BILL NUMBER: SB 1443 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2014
INTRODUCED BY Senators De León, Corbett, Hill, Lara, Monning, Roth,
Steinberg, and Torres
FEBRUARY 21, 2014
An act to amend Sections 86203 and 89503 of the Government
Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1443, as amended, De León. Political Reform Act of 1974 :
gift limitations .
The Political Reform Act of 1974 provides for the comprehensive
regulation of campaign financing, including requiring the
reporting of campaign contributions and expenditures and imposing
other reporting and recordkeeping requirements on campaign committees
the lobbying industry and imposes various
restrictions on public officials for the purpose of avoiding
conflicts of interests . The act prohibits a lobbyist or
lobbying firm from making gifts to any person aggregating more than
$10 in a calendar month and prohibits an elected state officer,
elected officer of a local government agency, or other
designated individual from accepting gifts from any single
source in any calendar year with a total value of more than $250.
Existing law requires the Fair Political Practices Commission to
adjust the gift limitation amount on January 1 of each odd-numbered
year to reflect changes in the Consumer Price Index. The act
also imposes administrative, civil, and criminal fines and penalties
for violations of its provisions.
This bill would prohibit a lobbyist or lobbying firm from making a
gift of any amount. The bill would prohibit an elected state
officer, elected officer of a local government agency, or other
designated individual from accepting gifts from a single source in a
calendar year with a total value of more than $200 and would
authorize the Fair Political Practices Commission to increase the
gift limitation amount each odd-numbered year based upon changes in
the Consumer Price Index. The bill would further prohibit a candidate
for elective state office, elected state officer, or legislative
official from receiving a gift of tickets to specified venues and
events or a gift comprised of specified recreational activities. By
creating additional crimes, the 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.
This bill would declare the intent of the Legislature to enact
legislation that would review and make changes to the act.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 86203 of the
Government Code is amended to read:
86203. It shall be unlawful for a A
lobbyist , or lobbying firm , to
shall not make gifts to one
any person aggregating more than ten dollars
($10) in a calendar month, or to , act as an
agent or intermediary in the making of any a
gift, or to arrange for the making of
any a gift by any other
another person.
SEC. 2. Section 89503 of the Government
Code is amended to read:
89503. (a) No An elected state
officer, elected officer of a local government agency, or other
individual specified in Section 87200 shall not accept
gifts from any a single source in
any a calendar year with a total value
of more than two hundred fifty dollars
($250) ($200) .
(b) (1) No A candidate for elective
state office, for judicial office, or for elective office in a local
government agency shall not accept gifts from any
a single source in any
a calendar year with a total value of more than two hundred
fifty dollars ($250)
($200) . A person shall be deemed 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 shall not be deemed 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 is earlier.
(2) Paragraph (1) shall does not
apply to any a person who is a candidate
, as described in paragraph (1) , for judicial
office on or before December 31, 1996.
(c) No A member of a state board or
commission or designated employee of a state or local government
agency shall not accept gifts from any
a single source in any a
calendar year with a total value of more than two hundred
fifty dollars ($250) ($200)
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 does not
apply to a person in his or her capacity as judge. This section
shall does not apply to a person in his
or her capacity as a part-time member of the governing board of
any a public institution of higher
education , unless that position is an elective office.
(e) This section shall does not
prohibit or limit any of 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 commission 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).
(f) On January 1 of each odd-numbered year, beginning on January
1, 2015, the Commission may, at its discretion, increase the gift
limitation amount specified in subdivisions (a), (b), and (c). The
Commission shall not increase the gift limitation amount more than
once in an odd-numbered year or by an amount that exceeds changes
reflected in the Consumer Price Index.
(g) (1) In addition to the gift limitation amount set forth in
this section, a candidate for elective state office, an elected state
officer, or a legislative official shall not accept a gift of
tickets or the equivalent of tickets to any of the following events
or venues:
(A) A professional concert or other professional entertainment
event.
(B) A professional sporting event.
(C) An amateur sporting event for which the value of the ticket
received exceeds fifty dollars ($50).
(D) A racetrack event.
(E) A theme park, amusement park, or other similar venue.
(F) An amateur theater, concert, or other entertainment event for
which the value of the ticket received exceeds fifty dollars ($50).
(2) For purposes of this subdivision, "professional" means an
event with performers who are compensated for the event or who engage
in the performance activity as their vocation.
(h) In addition to the gift limitation
amount set forth in this section, a candidate for elective state
office, an elected state officer, or a legislative official shall not
accept a gift of any of the following:
(1) Golfing green fees, complimentary golf course access, or the
equivalent.
(2) Skiing, hunting, or fishing trips or other recreational
outings.
(3) Spa treatments, spa access fees, or other equivalent
complimentary beauty or cosmetic services.
(4) Cash, gift cards, or cash equivalents.
(g)
(i) The limitations in this section are in addition to
the limitations on gifts in Section 86203.
SEC. 3. 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. 4. 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.
SECTION 1. It is the intent of the Legislature
to enact legislation that would review and make changes to the
Political Reform Act of 1974.