BILL NUMBER: SB 1101 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2014
AMENDED IN SENATE APRIL 2, 2014
INTRODUCED BY Senator Padilla
FEBRUARY 19, 2014
An act to add Section 85301.5 to the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1101, as amended, Padilla. Political Reform Act of 1974.
Existing law, the Political Reform Act of 1974, places limits on
the amount of campaign contributions that a person may make to a
candidate for elective state office.
This bill would prohibit any campaign contribution to a Member of
the Legislature during the following periods of time: (1) in an
odd-numbered year, on the date the Legislature adjourns the
regular session for a joint recess to reconvene in the
second 2nd calendar year of the biennium of the
legislative regular session, and
during the 7-day period following and the 100-day period preceding
that date, and (2) in an even-numbered year, the period from May 23
to September 7, inclusive. This bill would exempt from these
provisions a contribution made to, or solicited or accepted by, a
Member of the Legislature for purposes of that Member's candidacy for
a local elective office or an elective state office that is to be
voted upon at a special election.
Existing law makes a knowing or willful violation of the Political
Reform Act of 1974 a misdemeanor and subjects offenders to criminal
penalties.
This bill would impose a state-mandated local program by creating
additional crimes.
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 1. Section 85301.5 is added to the Government Code, to
read:
85301.5. A (a)
Except as provided in subdivision (b), a person shall not make
to a Member of the Legislature, and a Member of the Legislature shall
not solicit or accept, a contribution during the following periods:
(a)
(1) In an odd-numbered year, on the date the
Legislature adjourns the regular session for a joint
recess to reconvene in the second calendar year of the biennium of
the legislative regular session, during
the 100-day period preceding that date, and during the seven-day
period following that date.
(b)
(2) In an even-numbered year, the period from May 23 to
September 7, inclusive.
(b) Subdivision (a) does not prohibit either of the following:
(1) A contribution made to, or solicited or accepted by, a Member
of the Legislature for purposes of that Member's candidacy for a
local elective office.
(2) A contribution made to, or solicited or accepted by, a Member
of the Legislature for purposes of that Member's candidacy for an
elective state office that is to be voted upon at a special election.
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.