BILL NUMBER: AB 1730 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2012
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 amended, 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 , and
the Joint Rules Committee, as appropriate, to provide to each
Member of the Assembly and Senate , repectively, a
monthly report of that Member's office budget
and committee budgets , as specified. The bill would
require each Member of the Legislature to publish the monthly budget
report on the Member's Internet Web site or legislative
committee Internet Web site, as specified .
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.
The Political Reform Act of 1974, an initiative measure, provides
that the act may be amended by a statute that becomes effective upon
approval of the voters.
This bill would require the Secretary of State to submit the
provisions of the bill that would amend the Political Reform Act of
1974 to the voters for approval at a statewide election, as
specified.
Vote: 2/3 majority . 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 , and the
Joint Rules Committee, as appropriate, 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.
The monthly budget report for a Member who is a chairperson of
a legislative committee shall also include any allocations and
expenditures relating to that committee, identified in a
manner that permits the Member to report those allocations and
expenditures as required in subdivision (c).
(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.
(c) Each Member of the Legislature who is a chairperson of a
legislative committee shall publish a monthly report, using the
information included in the report provided to him or her pursuant to
subdivision (a), that identifies allocations and expenditures for
that committee on the Internet Web site for that committee.
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 , or, if permitted , by
electronic transmission, 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.
SEC. 6. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the duties imposed on a local agency or school
district by this act were expressly included in a ballot measure
approved by the voters in a statewide election, within the meaning of
Section 17556 of the Government Code.
SEC. 7. The Secretary of State shall, pursuant to
subdivision (b) of Section 81012 of the Government Code, submit
Sections 4 and 5 of this act to the voters for approval at a
statewide election in accordance with Section 9040 of the Elections
Code.