BILL NUMBER: AB 3101	CHAPTERED  07/27/04

	CHAPTER  207
	FILED WITH SECRETARY OF STATE  JULY 27, 2004
	APPROVED BY GOVERNOR  JULY 27, 2004
	PASSED THE SENATE  JULY 12, 2004
	PASSED THE ASSEMBLY  MAY 17, 2004
	AMENDED IN ASSEMBLY  APRIL 27, 2004

INTRODUCED BY   Committee on Elections, Redistricting and
Constitutional Amendments (Longville (Chair), Jerome Horton, Laird,
Leno, Levine, Samuelian, and Strickland)

                        MARCH 18, 2004

   An act to amend Section 85401 of the Government Code, relating to
the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3101, Committee on Elections, Redistricting and Constitutional
Amendments.  Political Reform Act of 1974:  voluntary expenditure
limits.
   Under the Political Reform Act of 1974 a candidate for elective
state office may voluntarily accept specified expenditure limits for
his or her campaign for office.  Under existing law, a candidate may
not change his or her statement of acceptance or rejection of
voluntary expenditure limits more than twice after the initial filing
of nomination papers for that election and office.
   This bill would instead provide that a candidate may not change
his or her acceptance or rejection of voluntary expenditure limits
more than twice after the candidate's initial filing of a statement
of intention to be a candidate.
   Existing law makes a violation of the act subject to
administrative, civil, and criminal penalties.
   This bill would impose a state-mandated local program by imposing
these penalties on persons who violate the provisions of this bill.
  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
with a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill, which would declare that it furthers the purposes of
the act, would therefore require a 2/3 vote.


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


  SECTION 1.  Section 85401 of the Government Code, as amended by
Chapter 9 of the Statutes of 2004, is amended to read:
   85401.  (a) Each candidate for elective state office shall file a
statement of acceptance or rejection of the voluntary expenditure
limits set forth in Section 85400 at the time he or she files the
statement of intention specified in Section 85200.
   (b) A candidate may, until the deadline for filing nomination
papers set forth in Section 8020 of the Elections Code, change his or
her statement of acceptance or rejection of voluntary expenditure
limits provided he or she has not exceeded the voluntary expenditure
limits.  A candidate may not change his or her statement of
acceptance or rejection of voluntary expenditure limits more than
twice after the candidate's initial filing of the statement of
intention for that election and office.
   (c) Any candidate for elective state office who declined to accept
the voluntary expenditure limits but who nevertheless does not
exceed the limits in the primary, special primary, or special
election, may file a statement of acceptance of the expenditure
limits for a general or special runoff election within 14 days
following the primary, special primary, or special election.
   (d) Notwithstanding Section 81004.5 or any other provision of this
title, a candidate may not change his or her statement of acceptance
or rejection of voluntary expenditure limits other than as provided
for by this section and Section 85402.
  SEC. 2.  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. 3.  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.