions it receives from any person in a calendar year total fifty dollars ($50) or less. (c) It has been in existence at least six months. (d) It is not a candidate-controlled committee. :;. ~ 85204. Tw~ Y ea. Period. "Two--year period" means the period cormnencing with January I of an odd-numbered year and ending with December 31 of the next even-numbered year. * 85205. Political Party Committee. "Political party committee" means the state central cornmiaee or county central committee of an organization that meets the requirements fer recognition as a political parry pursuant to Section 5100 of the Elections Code. * 85206. Public Moneys. "Public moneys" has the same meaning as defined in Section 426 of the Penal Code. Article..3. Contribution Limitations. Secrions 85301 through 85307 and 85102 through 85104 of the Government Code are repealed and the following sections are added to the Government Code to read: . A'PC: (916) 322-5660 111496 /9.-,. . . . S 85301. Limitations on Contributions From Persons. (al E.xcept as provided in subdivision (a) of Section 85402 and Section 85706. no person. other th:.n small contriburor committees and political party couurunees. shall make to any candidate or the candidate' 5 controlled comminee for local office in districts with fewer:han 100.000 residents. and no such candidate or the candidate's comrolled committee shall accept !Tom any person a contribution or contributions totaling more than one hundred dollars ($100) for each decuon in wtuch the c':lndidate is attempting to be on the ballot or IS a write-in candidate. (b) Except as provided in subdivision (b) of Section 85402..and Section 85706. no person. other than small contributor committees and political party committees. shall make ro any candidate or the candidate's control!ed committee campaigning for office in districts of 100:000 or more residents. and no such cmdidate or the canaidate' s conrrolled committee shall ':H.::ept tram any such person a contribution or comributions tot:1ling more than twO hundred fifty dollars ($250) for each election in which the candidate is anempting to be on the ballot or is a write-in candidate. (c) Except as provided in subdivision (c) of Section 85402. no person. other than small contributor commiaees and political party committees. shall make to any candidate or the candidate's controlled committee for statewide office. and no such candidate or the candidate's controlled committee shall accept from any such person a contribution or contributions totaling more than five hundred dollars ($500) for each election in which the c:mdidare is attempting to be on the ballot or is a write-in c.:mdidate. (d) No person shall make to any committee that contributes to any candidate and no such committee shall accept tram each such person a contribution or contributions totaling more than five hundred dollars (5500) per calendar year. This subdivision shall not apply to candidate-controlled committees. political party committees. and independem expenditure conunittees. (e) The provisions of this section shall not apply to a candidate's contribution of his or her personal funds to his or her own campaign committee. but shall apply to contributions from a spouse. ~ 85302. Limitations on Contributions from Small Contributor Committees. No small contributor committee shalI make to any c.:mdidate or the conrrolled committee of such a candidate. and no such candidate or the candidate's conrrolled committee shall accept from a small 1 contributor comnunee. a contribution or conlI1bmions totaling more than twO times the applicble conlribution limit (or persons prescribed in Section 85301 or 85402- whichever is applicable. ~ 85303. Limitations on Contributions to Political Parties. No person shall give in the aggregate to political party commiaees of the same political party. and no such party committees combined shall accept from any pasoo. a contribution or CO'Rtributions totaling more than five thousand dollars (55-:000) per calendar year: except a candidate -may distribme any surplus. residual. or unexpended campaign funds to a poIitid party committee. ~ 85304. Limitations on Contributions from Political Parties. No more than 25 percent of the recommended expenditure limits specified in this act at the time of adoption by the voters. subject to cost of living adjusunents as specified in Section 83124. shall be accepted in cumulative contributions for any election from all political party comminecs by any candidate or the controlled comminee of such a candidate. Any expenditures made by a political party committee in support of a candidate shall be considered contributions to the candidate. ~ 85305. Restrictions on When Contributions Can Be Received. (a) In districts of fewer than 1.000.000 residents. no candidate or the candidate' s controlled committee shall accept contributions more than six months before any primary or special primary election or. in the event there is no primary or special primary election. any regular election or special election in which the candidate is attempting to be on the ballot or is a write-in candidate. (b) In districts of 1.000.000 residents or more and for statewide elective office. no candidate or the candidate's conrrolled conunittee shall accept contributions more than 12 months before any primary or special primary election or. in the event there is no primary or special primary election. any regular election or special election in which the candidate is attempting to be on the ballot or is a write-in candidate. (c) No candidate or the controlled committee of such candidate shall accept contributions more than 90 days after the date of withdrawal. defeat, or election to oftice. Contributions accepted immediately following such an election or withdrawal and up to 90 days after that date shall be used only te pay outstanding bills or 2 FPPC.: (9'6) 322.5660 "'496 debts owed by the c:mdidate or controlled committee. This section shall nOt apply to retiring debts incurred with respect to any election held pnor to the effective date of this act. provided such funds ;lre collected pursuant to the contribution limits specified in Article 3 (commencing with Section 85300) of this act. applied separately fo; exh prior election for which debts are being retired. and such funds raised shall not count against the contribution limitations applicable for