AB 1666, as amended, Garcia. Political Reform Act of 1974: campaign funds: bribery fines.
Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing and prohibits the use of campaign funds to pay or reimburse fines, penalties, judgments, or settlements, except as specified. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties.
Existing law subjects any member of the Legislature or any member of the legislative body of a city, county, city and county, school district, or other special district who asks for or receives a bribe in exchange for influence over his or her official action to imprisonment in a state prison and imposes prescribed restitution fines based on whether a bribe has actually been received.
begin insertThis bill would incorporate additional changes to Section 89513 of the Government Code, proposed by AB 1692 and SB 831, that would become operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.
end insertThis bill would increase the restitution fines to twice the original amount and prohibit the use of campaign funds to pay for the restitution fines. By introducing a new prohibition, the violation of which would be a misdemeanor, the bill would create a crime, thereby imposing 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.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 89513 of the Government Code is
2amended to read:
This section governs the use of campaign funds for the
4specific expenditures set forth in this section. It is the intent of the
5Legislature that this section shall guide the interpretation of the
6standard imposed by Section 89512 as applied to other expenditures
7not specifically set forth in this section.
8(a) (1) Campaign funds shall not be used to pay or reimburse
9the candidate, the elected officer, or any individual or individuals
10with authority to approve the expenditure of campaign funds held
11by a committee, or employees or staff of the committee, or the
12elected officer’s governmental agency for travel expenses and
13necessary accommodations except when
these expenditures are
14directly related to a political, legislative, or governmental purpose.
P3 1(2) For the purposes of this section, payments or reimbursements
2for travel and necessary accommodations shall be considered as
3directly related to a political, legislative, or governmental purpose
4if the payments would meet standards similar to the standards of
5the Internal Revenue Service pursuant to Sections 162 and 274 of
6the Internal Revenue Code for deductions of travel expenses under
7the federal income tax law.
8(3) For the purposes of this section, payments or reimbursement
9for travel by the household of a candidate or elected officer when
10traveling to the same destination in order to accompany the
11candidate or elected officer shall be considered for the same
12purpose as the
candidate’s or elected officer’s travel.
13(4) Whenever campaign funds are used to pay or reimburse a
14candidate, elected officer, his or her representative, or a member
15of the candidate’s household for travel expenses and necessary
16accommodations, the expenditure shall be reported as required by
17Section 84211.
18(5) Whenever campaign funds are used to pay or reimburse for
19travel expenses and necessary accommodations, any mileage credit
20that is earned or awarded pursuant to an airline bonus mileage
21program shall be deemed personally earned by or awarded to the
22individual traveler. Neither the earning or awarding of mileage
23credit, nor the redeeming of credit for actual travel, shall be subject
24to reporting pursuant to Section 84211.
25(b) (1) Campaign funds shall not be used to pay for or reimburse
26the cost of professional services unless the services are directly
27related to a political, legislative, or governmental purpose.
28(2) Expenditures by a committee to pay for professional services
29reasonably required by the committee to assist it in the performance
30of its administrative functions are directly related to a political,
31legislative, or governmental purpose.
32(3) Campaign funds shall not be used to pay health-related
33expenses for a candidate, elected officer, or any individual or
34individuals with authority to approve the expenditure of campaign
35funds held by a committee, or members of his or her household.
36“Health-related expenses” includes, but is not limited to,
37examinations by
physicians, dentists, psychiatrists, psychologists,
38or counselors, expenses for medications, treatments or medical
39equipment, and expenses for hospitalization, health club dues, and
40special dietary foods. However, campaign funds may be used to
P4 1pay employer costs of health care benefits of a bona fide employee
2or independent contractor of the committee.
3(c) (1) Campaign funds shall not be used to pay or reimburse
4fines, penalties, judgments, or settlements, except those resulting
5from either of the following:
6(A) Parking citations incurred in the performance of an activity
7that was directly related to a political, legislative, or governmental
8purpose.
9(B) Any other action for which payment of
attorney’s fees from
10contributions would be permitted pursuant to this title.
11(2) Campaign funds shall not be used to pay a restitution fine
12imposed under Section 86 of the Penal Code.
