BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                         SR 44|
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                                    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  
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          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  

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             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


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