Laserfiche WebLink
I1®n <br />BEST BEST & KRIEGER <br />ATTORNEYS AT LAW <br />MEMORANDUM <br />To PUBLIC AGENCY CLIENTS <br />From: BEST BEST & KRIEGER LLP <br />Date: MAY 29, 2018 " <br />Re: THE CALIFORNIA DISCLOSE ACT (AB 249) AND FPPC RULES <br />Analysis of AB 249 and Proposed FPPC Rule Chances <br />AB 249 (Stats. 2017, Ch. 546), the California Disclose Act, amended, repealed, <br />and added several sections to the Government Code relating to the Political Reform Act <br />of 1974 (the "PRA").' The legislation is intended to help voters make more informed <br />choices. <br />This new law can potentially affect public entities by changing laws that affect <br />ballot measures that a public entity might put on the ballot. There are changes made in <br />AB 249 as well as the proposed Fair Political Practices Commission rule changes that <br />affect expenditures, telephone advocacy, and required disclosures, for example, in <br />relation to ballot measures. <br />1. Section 82025 — Expenditure; payment made for political purposes; clearly <br />identified; expressly advocates <br />Section 82025 defines when a payment is made for political purposes. It further <br />defines when a communication "expressly advocates" the nomination, election, or <br />defeat of a candidate or the qualification, passage, or defeat of a ballot measure. AB <br />249 amended Section 82025 revising the definition of "expenditure" to include any <br />monetary or non -monetary payments made by persons other than a candidate, <br />controlled committee, or an official committee of a political party, including a state <br />central committee, county central committee, assembly district committee, or any <br />subcommittee of such committee that is used for communications expressly advocating <br />for the nomination, election, or defeat of a clearly identified candidate or candidates. or <br />Hereinafter, when the word "Section" is used, it refers to a section of the Government Code. When "Regulation" is <br />used, it refers to a regulation of the Fair Political Practices Commission. <br />This product provided under the Public Policy & Ethics Group Program <br />93939.00001\31049104,3 <br />