13(d) Campaign funds shall not be used for campaign, business,
14or casual clothing except specialty clothing that is not suitable for
15everyday use, including, but not limited to, formal wear, if this
16attire is to be worn by the candidate or elected officer and is directly
17related to a political, legislative, or governmental purpose.
18(e) (1) Except where otherwise prohibited by law, campaign
19funds may be used to purchase or reimburse for the costs of
20purchase of tickets to political fundraising events for the attendance
21of a
candidate, elected officer, or his or her immediate family, or
22an officer, director, employee, or staff of the committee or the
23elected officer’s governmental agency.
24(2) Campaign funds shall not be used to pay for or reimburse
25for the costs of tickets for entertainment or sporting events for the
26candidate, elected officer, or members of his or her immediate
27family, or an officer, director, employee, or staff of the committee,
28unless their attendance at the event is directly related to a political,
29legislative, or governmental purpose.
30(3) The purchase of tickets for entertainment or sporting events
31for the benefit of persons other than the candidate, elected officer,
32or his or her immediate family are governed by subdivision (f).
33(f) (1) Campaign funds shall not be used to make personal gifts
34unless the gift is directly related to a political, legislative, or
35governmental purpose. The refund of a campaign contribution
36does not constitute the making of a gift.
37(2) Nothing in this section shall prohibit the use of campaign
38funds to reimburse or otherwise compensate a public employee
39for services rendered to a candidate or committee while on
40vacation, leave, or otherwise outside of compensated public time.
P5 1(3) An election victory celebration or similar campaign event,
2or gifts with a total cumulative value of less than two hundred fifty
3dollars ($250) in a single year made to an individual employee, a
4committee worker, or an employee of the elected officer’s agency,
5are considered
to be directly related to a political, legislative, or
6governmental purpose. For purposes of this paragraph, a gift to a
7member of a person’s immediate family shall be deemed to be a
8gift to that person.
9(g) Campaign funds shall not be used to make loans other than
10to organizations pursuant to Section 89515, or, unless otherwise
11prohibited, to a candidate for elective office, political party, or
12committee.
begin insertSection 89513 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14to read:end insert
This section governs the use of campaign funds for the
16specific expenditures set forth in this section. It is the intent of the
17Legislature that this section shall guide the interpretation of the
18standard imposed by Section 89512 as applied to other expenditures
19not specifically set forth in this section.
20(a) (1) Campaign funds shall not be used to pay or reimburse
21the candidate, the elected officer, or any individual or individuals
22with authority to approve the expenditure of campaign funds held
23by a committee, or employees or staff of the committee or the
24elected officer’s governmental agency for travel expenses and
25necessary accommodations except when these expenditures are
26directly related to a political, legislative,
or governmental purpose.
27(2) For the purposes of this section, payments or reimbursements
28for travel and necessary accommodations shall be considered as
29directly related to a political, legislative, or governmental purpose
30if the payments would meet standards similar to the standards of
31the Internal Revenue Service pursuant to Sections 162 and 274 of
32the Internal Revenue Code for deductions of travel expenses under
33the federal income tax law.
34(3) For the purposes of this section, payments or reimbursement
35for travel by the household of a candidate or elected officer when
36traveling to the same destination in order to accompany the
37candidate or elected officer shall be considered for the same
38purpose as the candidate’s or elected officer’s travel.
39(4) Whenever campaign funds are used to pay or reimburse a
40candidate,
elected officer, his or her representative, or a member
P6 1of the candidate’s household for travel expenses and necessary
2accommodations, the expenditure shall be reported as required by
3Section 84211.
4(5) Whenever campaign funds are used to pay or reimburse for
5travel expenses and necessary accommodations, any mileage credit
6that is earned or awarded pursuant to an airline bonus mileage
7program shall be deemed personally earned by or awarded to the
8individual traveler. Neither the earning or awarding of mileage
9credit, nor the redeeming of credit for actual travel, shall be subject
10to reporting pursuant to Section 84211.
11(b) (1) Campaign funds shall not be used to pay for or reimburse
12the cost of professional services unless the services are directly
13related to a political, legislative, or governmental purpose.
14(2) Expenditures by a committee to pay for professional services
15reasonably required by the committee to assist it in the performance
16of its administrative functions are directly related to a political,
17legislative, or governmental purpose.
18(3) Campaign funds shall not be used to pay health-related
19expenses for a candidate, elected officer, or any individual or
20individuals with authority to approve the expenditure of campaign
21funds held by a committee, or members of his or her household.
