BILL ANALYSIS Ó
SENATE RULES COMMITTEE
Senator Darrell Steinberg, Chair
2013-2014 Regular Session
BILL NO: SR 44
AUTHOR: De Leon
HEARING: May 21, 2014
VERSION: As Introduced
FISCAL: N/A
URGENCY: N/A
CONSULTANT: Sandy Wood
BILL SUMMARY: Senate Resolution 44 adds an additional rule to
the Standing Rules of the Senate for the 2013-14 Regular
Session prohibiting Members of the Senate from soliciting or
accepting campaign contributions from lobbyist employers for
the period immediately preceding the passage of the state
budget and the period immediately preceding the end of the
legislative session each year.
ANALYSIS: The intent of this resolution is to strengthen
public confidence in the Legislature and ensure that Members of
the Senate are focused exclusively on legislative business at
these crucial times in the legislative calendar, while
preserving the ability of the Members to conduct effective
campaigns by raising campaign funds at more appropriate times
of the year.
Commencing August 1, 2014, a Member of the Senate shall not
solicit or accept a contribution from a lobbyist employer
during any of the following periods:
The period from the date on which the Director of
Finance provides the Legislature a revised estimate of
General Fund revenues, proposals to reduce expenditures
based on that revision, and proposed adjustments to the
Governor's Budget for the fiscal year commencing on July
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1 of the same year.
In each odd-numbered year, the period from the date
30 days preceding the date the Legislature is scheduled
to adjourn for a joint recess to reconvene in the second
calendar year of the biennium of the legislative session
to the date that adjournment occurs.
In each even-numbered year, the period from August 1
to August 31.
Senate Resolution 44 creates a disciplinary action against a
Member of the Senate who is found in violation of this Rule
which may include, but is not limited to, reprimand, censure,
suspension or expulsion.
COMMENTS: In 1974 voters overwhelmingly passed Proposition 9,
giving birth to the Political Reform Act and a new, independent
agency to administer, interpret and enforce its provisions.
The Act governs disclosure of political campaign contributions
and spending by candidates and ballot measure committees. It
also sets ethics rules for state and local government officials
that impose strict limits on decisions or votes that affect the
official's financial interests.
The Political Reform Act is designed to assure that, among
other things:
Public officials perform their duties impartially,
without bias because of personal financial interests or
the interests of financial supporters.
Public officials disclose income and assets that could
be affected by official actions and disqualify themselves
from participating in decisions when they have conflicts
of interest.
Receipts and expenditures of election campaigns are
fully and truthfully disclosed so voters are informed and
improper practices are inhibited.
The Fair Political Practices Commission was created by the
Political Reform Act of 1974 to regulate, among other things,
campaign financing and spending and financial conflicts of
interest. Current law does not stipulate a blackout period in
which members of the legislature can solicit or receive
campaign contributions. The Vision Statement of the FPPC is
"to be the government agency trusted by the Electorate to
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sensibly, impartially, interpret and enforce the laws governing
the influence of money on the conduct of public officials".
SR 44 adds an additional layer of limits to the Standing Rules
of the Senate, applicable to all Members of the California
Senate, in an effort to affirm the public's confidence in this
elected legislative body.
According to the author, the Florida State Supreme Court's
ruling in State v. Dodd (1990) stated that a violation of the
First Amendment could be averted if "Legislators themselves
restricted their own access to campaign contributions during a
legislative session?"
The author contends SR 44 meets this standard by only impacting
the most crucial periods of the legislative calendar, and
narrowly applies to the solicitation and acceptance of
contributions from lobbyist employers during the most critical
times of the year when a Member of the Senate should be solely
focused on legislative business.
The committee may wish to consider specifying in the Senate
Resolution the process and procedures by which the reprimand,
censure, suspension or expulsion will be determined and
administered.
SUPPORT: None received.
OPPOSE: None received.