BILL NUMBER: AB 1730	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Olsen

                        FEBRUARY 16, 2012

   An act to add Sections 9131.1, 9518, 82037.5, and 84203.1 to the
Government Code, relating to the Legislature.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1730, as introduced, Olsen. Legislative Transparency Act.
   Existing law requires the Assembly Committee on Rules, the Senate
Committee on Rules, and the Joint Rules Committee to annually prepare
a report to the public of all expenditures made from the operating
fund subject to their direction and control, including a list of
expenditures for each Member and committee of the Legislature, as
prescribed.
   This bill would require the Assembly Committee on Rules and the
Senate Committee on Rules to provide to each Member of the Assembly
and Senate, repectively, a monthly report of that Member's office
budget, as specified. The bill would require each Member of the
Legislature to publish the monthly budget report on the Member's
Internet Web site.
   Existing provisions of the California Constitution provide for the
manner in which the Legislature may pass a bill, and authorize the
Legislature to adopt rules for its proceedings.
   This bill would prohibit either house of the Legislature from
taking a vote on any bill until the bill, in its present form, has
been made available to the public on an Internet Web site for at
least 72 hours, unless the house dispenses with this requirement by a
2/3 vote.
   The Political Reform Act of 1974 imposes various reporting and
disclosure requirements on contributions made to or by candidates and
candidate-controlled committees.
   This bill would require a Member of the Legislature or a
controlled committee of a Member of the Legislature that receives a
legislative deadline contribution to report that contribution within
24 hours, as prescribed. The bill would define "legislative deadline
contribution" to mean a contribution of $100 or more that is made to
a Member of the Legislature or a controlled committee of a Member of
the Legislature within the 7 days prior to specified legislative
deadlines for a regular session of the Legislature.
   Existing law makes a knowing or willful violation of the act a
misdemeanor and subjects offenders to criminal penalties.
   By creating additional crimes, 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.
   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 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill would declare that it furthers the purposes of the act.

   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the
Legislative Transparency Act.
  SEC. 2.  Section 9131.1 is added to the Government Code, to read:
   9131.1.  (a) The Assembly Committee on Rules and the Senate
Committee on Rules shall provide to each Member of the Assembly and
Senate, respectively, a monthly report of that Member's office
budget. The monthly budget report shall include all allocations and
expenditures, including caucus allocations, travel expenses, office
rent, and staff salaries.
   (b) Each Member of the Legislature shall publish the monthly
budget report provided to him or her pursuant to subdivision (a) on
the Member's Internet Web site.
  SEC. 3.  Section 9518 is added to the Government Code, to read:
   9518.  No vote shall be taken in either house of the Legislature
on a bill until that bill, in its present form, has been made
available to the public on an Internet Web site for at least 72
hours, unless the house dispenses with this requirement by a roll
call vote entered in the journal, two-thirds of the membership
concurring.
  SEC. 4.  Section 82037.5 is added to the Government Code, to read:
   82037.5.  "Legislative deadline contribution" means a contribution
of one hundred dollars ($100) or more that is made to a Member of
the Legislature or a controlled committee of a Member of the
Legislature within the seven days prior to any of the following
legislative deadlines for a regular session of the Legislature:
   (a) The June 15 deadline to pass a Budget Bill pursuant to Section
12 of Article IV of the California Constitution.
   (b) Any deadline imposed by the California Constitution, a
statute, or the Joint Rules of the Senate and Assembly for the
passage of a bill by the house in which the bill was introduced.
   (c) Any date specified by the California Constitution, a statute,
or the Joint Rules of the Senate and Assembly by when the Legislature
is required to adjourn for a joint recess in an odd-numbered year to
reconvene in an even-numbered year or the date for the Legislature
to adjourn sine die in an even-numbered year.
  SEC. 5.  Section 84203.1 is added to the Government Code, to read:
   84203.1.  (a) Each Member of the Legislature or controlled
committee of a Member of the Legislature that receives a legislative
deadline contribution shall report the legislative deadline
contribution to each office with which the Member or committee is
required to file its next campaign statement pursuant to Section
84215. The recipient of the legislative deadline contribution shall
report his or her full name and street address, the date and amount
of the legislative deadline contribution, and whether the
contribution was made in the form of a loan. The recipient shall also
report the full name of the contributor, his or her street address,
his or her occupation, and the name of his or her employer or, if
self-employed, the name of the business.
   (b) A legislative deadline contribution shall be reported by
facsimile transmission, guaranteed overnight delivery, or personal
delivery within 24 hours of the time it is received. The report to
the Secretary of State shall be by online or electronic transmission
only. A legislative deadline contribution shall be reported on
subsequent campaign statements without regard to reports filed
pursuant to this section.
   (c) A legislative deadline contribution need not be reported nor
shall it be deemed accepted if it is not cashed, negotiated, or
deposited, and is returned to the contributor within 24 hours of its
receipt.
   (d) A report filed pursuant to this section shall be in addition
to any other campaign statement required to be filed by this chapter.

  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 7.  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.