22“Health-related expenses” includes, but is not limited to,
23examinations by physicians, dentists, psychiatrists, psychologists,
24or counselors, expenses for medications, treatments or medical
25equipment, and expenses for hospitalization, health club dues, and
26special dietary foods. However, campaign funds may be used to
27pay employer costs of health care benefits of a bona fide employee
28or independent
contractor of the committee.
29(c) begin insert(1)end insertbegin insert end insert Campaign funds shall not be used to pay or reimburse
30fines, penalties, judgments, or settlements, except those resulting
31from either of the following:
32(1)
end delete
33begin insert(A)end insert Parking citations incurred in the performance of an activity
34that was directly related to a political, legislative, or governmental
35purpose.
36(2)
end delete
37begin insert(B)end insert Any other action for which payment of attorney’s fees from
38contributions would be permitted pursuant to this title.begin insert However,
39campaign funds shall not be used to pay a fine, penalty, judgment,
P7 1or settlement relating to an expenditure of campaign funds that
2resulted in either of the following:end insert
3(i) A personal benefit to the candidate or officer if it is
4determined that the expenditure was not reasonably related to a
5political, legislative, or governmental purpose.
6(ii) A substantial personal benefit to the candidate or officer if
7it is determined that the expenditure was not directly related to a
8political, legislative, or governmental purpose.
9(2) Campaign funds shall not be used to pay a restitution fine
10imposed under Section 86 of the Penal Code.
11(d) Campaign funds shall not be used for campaign, business,
12or casual clothing except specialty clothing that is not suitable for
13everyday use, including, but not limited to, formal wear, if this
14attire is to be worn by the candidate or elected officer and is directly
15related to a political, legislative, or governmental purpose.
16(e) (1) Except where otherwise prohibited by law, campaign
17funds may be used to purchase or reimburse for the costs of
18purchase of tickets to political fundraising events for the attendance
19of a candidate, elected officer, or his or her immediate family, or
20an officer, director, employee, or staff of the committee or the
21elected officer’s governmental agency.
22(2) Campaign funds shall not be used to pay for or reimburse
23for the costs of tickets for entertainment or sporting events for the
24candidate, elected officer, or members of his or her immediate
25family, or an officer, director, employee, or staff of the committee,
26unless their attendance at the event is directly related to a political,
27legislative, or governmental purpose.
28(3) The purchase of tickets for entertainment or sporting events
29for the benefit of persons other than the candidate, elected officer,
30or his or
her immediate family are governed by subdivision (f).
31(f) (1) Campaign funds shall not be used to make personal gifts
32unless the gift is directly related to a political, legislative, or
33governmental purpose. The refund of a campaign contribution
34does not constitute the making of a gift.
35(2) Nothing in this section shall prohibit the use of campaign
36funds to reimburse or otherwise compensate a public employee
37for services rendered to a candidate or committee while on
38vacation, leave, or otherwise outside of compensated public time.
39(3) An election victory celebration or similar campaign event,
40or gifts with a total cumulative value of less than two hundred fifty
P8 1dollars ($250) in a single year made to an individual employee, a
2committee worker, or an employee of the elected officer’s agency,
3are
considered to be directly related to a political, legislative, or
4governmental purpose. For purposes of this paragraph, a gift to a
5member of a person’s immediate family shall be deemed to be a
6gift to that person.
7(g) Campaign funds shall not be used to make loans other than
8to organizations pursuant to Section 89515, or, unless otherwise
9prohibited, to a candidate for elective office, political party, or
10committee.
begin insertSection 89513 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
12to read:end insert
This section governs the use of campaign funds for the
14specific expenditures set forth in this section. It is the intent of the
15Legislature that this sectionbegin delete shallend delete guide the interpretation of the
16standard imposed by Section 89512 as applied to other expenditures
17not specifically set forth in this section.
18(a) (1) Campaign funds shall not be used to pay or reimburse
19begin delete theend deletebegin insert aend insert candidate,begin delete theend delete
elected officer, or any individual or individuals
20with authority to approve the expenditure of campaign funds held
21by a committee, or employees or staff of the committee or the
22elected officer’s governmentalbegin delete agencyend deletebegin insert agency,end insert for travel expenses
23and necessarybegin delete accommodationsend deletebegin insert accommodations,end insert except when
24these expenditures are directly related to a political, legislative, or
25governmental purpose.
