BILL NUMBER: SB 1402 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 4, 2014
AMENDED IN SENATE APRIL 10, 2014
INTRODUCED BY Senator De León
FEBRUARY 21, 2014
An act to amend Section 84307.5 of the Government Code,
relating to the Political Reform Act of 1974 submit an
advisory question to the voters relating to im migration
reform, calling an election, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 1402, as amended, De León. Political Reform Act of
1974: campaign funds. Immigration reform: advisory
election .
This bill would call a special election to be consolidated with
the November 4, 2014, statewide general election. The bill would
require the Secretary of State to submit to the voters at the
November 4, 2014, consolidated election an advisory question asking
whether the Congress of the United States should immediately reform
our immigration laws and pass comprehensive immigration reform that
includes a path to citizenship for immigrants meeting certain
requirements, as specified, and whether the President of the United
States should halt deportations of parents whose children were born
in the United States until that new immigration law is passed. The
bill would require the Secretary of State to communicate the results
of this election to the Congress of the United States.
This bill would declare that it is to take effect immediately as
an act calling an election.
Existing provisions of the Political Reform Act of 1974 prohibit a
spouse or domestic partner of an elected officer or a candidate for
elective office from receiving compensation from campaign funds held
by a controlled committee of the officer or candidate for services
rendered in connection with fundraising, as specified.
This bill would instead prohibit a spouse or domestic partner of
an elected officer or a candidate for elective office from receiving
compensation, in exchange for any services rendered, from campaign
funds held by a controlled committee of the officer or candidate.
A violation of the act's provisions is punishable as a
misdemeanor. By expanding the scope of an existing crime, this bill
would impose 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 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) The United States of America was founded on principles of
freedom and opportunity, and on the tenet that all men and women are
created equal.
(b) The nation's history has been indelibly shaped by waves of
immigration.
(c) The current immigration system in the United States is
antiquated, riddled with inefficiencies, and incapable of meeting the
challenges of the 21st century and our changing economy.
(d) Immigrants are a major engine for the state's economic growth.
Approximately 1 in 10 workers in California is an undocumented
immigrant, totaling 1.85 million workers. Immigrants are vital for
California's industries, including technology, agriculture,
hospitality, and services.
(e) The undocumented immigrant population in the United States is
currently 11.7 million and is expected to continue growing in the
absence of immigration and regulatory reform.
(f) Almost one-quarter (23 percent) of the nation's undocumented
immigrants reside in California.
(g) Thousands of families have been separated because of the
enforcement of immigration laws that do not recognize the
complexities of mixed-status families. Each year, more than 350,000
immigrants face deportation proceedings.
(h) Nearly one-half of undocumented immigrants in the United
States are parents of minor children, and 77 percent of these
children are United States citizens.
(i) Since 1998, about 600,000 children who are United States
citizens have had a parent detained or deported. Currently, there are
at least 5,100 children in the child welfare system because their
parents are under immigration custody or have been deported. This
number is expected to rise to 15,000 in the next five years.
SEC. 2. A special election is hereby called to be
held throughout the state on November 4, 2014. The special election
shall be consolidated with the statewide general election to be held
on that date. The consolidated election shall be held and conducted
in all respects as if there were only one election and only one form
of ballot shall be used.
SEC. 3. (a) Notwithstanding
Section 9040 of the Elections Code, the Secretary of State shall
submit the following advisory question to the voters at the November
4, 2014, consolidated election:
"Shall the Congress of the United States reform our immigration
laws and immediately pass comprehensive immigration reform that
includes a path to citizenship to those immigrants who learn English,
pass a background check, and pay back taxes, and shall the President
of the United States halt the deportations of noncriminal mothers
and fathers whose children were born in the United States, which
separate families, until that new immigration law is passed?"
(b) Upon certification of the election, the Secretary of State
shall communicate to the Congress of the United States the results of
the election asking the question set forth in subdivision (a).
(c) The provisions of the Elections Code that apply to the
preparation of ballot measures and ballot materials at a statewide
election apply to the measure submitted pursuant to this section.
SEC. 4. This act calls an election within the
meaning of Article IV of the Constitution and shall go into immediate
effect.
SECTION 1. Section 84307.5 of the Government
Code is amended to read:
84307.5. A spouse or domestic partner of an elected officer or a
candidate for elective office shall not receive, in exchange for
services rendered, compensation from campaign funds held by a
controlled committee of the elected officer or candidate for elective
office.
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.