any election following the effective date of this act. - (d) Notwithstanding subdivision (C). funds mav be <.:ollected at :my time to pay for attornev's fees' for litigation or administrative action which arises eirectlv out of a candidate' s or elected officer's alleged violatio~ of state or local campaign. disclosure. or election laws or for a tine or assessment imposed by any governmental agency for violations of this act or the Political Refonn Act of 1974. or for a recount or contest of the validirv of an election. or for any expense directly associated with an ~xtemal audit or unresolved tax liability of the campaign hy the c.::mdidate or the candidate' s conrrolled committee; provided such funds are collected pursuant to the conrribution limits of this act. (e) Contributions pursuant to subdivisions (c) and (d) of this provision shall be considered contributions raised for the election in which the debts. fines. assessments. recounts. contests. audits, or tax liabilities were incurred and shall be subject to the conrribution limits of that election. ~ 85306. Transfers. No candidate and no cormnittee controlled by a c:mdidale or officeholder. other than a political pany committee. shall make any contribution to any other c:mdidate runnin~ for office or his or her controlled committee. This section shall not prohibit a candidate trom making a contribution from his or her own personal funds to his or her own candidacy or to the candidacv of any other candidate for elective ~ffice. - ~ 85307. Loans. (a) A loan shall be considered a conrribution from the maker and the guarantor of the loan and shall be subject to all conrribution limitations. (b) Extensions of credit for a period of more than 30 days. other than loans from financial institutions given in the nonnal course of business. are subject to all contribution limitations. (c) No candidate shall personallv make outstanding loans to his or her campaign or ~ampaign committee that total at anyone point in time more than . twenty thousand dollars (S20.000) in the case of any r:z candidate. except ior candidates tor governor. or fifty thousand dollars (S50.000) in the case orcandidat.eS for .. governor. Nothing in this chapter shall prohibit a candidate from making unlimited contributions to his or her own campaign. ~ 85308. Family Contributions. (a) Contributions by a husband and wife shall not be aggregated. (b) Contributions by children under 18 shall be treated as conrributions attributed equally to each parent or guardian. ~ 85309. Aggregate Contributions from Non. individuals. No more th:m 25 percent of the recommended voluntary expenditure limits specified in this act at the time of adoption by the voters. subject to cost of living adjustments as specified in Section 83124. for an~ election shall be accepted in contributions from othe~ than individuals. small conrributor committees. and political pany committees in the aggregate by anv candidate or the controlled cormnittee of such ~ candidate. The limitation in this section shall apply whether or not the candidate agrees to the expenditure ceilings specified in Section 85400. ~ 85310. Aggregate Contributions to All State <. Candidates. No person shall contribute in the aggregate more ,. than twenty-five thousand dollars ($25.000) to all Slate candidates and the State candidates · controlled committees and political party cormnittees in any two- year period.. Contributions from political parties shall be exempt from this provision. ~ 85311. Aggregation of Financial Activity. All payments made by a person established. financed. maintained. or controlled by any business entity. labor organization. association. political party. or any other person or group of such persons shall be considered to be made by a single person. ~ 85312. Communications Within an Organization. lbe costs of internal communicatio;1S to members. emplo~. or shareholders of an organization. other than . a political ~...fur -.the - purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or measures shall not be considered a contribution or independent expenditure under the provisions of this act. provided such payments are not for the costs of campaign materials or activities used in '__. 3 FPPC: (916) 322-5660 '''496 r. . . . connecuon with broadcasung. newspaper. billboard. or smlilar type of general public communication. ~ 85313. Officeholder Account. (a) Each elected officer may be permiued to es:..ablish one segregated officeholder expense fund for expenses related to assisting. serving. or communicating with constiwents. or with carrying out the official dutit::s of the elected officer. provided aggregate contrib'ltions to such a fund do not exceed ten thousand dollars (510.000) WIthin any calendar year and that the expenditures are not made In r.:onnecuon with any campaign for elective office or ballot measure. (b) No person shall make. and no elected officer or officeholder account shall solicit or accept from any person. a contribution or contributions to the officeholder J;;count totaling more than twO hundred fifty dollars \ 5250) during any calendar year. Contributions to an officeholder Jccount shall not be considered campaign .:ontribullons. Ie) No elected officeholder or officeholder account ,hall solicit or Jccept a contribution to the officeholder :.H:CQunt from. through. or arranged by a registered state or local lobbyist or a state or local lobbyist employer if that lobbyist or lobbyist employer tinances. engages. or is authorized to engage in lobbying the governmental Jgency of the officeholder. (d) All expenditures from. and contributions to. an officeholder account are subject to the campaign disclosure and reponing requirements of the Political Reform Act of 1974 as amended. (el Any funds in an officeholder account remaining alter leaving office shall be turned over to the General Fund. Article 4. Voluntary Expenditure Ceilings. ~ 85400. Voluntary Expenditure Ceilings. (a) No candidate for legislative office. Board of Equalization. or statewide office who voluntarily accepts e:-;penditure ceilings and any controlled committee of such a candidate shall make campaign expenditures above the following amount: ( I) For an Assembly candidate. one hundred thousand dollars ($ 100.000) in the primary or special pnmary election and two hundred thousand dollars (5200.000) in the general. special. or special runoff election. (2) For a Senate candidate and candidate for Board of Equalization. tWO hundred thousand dollars (S200.00m in the primary or special primary election and iour hundred thousand dollars ($400.000) in the general, special. or special runoff election. 