26(2) Forbegin delete theend delete
purposes of this section, payments or reimbursements
27for travel and necessary accommodations shall be considered as
28directly related to a political, legislative, or governmental purpose
29if the payments would meet standards similar to the standards of
30the Internal Revenue Service pursuant to Sections 162 and 274 of
31the Internal Revenue Code for deductions of travel expenses under
32the federal income tax law.
33(3) Forbegin delete theend delete purposes of this section, payments or reimbursement
34for travel by the household of a candidate or elected officer when
35traveling to the same destination in order to accompany the
36candidate or elected officer shall be considered for the same
37purpose as the candidate’s or elected officer’s travel.
38(4) begin deleteWhenever end deletebegin insertIf
end insertcampaign funds are used to pay or reimburse
39a candidate, elected officer, his or her representative, or a member
40of the candidate’s household for travel expenses and necessary
P9 1accommodations, the expenditure shall be reported as required by
2Section 84211.
3(5) begin deleteWhenever end deletebegin insertIf end insertcampaign funds are used to pay or reimburse
4for travel expenses and necessary accommodations, any mileage
5credit that is earned or awarded pursuant to an airline bonus
6mileage program shall be deemed personally earned by or awarded
7to the individual traveler. Neither the earning or awarding of
8mileage credit, nor the redeeming of credit for actual travel, shall
9be subject to reporting pursuant to Section 84211.
10(6) Campaign funds shall not be used to make a payment for a
11personal vacation for a candidate; elected officer; immediate
12family member of a candidate or elected officer; or an officer,
13director, employee, or member of the staff of a candidate, elected
14officer, or committee.
15(b) (1) Campaign funds shall not be used to pay for or reimburse
16the cost of professional services unless the services are directly
17related to a political, legislative, or governmental purpose.
18(2) Expenditures by a committee to pay for professional services
19reasonably required by the committee to assist it in the performance
20of its administrative functions are directly related to a political,
21legislative, or governmental purpose.
22(3) Campaign funds shall not be used to pay health-related
23expenses for a candidate, elected officer, or any individual or
24individuals with authority to approve the expenditure of campaign
25funds held by a committee, or members of his or her household.
26“Health-related expenses” includes, but is not limited to,
27examinations by physicians, dentists, psychiatrists, psychologists,
28or begin deletecounselors,end deletebegin insert counselors;end insert expenses for medications,begin delete treatmentsend delete
29begin insert treatments,end insert or medicalbegin delete equipment,end deletebegin insert
equipment;end insert and expenses for
30begin delete hospitalization, health club dues,end deletebegin insert
hospitalizationend insert and special dietary
31foods. However, campaign funds may be used to pay employer
32costs of health care benefits of a bona fide employee or independent
33contractor of the committee.
34(4) Campaign funds shall not be used to make a payment for
35membership dues for a country club, health club, or other
36recreational facility.
37(5) Campaign funds shall not be used to make tuition payments,
38unless the payments are directly related to a political, legislative,
39or governmental purpose.
P10 1(c) begin insert(1)end insertbegin insert end insert Campaign funds shall not be used to pay or reimburse
2fines, penalties, judgments, or settlements, except those resulting
3from either of the following:
4(1)
end delete
5begin insert(A)end insert Parking citations incurred in the performance of an activity
6that was directly related to a political, legislative, or governmental
7purpose.
8(2)
end delete
9begin insert(B)end insert Any other action for which payment of attorney’s fees from
10contributions would be permitted pursuant to this title.
11(2) Campaign funds shall not be used to pay a restitution fine
12imposed under Section 86 of the Penal Code.
13(d) Campaign funds shall not be usedbegin delete for campaign, business, begin insert to purchase clothingend insert to be worn by
14or casual clothing except specialty clothing that is not suitable for
15everyday use, including, but not limited to, formal wear, if this
16attire isend deletebegin delete theend deletebegin insert
aend insert candidate or
17electedbegin delete officer and is directly related to a political, legislative, or begin insert
officerend insert.
