Senate Bill No. 1441

Introduced by Senators Lara, Corbett, De León, Hill, Monning, Roth, Steinberg, and Torres

February 21, 2014

An act to amend Section 89503 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 1441, as introduced, Lara. Political Reform Act of 1974: gifts.

The Political Reform Act of 1974 places limits on the value of gifts that may be received by elected state officers, elected officers of local government agencies, candidates for those offices, members of state board or commissions, and designated employees of state or local government agencies. Under the act, those individuals may not accept gifts from a single source in a calendar year with a total value of more than $250, with specified exceptions. The act directs the Fair Political Practices Commission to adjust this limit biennially to reflect changes in the Consumer Price Index.

This bill would make nonsubstantive changes to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 89503 of the Government Code is
amended to read:

89503.  

(a)  begin delete No end delete begin insert An end insert elected state officer, elected officer of a local
government agency, or other individual specified in Section 87200
shall begin insert not end insert accept gifts from any single source in any calendar year
with a total value of more than two hundred fifty dollars ($250).

(b) (1)  begin delete No end delete begin insert A end insert candidate for elective state office, begin delete for end delete judicial
office, or begin delete for end delete elective office in a local government agency shall
begin insert not end insert accept gifts from any single source in any calendar year with
a total value of more than two hundred fifty dollars ($250). A
person begin delete shall be deemed end delete begin insert is end insert a candidate for purposes of this
subdivision when the person has filed a statement of organization
as a committee for election to a state or local office, a declaration
of intent, or a declaration of candidacy, whichever occurs first. A
person begin delete shall end delete begin insert is end insert not begin delete be deemed end delete a candidate for purposes of this
subdivision after he or she is sworn into the elective office, or, if
the person lost the election, after the person has terminated his or
her campaign statement filing obligations for that office pursuant
to Section 84214 or after certification of the election results,
whichever begin delete is earlier end delete begin insert occurs first end insert .

(2) Paragraph (1) shall not apply to any person who is a
candidate as described in paragraph (1) for judicial office on or
before December 31, 1996.

(c)  begin delete No end delete begin insert A end insert member of a state board or commission or designated
employee of a state or local government agency shall begin insert not end insert accept
gifts from any single source in any calendar year with a total value
of more than two hundred fifty dollars ($250) if the member or
employee would be required to report the receipt of income or
gifts from that source on his or her statement of economic interests.

(d) This section shall not apply to a person in his or her capacity
as begin insert a end insert judge. This section shall not apply to a person in his or her
capacity as a part-time member of the governing board of any
public institution of higher education unless that position is an
elective office.

(e) This section shall not prohibit or limit the following:

(1) Payments, advances, or reimbursements for travel and related
lodging and subsistence permitted by Section 89506.

(2) Wedding gifts and gifts exchanged between individuals on
birthdays, holidays, and other similar occasions, provided that the
gifts exchanged are not substantially disproportionate in value.

(f) Beginning on January 1, 1993, the begin delete commission end delete begin insert Commission end insert
shall adjust the gift limitation in this section on January 1 of each
odd-numbered year to reflect changes in the Consumer Price Index,
rounded to the nearest ten dollars ($10).

(g) The limitations in this section are in addition to the
limitations on gifts in Section 86203.