9 (3) For stateWIde candidates. other than governor. one million dollars ($1,000.000) in the primary election Jnd twO million dollars ($2.000.00m in the general. special. or specIal runoif' election. (4) For governor. four million dollars ($4.000.00m in the pnmary election and eight million dollars ($8.000.000) in the general. special. or special runoff election. (b) In the event that the state adopts an open primary system. the voluntary expenditure ceilings for all state candidates in the primary election shall be increased by 50 percent. (c) Any loca1 jurisdiction. municipality. or counry may establish voluntary expenditure ceilings for candida1es and controlled committees of such candidates for elective office not ,j exceed one dollar (51) per resident for each election in the district in which the candidate is seeking .:!ective office. Voluntary expenditure ceilings may be set at lower levels by the local governmg body. g 85401. Candidate Acceptance or Rejection of Expenditure Ceilings. (a) Exh c:mdidate for office shall file a st:ltement of acceptance or rejection of the voluntary expenditure ceilings in Section 85400 before accepting any contributions. If he or she agrees to accept the _ expenditure ceilings. the candidate shall not be subjectlO the contribution limitations in Section 8530 I. but shall be subject to the contribution limitations in Section 85402. (b) If a candidate declines to accept the voluntary expenditure ceilings in Section 85400. the candidate shall be subject to the contribution limitations in Section 85301. (c) Any candidate who declined to accept the voluntary expenditure ceilings but who nevertheless did not exceed the recommended spending limits in the primary, special primary, or special election. may file a statement of acceptance of the spending limits for a general or special runoff election within 14. days following the primary. special primary. or special election and receive all the benefits accompanying such an agreement specified in this act. g 85402. Contribution Limitations for Candidates Accepting Expenditure Ceilings. (a) Notwithstanding subdivision (a) of Section 85301. if a c:mc:lidate accepts the expenditure ceilings set by local ordinance pursuant to subdivision (c) of Section 85400. no person. other than small contributor committeeS and political pany committees. shall make to any such candidate or the candidate's controlled 4 FPPC: (916) 322.5660 '1'496 committee for elective office in districts of fewer than 100.000 residents and no such candidate or the c.:mdidare's comrolled committee shall accept trom any su:h person a contribution or contributions totaling more tlun rwo hundred fifty dollars (5250) for e:lch election in willch the c:mdidate 15 anempting [Q be on the ballot or is J wrue-In candidau:. (b) Norwithstandin!! subdivision (b) of Section 8530 I. if a candidart: a':cepts the expenditure ceilings in p;uagrnph (I) or (2) of subdivision ea) of Section 85400 or set by local ordinance pursuant to subdivision (c) of Section 85400. no person. other rh.an small contributor corruninees and politic~ pany conunittees. shall make to any such candidate or the candidate's controlled comminee for elective office in districts of 100.000 residents or more and no such candidate or the t:lndidate's comrolled committee shall accept from any su:h person a contribution or contributions totaling more than five hundred' dollars ($500) for each election in whIch the candidate is attempting [Q be on the ballot or is J wme-In candidate. (c) N otwithstanciing subdivision (C) of Section 8530 I. if a candidate ac:eprs the expenditure ceilings in p;uagrnph (3) or (4) of subdivision (a) of Section 85400. no person. other than small contributor comminees and political party comminees. shall make to any such candidate or the candidate's controlled committee for statewide office ':lnd no such candidate or the candidate's controlled committee shall accept from any such person a contribution or contributions totaling more than one thousand dollars ($ 1.000) for each election in which the c::mdidate is anempting [Q be on the ballot or is a write-in candidate, * 85403. Time Periods for Expenditures. For purposes of the expenditure ceilings. qualified c.:unp:lign expendirures made at any time up to the date of the primary. special primary. or special election shall be considered expenditures for that election. and qualified c.:unpaign expenditures made after the date of such ele=tion shall be considered expenditures for the general or runoff election. However. in the event that payments are made but the goods or services are not used during the period purchased. the payments shall be considered qualified campaign expenditures for the time period in which the goods or services are used. P:lyments for goods and services used in both periods shall be prorated. * 85404. Expenditure Ceilings Lifted. (a) If a candidate d:dines to accept voluntary expenditure ceilings and receives contributions. has cash . on hand. or makes qualified expenditures equal to 75 /0 percent or more of the recomml:nded expenditure ceiling for that office. the voluntary expenditure ceiling shall be three"times the limit specified in Section 85400 for any candidate running for the same non.statewide office. and tWO times the limit specified in Section 85400 for any candidate running for the same statewide office. Any candidate running for that office who onginally accepted voluntary expendirure ceilings shall be exempt from the limits that political party committees may contribute to a candida1e in Section 85304. and such candidates shall be permitted to continue receiving contributions at the .amounts set fonh in Section 85402 of this aCL (b) If an independent expenditure committee or committees in the aggregate spend in suppon or opposition to a candidate for non-statewide office more than 50 percent of the applicable-voluntary expenditure ceiling. the voluntary expendiwre ceiling shall be three times the limit specified in Section 85400 for any candidate running for the same elective office. Any c::mdidate running for that office who