18governmental purposeend delete
19(e) (1) Except where otherwise prohibited by law, campaign
20funds may be used to purchase or reimburse for the costs of
21purchase of tickets to political fundraising events for the attendance
22of a candidate, elected officer, or his or her immediate family, or
23an officer, director, employee, or staff of the committee or the
24elected officer’s governmental agency.
25(2) Campaign funds shall not be used to pay for or reimburse
26for the costs of tickets for entertainment or sporting events for the
27candidate, elected officer, or members of his or her immediate
28family, or an officer, director, employee, or staff of the committee,
29unless their attendance at the event is directly related to a political,
30legislative, or governmental purpose.
31(3) The purchase
of tickets for entertainment or sporting events
32for the benefit of persons other than the candidate, elected officer,
33or his or her immediate family are governed by subdivision (f).
34(f) (1) Campaign funds shall not be used to makebegin delete personal gifts end delete
35begin insert a gift to a spouse, child, sibling, or parent of a candidate, elected
36officer, or other individual with authority to approve the
37expenditure of campaign funds held by a committee, except for a
38gift of nominal value that is substantially similar to a gift made to
39other persons and that is directly related to a political, legislative,
40or governmental purpose. Campaign funds shall not be used to
P11 1make personal gifts to any other person not described in this
2paragraph end insertunless the gift is directly
related to a political,
3legislative, or governmental purpose. The refund of a campaign
4contribution does not constitute the making of a gift.
5(2) begin deleteNothing in this section shall end deletebegin insertThis section does not end insertprohibit
6the use of campaign funds to reimburse or otherwise compensate
7a public employee for services rendered to a candidate or
8committee while on vacation, leave, or otherwise outside of
9compensated public time.
10(3) An election victory celebration or similar campaign event,
11or gifts with a total cumulative value of less than two hundred fifty
12dollars ($250) in a single year made to an individual employee, a
13committee worker, or an employee of the elected officer’s agency,
14are considered to be
directly related to a political, legislative, or
15governmental purpose. For purposes of this paragraph, a gift to a
16member of a person’s immediate family shall be deemed to be a
17gift to that person.
18(g) Campaign funds shall not be used to make loans other than
19to organizations pursuant to Section 89515, or, unless otherwise
20prohibited, to a candidate for elective office, political party, or
21committee.
begin insertSection 89513 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert
This section governs the use of campaign funds for the
25specific expenditures set forth in this section. It is the intent of the
26Legislature that this sectionbegin delete shallend delete guide the interpretation of the
27standard imposed by Section 89512 as applied to other expenditures
28not specifically set forth in this section.
29(a) (1) Campaign funds shall not be used to pay or reimburse
30begin delete theend deletebegin insert aend insert candidate,begin delete theend delete
elected officer, or any individual or individuals
31with authority to approve the expenditure of campaign funds held
32by a committee, or employees or staff of the committee or the
33elected officer’s governmentalbegin delete agencyend deletebegin insert agency,end insert for travel expenses
34and necessarybegin delete accommodationsend deletebegin insert accommodations,end insert except when
35these expenditures are directly related to a political, legislative, or
36governmental purpose.
37(2) Forbegin delete theend delete
purposes of this section, payments or reimbursements
38for travel and necessary accommodations shall be considered as
39directly related to a political, legislative, or governmental purpose
40if the payments would meet standards similar to the standards of
P12 1the Internal Revenue Service pursuant to Sections 162 and 274 of
2the Internal Revenue Code for deductions of travel expenses under
3the federal income tax law.
4(3) Forbegin delete theend delete purposes of this section, payments or reimbursement
5for travel by the household of a candidate or elected officer when
6traveling to the same destination in order to accompany the
7candidate or elected officer shall be considered for the same
8purpose as the candidate’s or elected officer’s travel.
9(4) begin deleteWhenever end deletebegin insertIf
end insertcampaign funds are used to pay or reimburse
10a candidate, elected officer, his or her representative, or a member
11of the candidate’s household for travel expenses and necessary
12accommodations, the expenditure shall be reported as required by
13Section 84211.
14(5) begin deleteWhenever end deletebegin insertIf end insertcampaign funds are used to pay or reimburse
15for travel expenses and necessary accommodations, any mileage
16credit that is earned or awarded pursuant to an airline bonus
17mileage program shall be deemed personally earned by or awarded
18to the individual traveler. Neither the earning or awarding of
19mileage credit, nor the redeeming of credit for actual travel, shall
20be subject to reporting pursuant to Section 84211.
