BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SR 44| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SR 44 Author: De León (D) and Steinberg (D) Amended: As introduced Vote: 21 SENATE RULES COMMITTEE : 4-0, 5/21/14 AYES: Steinberg, Fuller, Lara, Mitchell NO VOTE RECORDED: Knight SUBJECT : Standing Rules of the Senate: 2013-14 Regular Session SOURCE : Author DIGEST : This resolution adds an additional rule (Standing Rule 56) 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 : This resolution seeks 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. This resolution prohibits, commencing August 1, 2014, a Member CONTINUED SR 44 Page 2 of the Senate from soliciting or accepting a contribution from a lobbyist employer during any of the following periods: The period from the date on which the Director of the Department 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 1 of the same year, inclusive. 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, inclusive. In each even-numbered year, the period from August 1 to August 31, inclusive. This resolution creates a disciplinary action against a Member of the Senate who is found in violation of Standing Rule 56 which may include, but is not limited to, reprimand, censure, suspension, or expulsion. Background In 1974, voters overwhelmingly passed Proposition 9, giving birth to the Political Reform Act (PRA) and a new, independent agency to administer, interpret and enforce its provisions. The PRA 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 PRA is designed to assure that, among other things: 1. Public officials perform their duties impartially, without bias because of personal financial interests or the interests of financial supporters. 2. 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 CONTINUED SR 44 Page 3 interest. 3. 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 (FPPC) was created by the PRA to regulate, among other things, campaign financing and spending and financial conflicts of interest. Existing 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 sensibly, impartially, interpret and enforce the laws governing the influence of money on the conduct of public officials". This resolution 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. Comments 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 this resolution 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. FISCAL EFFECT : Fiscal Com.: No MW:k 5/22/14 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED CONTINUED SR 44 Page 4 **** END **** CONTINUED