originally accepted voluntary expenditure ceilings shall be exempt from the limits that political party corrunittees may contribute to a candidate in Section 85304, and such candidates shall be permitted to continue receiving contributions at the amounts set fonh in subdivision (a) or (b) of Section 85402 of this aCL (c) If an independent expenditure committee or committees in the aggregate spend in suppon or opposition to a candidate for statewide office more than 25 percent of the applicable voluntary expenditure ceiling, the voluntary expenditure ceiling shall be increased two times the limit specified in Section 85400 for any candidate running for the same statewide office. Any candidate running for that office who originally accepted voluntary expenditure ceilings shall be exempt frem the limits that political party committees may contribute to a candidate in Section 85304, and such candidates shall be permitted to continue receiving contributions at the amounts set fonh in subdivision (c) of Section 85402 of this aCL (d) The commission shall require candidates and independent commine:es to provide sufficient, notice to the commission and to all candidates for the same office that they ~e approaching and exceeding the thresholds set fonh in this section. '. ":. Article 5. Independent Expenditures. ~ 85500. Independent Expenditures. (a) Any committee which makes independent expenditures of more than one thousand dollars ($ 1.000) in support of or in opposition to any candidate shall notify ". 5 FPPC: (916) 322-5660 111496 . the filing officer :lnd :JII candidates running for the same seat within 2~ hours by facsimile transffilssion or overnIght delivery eacl1 time this threshold is meL The corrnnission shall determine the disclosure requirement> for this subdivision and shall establish guIdelines permitting persons to file reportS indicating on-going mdependent expendirures. (b) Notwithstanding subdivision (d) of Section S530 J. any committee that makes independent expenditures of one thousand dollars ($ 1.000) or more supponmg or opposing a candidate shall not accept any ::onrribuuon II1 excess of two hundred fifty dollars ($250) per election. (c) Any contributor that makes a conlribution of one hundred dollars ($100) or more per election to a candidate for elective office shall be considered to be Jcting in concert with that candidate and shall not make independent expenditures and contributions which in combination exceed the amounts set forth in Section S530 I in suppon OIlhat candidate or in opposition to that ;,;;mdidate's opponent or opponents. (d) An expenditure shall not be considered independent. ar,d shall be treated as a contribution from the person making the expenditure to the candidate on whose behalf. or for whose benefit. the expenditure is made either: ( 1) With the cooperation of. or in consultation with. any candidate or any authorized committee or agent of the candidate. (2) In concert with. or at the request or suggestion of. any candidate or any authorized committee or agent of the candidate. (3) Under any arrangemenL coordination. or Jirecuon wi th respect to the candidate or the candidate' s agent and the person making the expenditure. (~) By a candidate or officeholder supporting another candidate or officeholder of the same political pmy running for a seat in the same legislative body of the candidate or officeholder. For purposes of this section. the person making the expendillJI'e shall include any officer. director. employee. or agent of that person. . . Article 6. nallot Pamphlet and Sample Ballot. ~ 85600. Candidate Access to State Ballot Pamphlet. The Secretary of Slitte shall pr(Wide to all ondidateS for statewide office; who voluntarily choose to limit their campaign expenditures in accordance with the provisions of this act, a campaign statement in the stale ballot pamphlet of 100 words in primary and special eiections. and 200 words in general elections. free of J{ charge. CandidateS for'StattWtde office not choosing to limit ~ their campaign expenditures in accordance LO provisions of this act may also publish a ompaign statement of similar length and format In the state ballot pamphlet but shall be charged the pro 14ta cost of printing. handling. tr.I1lSlating. and mailing the campaign statement Such candidate statements shall not include any references to a candidate' s opponent or opponents and may include a photograph of the candidate. ~ 85601. Candidate Access to Local Sample Ballot Materials. '(a) The -eierk of~h counry .shall provide to candidates for offic:cs of the Scue Assembly, State Senate. and Board of Equalization. who volunwily choose to limit their campaign expenditures in accordance with this aCL a campaign statement with the county sample ballot materials of 100 words in primary and special elections. and 200 words in general elections. free of charge. the add-on cOSt of which is to be reimbursed from the state General Fund. Candidates for the offices of State Assembly, State Senate. and Board of Equalization not choosing to limit their campaign expenditures in accordance to this act may also publish a campaign statement of similar length and format with the county sample ballot materials. but shall be charged the pro rata cost of printing, handling. translating. and mailing the campaign statement Such candidate Sl:l.tements shall not include any references to a candidate' s opponent or opponents and may include a photograph of the candidate. (b) The statements of candidates for State Assembly. State Senate. and Board of Equalization may be included in the State ballot pamphlet instead of with the county sample ballot materials if the Secretary of State determines that inclusion in the state ballOt pamphlet is less expensive and more convenient for the voters. ~ 85602. Notification to Voters. The Secretary of State and local elections officers shall prominently designate on the ballot and in the ballot pamphlet and sample ballot those candidates who have voluntarily agreed to expenditure ceilings. The commission shall prescribe by regulation the method or methods for such designation. Article/. Additional Contribution Requirements. ~ 85700. Disclosure of Occupation and Employer. No contribution of one hundred dollars ($100) or more shall be deposited into a campaign checking 6 FPPC: (9' 6) 322.5660 "1496 :l:;:::ount unless the