21(6) Campaign funds shall not be used to make a payment for a
22personal vacation for a candidate; elected officer; immediate
23family member of a candidate or elected officer; or an officer,
24director, employee, or member of the staff of a candidate, elected
25officer, or committee.
26(b) (1) Campaign funds shall not be used to pay for or reimburse
27the cost of professional services unless the services are directly
28related to a political, legislative, or governmental purpose.
29(2) Expenditures by a committee to pay for professional services
30reasonably required by the committee to assist it in the performance
31of its administrative functions are directly related to a political,
32legislative, or governmental purpose.
33(3) Campaign funds shall not be used to pay health-related
34expenses for a candidate, elected officer, or any individual or
35individuals with authority to approve the expenditure of campaign
36funds held by a committee, or members of his or her household.
37“Health-related expenses” includes, but is not limited to,
38examinations by physicians, dentists, psychiatrists, psychologists,
39orbegin delete counselors,end deletebegin insert counselors;end insert expenses for medications,begin delete treatmentsend delete
40begin insert treatments,end insert or medicalbegin delete equipment,end deletebegin insert
equipment;end insert and expenses for
P13 1begin delete hospitalization, health club dues,end deletebegin insert
hospitalizationend insert and special dietary
2foods. However, campaign funds may be used to pay employer
3costs of health care benefits of a bona fide employee or independent
4contractor of the committee.
5(4) Campaign funds shall not be used to make a payment for
6membership dues for a country club, health club, or other
7recreational facility.
8(5) Campaign funds shall not be used to make tuition payments,
9unless the payments are directly related to a political, legislative,
10or governmental purpose.
11(c) begin insert(1)end insertbegin insert end insert Campaign funds shall not be used to pay or reimburse
12fines, penalties, judgments, or settlements, except those resulting
13from either of the following:
14(1)
end delete
15begin insert(A)end insert Parking citations incurred in the performance of an activity
16that was directly related to a political, legislative, or governmental
17purpose.
18(2)
end delete
19begin insert(B)end insert Any other action for which payment of attorney’s fees from
20contributions would be permitted pursuant to this title.begin insert
Howeverend insertbegin insert,
21campaign funds shall not be used to pay a fine, penalty, judgment,
22or settlement relating to an expenditure of campaign funds that
23resulted in either of the following:end insert
24(i) A personal benefit to the candidate or officer if it is
25determined that the expenditure was not reasonably related to a
26political, legislative, or governmental purpose.
27(ii) A substantial personal benefit to the candidate or officer if
28it is determined that the expenditure was not directly related to a
29political, legislative, or governmental purpose.
30(2) Campaign funds shall not be used to pay a restitution fine
31imposed under Section 86 of the Penal Code.
32(d) Campaign funds shall not be usedbegin delete for campaign, business, begin insert to purchase clothingend insert to be worn by
33or casual clothing except specialty clothing that is not suitable for
34everyday use, including, but not limited to, formal wear, if this
35attire isend deletebegin delete theend deletebegin insert aend insert candidate or
36electedbegin delete officer and is directly related to a political, legislative, or begin insert
officerend insert.
37governmental purposeend delete
38(e) (1) Except where otherwise prohibited by law, campaign
39funds may be used to purchase or reimburse for the costs of
40purchase of tickets to political fundraising events for the attendance
P14 1of a candidate, elected officer, or his or her immediate family, or
2an officer, director, employee, or staff of the committee or the
3elected officer’s governmental agency.
4(2) Campaign funds shall not be used to pay for or reimburse
5for the costs of tickets for entertainment or sporting events for the
6candidate, elected officer, or members of his or her immediate
7family, or an officer, director, employee, or staff of the committee,
8unless their attendance at the event is directly related to a political,
9legislative, or governmental purpose.
10(3) The purchase
of tickets for entertainment or sporting events
11for the benefit of persons other than the candidate, elected officer,
12or his or her immediate family are governed by subdivision (f).
