Political Reform Act of 1974: expenditures.

Under the Political Reform Act of 1974, a "contribution" means a payment, a forgiveness of a loan, a payment of a loan by a 3rd party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. Under the act, an "independent expenditure" is an expenditure in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee. A candidate or committee that makes an independent expenditure totaling $1,000 or more in a calendar year to support or oppose a measure or qualification of a measure is required to file a report of that disclosure with the Fair Political Practices Commission. A person who violates the act is subject to administrative, civil, and criminal penalties. This bill would provide that a contribution includes the payment of public moneys by a state or local governmental agency for a communication to the public which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election, and which is made at the behest of the affected candidate or committee. The bill would further provide that an independent expenditure includes the payment of public moneys by a state or local governmental agency. By placing administrative, civil, and criminal penalties on persons who violate this bill, the 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 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.