n:une. address. occupation. and employer or the contribulOr IS on file in the records of the iC~:;lpient or the contribution. ~ 85701. Receipt of Laundered Contributions. Any per.;on who accepts a contribution which is not from the person listed on the check or subsequent c:unpaign disclosure statement shall be liable to pay the state the entire amount of the laundered contribution. The s:.arute oflimitauons shall not apply to !his provision. and repayments to the state shall be made as long as the person or any corruninee controlled by such a person has ;my funds sufficient to pay the sune. ~ 85702. Bundling of Contributions. Contributions made directly or indirectly to or on behalf of a panicular candidate through an intennediary or conduit shall be treated as contributions from the contributor and the intennediary or conduit to the candidate for the purposes of this limiUltion unless the Inlermediary or conduit is one of the following: (a) The candidate or represenUltive of the candidate receiving contributions on behalf of the candid:1te, However. the representative shall nOI include the following persons: ( I) A committee other than the candidate's ::unpaign corruninee. (2) A.n officer. employee. or agent of a committee other than the candidate' s campaign committee. (3) A person registered as a lobbyist with the govemmenUlJ agency for which the candidate is running or is an officeholder. (4) A.n officer. employee. or agent of a corporation or labor orgamzatlon acting on behalf of the corporation or organization. (b) A \'olunteer. who olherv.'ise does not fall under paragraphs (I) through (4) of subdivision (a) of !his provision. hosting a fundraising event outside the volunteer's place of business. ~ 85703. Earmarking of Contributions Prohibited. No person shall malee and no person. o!her than a candidate or the candidate's controlled committee. shall accept any contribution on the condition or with the agreement that it will be contributed 10 any panicular candidate. The expendi~ of funds received by a person shall be made at the sole discretion of the recipient person. * 85704. Contributions from Lobbyists. No electe~ ..officeholder. ,candidate. or the , candid:1te' s controlled comminee may solicit or accept a /J- campaign conaibution or contribution to an officeholder account trom. through. or arranged by a registered state or local lobbyist if that lobbyist finances. engages. or is authorized to engage in lobbying the governmental agency for which the candidate is seelcing election or the governmental agency of the officeholder. . ~ 85705. Contributions from Governmental Appointee;. No 'person appointed to a public board or commission or as Trustee of the California State University or Regent of the University of California during tenure in otBoe-siteH donate lO. or solicit or accept any campaign contribution for. any committee controlled by the person who made the appointment to that office or any other entity with the intent that the recipient of the donation be any comminee controlled by such person who made the appoinnnenL ~ 85706. Local Jurisdictions. (a) Nothing in this act shall nullify contribution limitations or other campaign disclosures or prohibitions of any local jurisdiction that are as or more stringent than set faITh in this aCL (b) The governing bOOy of a local jurisdiction may impose lower contribution limitations or other campaign disclosures or prohibitions that are as or more stringent than set forth in this aCL A local jurisdiction may impose higher contribution or expenditure limitations only by a vote of the people. (c) Any charter municipality which chooses to establish a voluntary spending limit program involving matChing funds. consistent with subdivision (c) of Section 85400 of this act may set a uniform contribution ceiling from any person to any candidate or the candidate's controlled committee of a contribution or contributions tOUlling no more than five hundred dollars ($500) for each election in which the c:mdidate is auempting to be on the ballot or is a write-in candidate. provided that the program.offas a matChing fund ratio of at least one dollar (S1) to each three matchable private contributions. ,". Sections 83116 arul 83116.5 of the Government Code are ameruled to read: ~ 83116. Violation of Title; Probable Cause; He.aring; Notice; Order. When tile Commission determines there is probable cause for believing this title has been violated. it may hold a he:uing to determine if such a violation has occurred. Notice shall be given and the hearing conducted in accordance with the Administrative Procedure Act (Government Code. Title 2. Division 3. '. '. . 7 FF'PC: (916) 322-5660 '11496 "\"" . '. . ?:U't 1. Chapter 5. Sections 11500 et seq.l. The C)mmission shall have :111 the powers granted by that chapter. When the Commission detennines on the basts of lhe he:mng that a violation has occurred. it shall issue an order which may require the violator to: (a) Cease and desist violation ot this title: l b) File any repons. statements or other documents or information required by this title: (C) Pay a monetary penalry ot up to t<'l u ;:j,v..~I1..d ';;~:;_J ,:~_OOO) five thousand dollars (S5.00m l1er \'lC'i.ltion to the General Fund of the state. \\-'hen the Corrunission detennines that no violation has occurred. it shall publish a declaration so stating. ~ 83116.5. Liability for Violations; Administrative. Any person who violates any provision of this title. who purposely or negligently causes any other person to \'Jolate any provision of this title. or who aids and abets Jnv other person in the violation 01 any provision of this title. shall be liable under the provisions of this chapter Joa Ch:lD(er 11 (cnmmencinlr with Section Q100m. r. ~. IJ~J. :.0.. ~.~.. .l..lt (I.;.. J~.bu.. ..~....ll "'1-'1-':" VIII.. to !-"_.J.....fd nllu Lt.l.,~ 4~~:U=- VJ II..~OJ.L~,b~ obl~e~LI"J.I.hj uuj,-,"~ ....:~ b.LL..... OJ, .,. :IV ~... .......,.J.ul-''-I.loJ,ulIr,ooJ fvj, .H..... ~ ~..~ ~u 'I ul f ~iJb l:.... p~~uu~Uet G.. =~u.~-~ueo. v~ d~J.Iwo",,~ub ~L} o,.4.....l~ 'f ~l.., ,~::-..:..:.t~C O. . "'I";' db., tl.;J .;tJ.... .....J i:l._t.J. . ;61,ll;0l'l of ~:oI..j ..;Il..._lIVJI .JLtlll u,,-,l ....vu~G.lul~ ~u ..4Jditivu~; . ;uL..bvu .....j.... 0....1-'1.... 1 :. 