13(f) (1) Campaign funds shall not be used to makebegin delete personal giftsend delete
14begin insert a gift to a spouse, child, sibling, or parent of a candidate, elected
15officer, or other individual with authority to approve the
16expenditure of campaign funds held by a committee, except for a
17gift of nominal value that is substantially similar to a gift made to
18other persons and that is directly related to a political, legislative,
19or governmental purpose. Campaign funds shall not be used to
20make personal gifts to any other person not described in this
21paragraphend insert unless the gift is directly
related to a political,
22legislative, or governmental purpose. The refund of a campaign
23contribution does not constitute the making of a gift.
24(2) begin deleteNothing in this section shall end deletebegin insertThis section does not end insertprohibit
25the use of campaign funds to reimburse or otherwise compensate
26a public employee for services rendered to a candidate or
27committee while on vacation, leave, or otherwise outside of
28compensated public time.
29(3) An election victory celebration or similar campaign event,
30or gifts with a total cumulative value of less than two hundred fifty
31dollars ($250) in a single year made to an individual employee, a
32committee worker, or an employee of the elected officer’s agency,
33are considered to be
directly related to a political, legislative, or
34governmental purpose. For purposes of this paragraph, a gift to a
35member of a person’s immediate family shall be deemed to be a
36gift to that person.
37(g) Campaign funds shall not be used to make loans other than
38to organizations pursuant to Section 89515, or, unless otherwise
39prohibited, to a candidate for elective office, political party, or
40committee.
Section 86 of the Penal Code is amended to read:
Every Member of either house of the Legislature, or any
3member of the legislative body of a city, county, city and county,
4school district, or other special district, who asks, receives, or
5agrees to receive, any bribe, upon any understanding that his or
6her official vote, opinion, judgment, or action shall be influenced
7thereby, or shall give, in any particular manner, or upon any
8particular side of any question or matter upon which he or she may
9be required to act in his or her official capacity, or gives, or offers
10or promises to give, any official vote in consideration that another
11Member of the Legislature, or another member of the legislative
12body of a city, county, city and county, school district, or other
13special district
shall give this vote either upon the same or another
14question, is punishable by imprisonment in the state prison for
15two, three, or four years and, in cases in which no bribe has been
16actually received, by a restitution fine of not less than four thousand
17dollars ($4,000) or not more than twenty thousand dollars ($20,000)
18or, in cases in which a bribe was actually received, by a restitution
19fine of at least the actual amount of the bribe received or four
20thousand dollars ($4,000), whichever is greater, or any larger
21amount of not more than double the amount of any bribe received
22or twenty thousand dollars ($20,000), whichever is greater.
23In imposing a fine under this section, the court shall consider
24the defendant’s ability to pay the fine.
(a) Section 1.1 of this bill incorporates amendments
26to Section 89513 of the Government Code proposed by both this
27bill and Assembly Bill 1692. It shall only become operative if (1)
28both bills are enacted and become effective on or before January
291, 2015, (2) each bill amends Section 89513 of the Government
30Code, (3) Senate Bill 831 is not enacted or as enacted does not
31amend Section 89513 of the Government Code, and (4) this bill is
32enacted after Assembly Bill 1692, in which case Sections 1, 1.2,
33and 1.3 of this bill shall not become operative.
34(b) Section 1.2 of this bill incorporates amendments to Section
3589513 of the Government Code proposed by both this bill and
36Senate Bill 831. It shall only become operative if (1) both bills are
37enacted and become effective on or before January 1, 2015, (2)
38each bill amends Section 89513 of the Government Code, (3)
39Assembly Bill 1692 is not enacted or as enacted does not amend
40Section 89513 of the Government Code, and (4) this bill is enacted
P16 1after Senate Bill 831, in which case Sections 1, 1.1, and 1.3 of this
2bill shall not become operative.
3(c) Section 1.3 of this bill incorporates amendments to Section
489513 of the Government Code proposed by this bill, Assembly
5Bill 1692, and Senate Bill 831. It shall only become operative if
6(1) all three bills are enacted and become effective on or before
7January 1, 2015, (2) all three bills amend Section 89513 of the
8Government Code, and (3)
this bill is enacted after Assembly Bill
91692 and Senate Bill 831, in which case Sections 1, 1.1, and 1.2
10of this bill shall not become operative.
No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.
The Legislature finds and declares that this bill furthers
23the purposes of the Political Reform Act of 1974 within the
24meaning of subdivision (a) of Section 81012 of the Government
25Code.
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