SB 852

(1) The Political Reform Act of 1974 provides for the comprehensive regulation of political campaigns, lobbying, and other matters relating to governmental ethics and elections. The act is an initiative measure that authorizes the Legislature to amend its provisions by enactment of a bill by a 23 vote of each house if that bill furthers the act's purposes and, at least 8 days before passage, or at least 12 days before passage if the previous form of the bill did not amend the act, the bill in its final form has been delivered to the Fair Political Practices Commission for distribution to the news media and every person who has requested a copy from the commission. The act requires the Legislative Counsel, through a specified electronic system, to allow the public to sign up to receive an email alert any time a bill that would amend the act is, among other things, introduced, amended, referred to the floor or committee, or voted on.

This bill would eliminate the requirement that a bill amending the act must be delivered to the commission for distribution to the news media and every person who has requested a copy, instead requiring an otherwise proper amendment of the act to be printed, distributed to the Members of the Legislature, and published on the internet. The bill would declare that it furthers the purposes of the act.

The act also regulates conflicts of interest of public officials and requires that public officials file periodic statements of economic interest that disclose certain information regarding income, investments, and other financial data. The act provides that the Fair Political Practices Commission is the filing officer for statewide elected officers and candidates and other specified public officials, and requires those officers, candidates, and officials to file their statements of economic interest using the commission's electronic filing system.

This bill would add public officials who manage public investments to the list of individuals for whom the commission is the filing officer for statements of economic interest and would require those officials to file their statements of economic interest using the commission's electronic filing system.

The act also prohibits the receipt, delivery, or attempted delivery of a contribution in the State Capitol, any state office building, or any office for which the state pays the majority of the rent other than a legislative district office.

This bill would expand that prohibition to apply to local government office buildings and offices for which the state or a local government pays rent. The bill would also eliminate the exception for legislative district offices.

A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By establishing new requirements for the filing of statements of economic interests and by expanding the scope of restrictions on contributions, this bill would expand the scope of existing crimes, and therefore would impose a state-mandated local program.

(2) The Voters FIRST Act, an initiative measure approved by the electors as Proposition 11 at the November 4, 2008, statewide general election, requires the Citizens Redistricting Commission to draw district lines for the election of members of the State Senate, Assembly, Congress, and the State Board of Equalization. The act requires new members of the commission to be chosen in each year ending in 0 according to a specified selection process. Under existing law, any vacancy on the commission that occurs prior to December 31 of a year ending in 2 must be filled by the commission within 30 days and any vacancy that occurs on or after December 31 of a year ending in 2 must be filled within 90 days, as specified.

This bill would eliminate the requirement for the commission to fill a vacancy that occurs on or after December 31 of a year ending in 2 within 90 days and would instead authorize the commission to fill that vacancy.

The Voters FIRST Act authorizes the Legislature to amend the statutory provisions of the act by a statute that (1) is approved by a 23 vote of each house of the Legislature and signed by the Governor, (2) furthers the act's purposes, and (3) complies with specified procedural requirements.

(3) This bill would declare that it furthers the purposes of the Voters FIRST Act and the purposes of the Political Reform Act of 1974.

(4) 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.