5 ection 9/000 of the Government Code is umended to read: ~ 91000. Enforcement. (a) Any person who knowingly or willfully \'lolates any provision of this title is guilty of a rrusdemeanor. (b) In addition to other penalties provided by law. :J fine of up to the greater of ten thousand dollars rs I 0.000) or three times the amount the person failed to fe?on properly or unlawfully contributed. expended. gave or received may be imposed upon conviction for each violation. (c) Prosecution for violation of this title must be :ommenced within four years after the date on which the VIolation occurred. fQl The commission has concurrent iurisdiction in enforcin!! the criminal misdemeanor nrovi5ions of this lille, /5 SectIons 9/004. 9/005.5 and 9/006 of the Governmenr Code art ameruied to read: ~ 91004. Violation of Reporting Requirement; Civil Liabili~'. Any person who intentionally or negligently violates any of the reporting requirements of this act, 2I: who aids and abetS anv Derson who violates anv of the reoortim~: reouirementS of this act. shall be liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction for an amount not more than the amount or value not properly reponed.. ~ 91005.5. Civil Liability for Violations. Anr~c:m-who -violates any provision of this title. except Sections 84305. 84307. and 8900 I. for which no specific civil penalty is provided.. shall be liable in a civil action brought by the commission or the district :momey pursuant to subdivision (b) of Section 91001. or the elected city anorney pursuant to Section 91001.5. for an amount up to t.. "" lJ.OtlJ_..c ~vlL. ~ ,::.:1:30) five thousand dollars 155.000) [ler violation. No civil action alleging a violation of this title may be filed against a person pursuant to this section if the criminal prosecutor is maintaining a criminal action against that person pursuant to Section 91000. The provisions of this section shall be applicable _ only as to violations occurring after the effective date of this section. S 91006. Joint and Several Liability for Violation. AJlv omon who violate5 anv Drovision of this title. who numoselv or ne!!li!!entlv causes anv other Derson to violate any nrovi5ion of this tille. or who aids and abets anv other nerson in (he violation of anv nroyision of this title. shall be liable under the orovisions of this chanter and ChaDtef 3 (commencinl! with Section 83100) of this title. If tWO or more persons are responsible for any violation. they shall be jointly and severally liable. Section 91015 of the Government Code is repealed. S 9181':. L~Mb=;;t_, fUll \.;ulQ!.:uu~, C.~.l~J.ul>l AUJ C~ya. 7L... ...n v 'f ~')~""U..l '-'J". lL:... ...:.....~L..... .,J,;I.J.ll uvl ...~t-'l) to 'I ;vl~l:vu~ \.if S\P..~vu E:: 1 G.:. Section 8420/ is added 10 the Government Code to read: 8 FPPC: (916)322-5660 "1496 ~ 84201. Contents of Campaign Statements: Reponing Threshold. The threshold f:Jr contributions and expenditures reported in the c::unpaign statements designated in S~::tions 84203,5. 84211. and 84219, except for subdivision (i) Oi' Section 84219. and for C:lSh conmbunons and anonymous contributions designated in Secuons 84300 and 84304, shall be set at no more than one hundred dollar:; (S 10m notwithstanding any other provlsion of law or any legislative amendment to such secuons. Secrion 8-13055 of the Government Code is amended to read: ~ 84305.5. Slate Mailers. Requirements. (a) No slate mailer organization or corruniuee pnlT'.:uily famed to support or oppose one or more ballot me:lSures shall ~end a slate mailer unless: ( I) The name. street address. and city of the slate m:lIier organIzation or corruniuee primarily famed to support or oppose one or more ballot me:lSures are shown on the outsIde oi each piece of slate mail and on ~ I~_". vI." vf thv ;,."".l> everv insert induded with each piece of slate mail In no less than 8.point roman type which shall be to a color or print which contrasts with the background so as to he easily legible. A post office box may be stated in lieu of a street address if the street address of the slate mailer organization or the corruniuee primarily lamed to ,upport or oppose one or more ballot measure is a matter of public record with the Secret.:lI)' of Sl..:lle's Political Reform Division. (2) Allhe top v, Lvlla... vi tLv :.. Gul of e:lch side or surface vi'...l k....l 6..' :ld.:n of a slate mailer or at the lOp a. DuttOI'l, of en:: ~:lch side or surface of a postcard or other self-mailer. there is a notice in at le:lSt 8-point roman boldface type. which shall be in a color or pnnt which contrasts with the background so as to be easily lecible. and in a printed or drawn box and set apart from a;y other printed mauer. The notice shall consist of the following statement: III NOTICE TO VOTERS '. THIS DOCUMENT WAS PREPARED BY (name of slate mailer organization or cormniuee primarily formed to suPPOrt or oppose one or more ballot me:JSures). NOT AN OFFICIAL POliTICAL PARTY ORGAN1ZATION. :...1-'...........",,:.. ~;3 Hl~~L... Jv......J uvl u.........Io.,...,lJ..u..l:l} :.u.lt-'lJ (.uaU.l",n"..ul\,...u[ of utL'-",J ...t-'V'-.......~H~ :u tL~~ u~l\,...I.. U~.H Ju\"',."a ~l ~H.I.~~_T \-udo.l.~'Iy..l.u'-'ul vl~ ~..H. \Jt-'t-"v~~~V.l.'" lv, .J.U) ~~.,H.U"'.,a ,;u...l fUI th ~l cl~ u.~G.... .\,t-'t-'-...",~.,... ~J ?~-..: [Vl ......ud ~\1tlJ\,,l.l.~,,",_d b, .........1. "......&..:..1-. All candidates and ballot ..;..........u. ".I ... ;,;...1. ;~ measures designated by ~ ill haYe Dftid for their listin~ in this mailer, A Iisrin~ in this mailer does not necessarilv imulv endorsement of Qfner candidares or measures listed in this mailer. c. (3) ~H_ ,.Ii..I...f.H.... .,.ltA I"r.....t ...ci~ ....~..J. ..J.uJ '~l) of (11-':' J:......... U.l.w.~;'""'. Ch b..u~~..."..d~~vJ.l Vi (OUU.l.UuG..... ~.I. ~,I.,UIo.U. ~1..' f'vuu(,J [0 .H....ppv..l VI. u~r'\.J")1o.. VUII.. V.I. "UVI-\". Dt.,Jlot lUIwoM..H... '-'.... ....",:I ; L .. .., ; r...~.p.~-...J b..' ~~J.=..J.~Al ,I) ...ua U~c. uvb(... n...t..p..u,-,,,",, ....' tl~"~~L. (:) u......' ....:3t"""'~ V~4 e1,.ip .".-.1....1.,..1.10.,. ..)~d(.. VI ..a#....i""'''''''... vi lb, ;.u.... L AIlv reference to a ballot measure that has uaid to be included on the slate mailer shall also comolv with the orovisions of Section 84503 et sea. (4) Each candidate and each ballot measure that has paid to appear in the slate mailer is designated by 1m .& m. Any candidate or ballot measure that has not paid to appear in the slate mailer is not designated by mr"'" ill. ..'. c The.