SB 1389

Introduced by Senator Dahle
 An act to amend Section 91013 of the Government Code, relating to the Political Reform Act of 1974.
the Political Reform Act of 1974
The Political Reform Act of 1974: late filing of reports.
Under the Political Reform Act of 1974, a person who files an original statement or report related to campaign financing, or a copy of the statement or report, after a deadline imposed by the act is liable in the amount of $10 per day after the deadline until the statement or report is filed, up to the cumulative amount stated in the late statement or report or $100, whichever is greater. For original statements or reports, existing law authorizes a filing officer to not impose this liability if the officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except in specified cases, including if a
			 statement of economic interest, other than the statement of a candidate for specified state and local offices, is not filed within 30 days after the filing officer has sent specific written notice of the filing requirement.
This bill would establish a limit on liability of $100 for the late filing of an original statement of economic interest. For any other original statement or report, the bill would limit liability for a late filing at an amount equal to the aggregate amount of any contributions, expenditures, and other amounts reported on the statement or report, or $100, whichever is greater. The bill would remove the provision imposing liability in the amount of $10 for the filing of a late copy of a statement or report. The bill would also remove the exception to liability if the statement of a candidate for specified state and local offices is not filed
			 within 30 days after the filing officer has sent specific written notice of the filing requirement, thereby penalizing such a late filing in the same manner as the late filing of other statements of economic interest.
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 of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The people of the State of California do enact as follows:
SECTION 1.
Section 91013 of the
Government Code
, as amended by Section 2 of Chapter 696 of the Statutes of 2023, is amended to read:
91013.
(a) (1) (A) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this act, be liable in the amount of ten dollars ($10) per day after the deadline until the statement or report is
						filed, up to the maximum amount stated in subparagraph (B).
(B) For a statement of economic interest, the maximum amount of liability for a late filing is one hundred dollars ($100). For any other statement or report, the maximum amount of liability for a late filing shall be equal to the aggregate amount of any contributions, expenditures, and other amounts reported on the statement or report, or one hundred dollars ($100), whichever is greater.
(2) Liability need not be enforced by the filing officer if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that liability shall
						not be waived pursuant to this paragraph
						in the following cases:
(A) For a statement of economic interest, the statement is not filed within 30 days after a referral for the late or missing filing is filed with the commission.
(B) For a campaign statement required to be filed 12 days before an election, the statement is not filed within 5 days after the filing officer has sent specific written notice of the filing requirement.
(C) For all other statements or reports, the statement or report is not filed within 10 days after the filing officer has sent specific written notice of the filing requirement.
(3) Liability shall not be enforced by the filing officer if the person who filed the late
						statement or report was unable to timely file the statement or report due to serious illness or hospitalization.
(4) Liability shall not be enforced by the filing officer if the person who filed the late statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.
(b) Liability under this section shall be to the officer with whom the statement or report is required to be filed. The officer shall deposit any funds received under this section into the general fund of the jurisdiction of which the filing officer is an officer.
SEC. 2.
Section 91013 of the
Government Code
, as amended by Section 74 of Chapter 278 of the Statutes of 2025, is amended to read:
91013.
(a) (1) (A) Except as provided in paragraphs (2) to (4), if any person files an original statement or report after any deadline imposed by this act, the person shall, in addition to any other penalties or remedies established by this act, be liable in the amount of ten dollars ($10) per day after the deadline until the statement or report is
						filed, up to the maximum amount stated in subparagraph (B).
(B) For a statement of economic interest, the maximum amount of liability for a late filing is one hundred dollars ($100). For any other statement or report, the maximum amount of liability for a late filing shall be equal to the aggregate amount of any contributions, expenditures, and other amounts reported on the statement or report, or one hundred dollars ($100), whichever is greater.
(2) Liability need not be enforced by the filing officer if on an impartial basis the filing officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the act, except that liability shall
						not be waived pursuant to this paragraph
						in the following cases:
(A) For a statement of economic interest, the statement is not filed within 30 days after a referral for the late or missing filing is filed with the commission.
(B) For a campaign report required to be filed 12 days before an election, the report is not filed within 5 days after the filing officer has sent specific written notice of the filing requirement.
(C) For all other statements or reports, the statement or report is not filed within 10 days after the filing officer has sent specific written notice of the filing requirement.
(3) Liability shall not be enforced by the filing officer if the person who filed the late
						statement or report was unable to timely file the statement or report due to serious illness or hospitalization.
(4) Liability shall not be enforced by the filing officer if the person who filed the late statement or report completes the political reform education program pursuant to Section 83116.7 for that late filing violation.
(b) Liability under this section shall be to the officer with whom the statement or report is required to be filed. The officer shall deposit any funds received under this section into the general fund of the jurisdiction of which the filing officer is an officer.
SEC. 3.
Section 2 of this act shall not become operative until the Secretary of State certifies an online filing and disclosure system pursuant to paragraph (7) of subdivision (b) of Section 84602 of the Government Code.
SEC. 4.
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.