& ill required by this subdivision shall be of the same type size. type style. color or contrast. and le.2ibility as is used for the name of the candidate or the b;jlot ~e:lSure name or number and position advocated to which the .& ill designation applies except that in no case shall the .& ill be required to be larger than I 0- point boldface type. The designation shall immediately follow the name of the candidate. or the name or number and position advocated on the ballot me:JSure where the designation appear:; in the slate of candidateS and meas~. If there is no slate listing. the designation shall appear at le:lSt once in at le:lSt 8-point boldface type. immediately following the name of the candidate. or the . name.nr number ~"r-1 position advocated on the ballot measure. (5) The name of any candidate appearing in the slate mailer who is a member of a political parry differing from the political parry which the mailer appears by representation or indicia to represent is accompanied. ... :.. ,. 9 FflPC: (916) 322.s660 '''496 ,. ~: . . . L'11..'nedi:udy below th,= name. by the party designation of the :andidale. In no less than 9-point roman rype which shall be in a color or print that contr::lSts with the ba:kground so as to be easily legible. The designation sh:lll not be required in the case of candidates for nonpartlsan office. (b) For purposes of the designations required by p:rragraph (4) of subdivision (a). the payment of any sum made reportable by subdivision (c) of Section 84219 by or at the behest of a candidate or committee, whose name or position appears in the mailer. to the slate mailer org-aniution or comminee primarily formed to suppOrt or oppose one or more ballot me::lSures, shall constitute a payment to appear. requiring the .& ill designation. The payment shall also be deemed to constiwte authorization to appe::lf in the mailer. (c) A slate mailer that complies with this section shall be deemed te satisfy the requirements of Sections 20003 and 20004 Of the Elections Code. SecrlOns 8.;501 through 84510 are added to the Governmenr Code to read: Article 5. Disclosure in Advertisements. ~ 84501. Advertisement. (a) -Advertisement" means any general or public ;ldvertisement which is authorized and paid for by a person or committee for the purpose of supporting or opposing a candidate for elective office or a ballot measure or ballot measures. (b) "Advertisement" does . not include a communication from an organization other than a political p:u-ty to its members. a campaign button smaller than 10 inches in diameter, a bumper sticker smaller than 60 square inches. or other advertisement as determined by regulations of the commission. ~ 84502. Cumulative Contributions. "Cumulative contributions" means the cumulative :ontributions to a committee beginning the first day the statement of organization is filed under Section 84 J 0 I and ending within seven days of the time the advertisement is sent to the printer or broadcast station. S 84503. Disclosure; Advertisement For or Against BaUot Measures. (al Any advertisement for or against any ballot measure shall include a disclosure statement identifying any person whose cumulative contributions are fifty thousand dollars ($50.00m or more. )s (b) If there are more than two donors of fifty thous.and dollars ($50,000) or morc. the committee is only required to disclose the highest and second highest in that order. In the event that more than twO donors meet this disclosure threshold at identical contribution levels, the highest and second highest shall be selected according to chronological sequence. ~ 84504. Identification of Committee. ( a) .Any cornxninee that supporn or opposes one or more ballot measures .shall name and identify itself using a name or -phrase that de3I'ly ldemiii~ 'the economic or other special interest'"of its major dono!1; of fifty thousand dollars (S50.000) or more in any reference to the committee required by law, induding. but not limited, to its statement of organization filed pursuant to Section 841 0 1. (b) If the major donors of fifty thousand dolltl!1; ($50.00m or more share a corronon employer. the identity of the employer shall also be disdosed. (c) Any committee which supports or opposes a ballot measure, shall print or broadcast its name as provided in this section as pan: of any advertisement or other paid public statemenL (d) If candidates or their controlled comminees, as a group or individually, meet the contribution thresholds for a person. they shall be identified by the controlling candidate's name. ~ 84505. A voidance of Disclosure. In addition to the requirements of Sections 84503, 84504, and 84506. the committee placing the advertisement or persons acting in concert with that committee shall be prohibited from creating or using a noncandidate controlled committee or a nonsponsored committee to avoid. or that results in the avoidance oi, the disclosure oi any individual. industry. business entiry, controlled committee. or sponsored committee as a major funding source. S 84506. Independent Expenditures; Advertisements. If the expendiwre for a broadcast or mass mailing advertisement that expressly advocates the election or defeat of any candidate or any ballot measure is an independent expenditure, the committee. consistent with n__.;lJ1y.disclos:w:es,~uiredb~',Se.::tions 84503 and 84504, shall include. on the advertisement the names of the two persons making the largest contributions to the committee making the independent expenditure. If an acronym is used to specify any commiuee names required by this section, the names of any sponsoring organization of the 10 FPPC: (916) 322-5660 111496 commlttee shall be prin:ed on pnnt advenisemems or spoken in broadcast advenisements. For me purposes of detennining me two conlributors to be disclosed. me conOlbutions of each person to me committee making me independent expenditure during me one-year period before me election shall be aggregated. !i 84507. Printed Statement or Broadcast Communication. Any disclosure statement required by this anicle shall be printed clearly and legibly in no less than 10- pomt type and in a conspicuous manner as defined by the commission or. if the communication is broadcasL the information shall be spoken so as to be cle:u-Iy audible and understood by the intended public and otherwise appropriately conveyed for the hearing impaired. !i 84508. Disclosure of One Funding Source on Any Advertisement. If disclosure of twO major donors is required by Secllons 84503 and 84506. the committee shall be required to disclose. in addition to the committee name. oniy its highest major contributor in any advenisement which is: (a) An elec:ronic broadcast of IS seconds or less, or (b) A newspaper. magazine. or other public print media advertisement which is 20 square inches or less. !i 84509. Amended Statements. When a committee files an amended campaign statement pursuant to Section 81004.5, the committee shall change its advenisements to reflect the changed dis::losure information. S 84510. Remedies for Article Violations: Civil Action: Fines. (a) In addition. to the remedies provided for in Chapter II (commencing with Section 91000) of this title. any person who violates this article is liable in a civil or administr.ltive action brought by the commission or any person for a fine up to three times the cost of the advertisemenL including placement costs. . (b) The remedies provided in subdivision (a) shall also apply to any person who purposely causes any other P'"..tSon to viDlate any provisiDn Df this anide or who aids and abets any Dther per~n in a~io1ation. (c) If a judgment is entered against the defendant or defendants in an action brought under this section. the plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited in the "General Fund of the state. In an actiDn brought by a local It, civil prosecutor. 50 percent shaH' be depositerl in the account of the agency bringing the action and 50 percent shall be paid to the General Fund of the state. . Section 82039 of the Government Code IS amended to read: ~ 82039. Lobbyist. "Lobbyist" me3I1S any individual who i.l ""'p;6)"d u. "u.,1:.,....;"l;cr receives two thousand dollars ($2.000) or more in economic consideration in a calendar month. other than reiml:rorsement for re:lScmable tr.lvel expenses. or whose urincioal duties as an emolovee are. to communicate directly or through his or her agents with any elective State official, agency official. or legislative official for the purpose of influencing legislative or adIninistrative actiou. J t.I. ~dbJU1.ci..d v~ ;. '-'eJ".il'41. t-'v. U\.IU o{ th-... u/P~ , ~~~~ io. ~ il~c.h li\p V6 .....l,,,,", . l......_~ ''-J ~VU.;ll~JI.& ",,-bvu ~.;I kh ~\, ~YJ. t-'''-'oJ'-' of ~lJlu,"".uIo,.~u= l~e~..)l...~, G v" ~";lI~lI;.>t:."b,,, ..~r:;6... No individual is a lobbyist by reason of acuvities described in Section 86300. SectWns 83124 and 85802 are added to the Government Code to read: ~ 83124. Cost of Living Adjustment. The commission shall adjust the contribution limitations and expenditure limitations provisions in SectiDns 85100 et seq. in January of every even- numbered year to reflect any increase or decrease in the California Consumer Price Index. Such adjusonents shall be rounded to the nearest 50 for the limitations on contributions and the nearest 1.000 for the limitations on expenditures. . ~ 85801. Appropriation to the Fair Political Practices Commission. There is hereby appropriated from me General Fund of the State to the Fair Political Practices Commission the sum of five hundred thDusand dollars ($500,000) annually above and beyond the apprDpriations established for the commission in the fiscal year immediately prior to the effective date of this . acL adjusted for cost~of-living changes. for expenditures to suppOrt the operations of me commission pur:suant to this acL If any provision of this act is successfully .chaHenged,-any-aRef'fteY's-rees and costs shall be paid from the Genera1 Fund and the corrunission' s budget shall not be reduced accordingly. Section 20300 of the Elections Code is repealed and Sectinn 895 J 9 of the Govemment Code is repealed . 11 FPPC: (916) 322-5660 111496 ~, r . . . and the following section is added to the Governmenr Code to read: ~ 89519. Surplus Campaign Funds. .-\ny campaign funds in excess of expenses incurred for the carnpaign or for expenses specified in subdivision (d) of Section 85305. received by or on behalf of an individual who seeks nanunation for election. or election to office. shall be deemed tn be surplus campaign funds and shall be distributed within 90 days after withdrawal, dereat. or election to office in the following manner: (a) No more than ten thousand dollars ($10.000) may be deposited in the candidate's officeholder account; except such surplus from a campaign fund for the general ele::tion shall not be deposited into the officeholder Jccount within 60 days immediately following the election. (b) Any remaining surplus funds shall be disuibuted to any political party. returned to contributors on a pro rata basiS. or turned over to the General Fund. Construction. This act shall be liberally construed to accomplish Its purposes. Legislative Amendments. The provisions of Section 81012 of the Government Code which allow legislative amendments . - to the Political Reform Act of 1974 shall apply to all the provisions of this act except for Sections 84201, 85301, 85303.85313.85400. and 85402. Applicability of Other Laws. Nothing in this law shall exempt any person from applicable provisions of any other laws of this state. Severability , (a) If any provision of this law. or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this law to the extent it can be given effect. or the application of such provision to persons or circumstances other than those as to which it is held invalid. shall n<*~-1iffected thereby, and to this extent the provisions of this law are severable. (b) If the expenditure limitations of Section 85400 of this law shall be held invalid, the contribution limitations specified in Sections 8530 I through 85313 shall apply. J 7 Conflicting Ballot Measures. If this act is approved by voters but superseded by any other conflicting ballot measure approved by more voters at the same election. and the conflicting ballot measure is later held invalid. it is the intent of the voters that this act shall be self.executing and given full force of the law. Effective Date. This law shall become effective January 1. 1997. Amendment to Political Refonn Act. TIll.;; chapter shall amend the Political Reform Act of 1974 as amended and all of its provisions which do not conflict with this chapter shall apply to the provisions of this chapter. 12 FPPC: (916)322-5660 111496