SB 1107,
as amended, Allen. Political Reform Act ofbegin delete 1974: public moneys: definition.end deletebegin insert 1974.end insert
Existing law prohibits a person who has been convicted of a felony involving bribery, embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes, from being considered a candidate for, or elected to, a state or local elective office.begin delete Exitingend deletebegin insert Existingend insert law, the Political Reform Act of 1974, provides that campaign funds under the control of a former candidate or elected officer are considered surplus campaign funds at a prescribed time, and it prohibits the use of surplus campaign funds except for specified purposes.
This bill would prohibit an officeholder who is convicted of one of those
enumerated felonies from using funds held by that officeholder’s candidate controlled committee for purposes other than certain purposes permitted for the use of surplus campaign funds. The bill would also require the officeholder to forfeit any remaining funds heldbegin delete sixend deletebegin insert 6end insert months after the conviction became final, and it would direct those funds to be deposited in thebegin delete general fund.end deletebegin insert General Fund.end insert
The Political Reform Act of 1974 prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office.
This bill would permit a public officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity established a dedicated fund for this purpose, as specified.
The act prohibits a foreign government or principal, as defined, from making a contribution or expenditure in connection with a state or local ballot measure, and it also sets forth civil and criminal penalties for violations of the act’s provisions.
This bill would expand the scope of the prohibitions relating to foreign governments and principals by also prohibiting a foreign government or principal from making a contribution in support of, or opposition to, a state or local candidate. It would also permit a greater criminal penalty to be imposed for a violation of that prohibition, and it would establish the amount of a civil penalty for a violation of the prohibition.
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 act may be amended by a statute that becomes effective upon approval of the voters.
This bill would require the Secretary of State to submit the bill to the voters for approval atbegin delete a statewide election, as specified.end deletebegin insert
the November 6, 2018, statewide general election.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 85300 of the Government Code is
2amended to read:
(a) Except as provided in subdivision (b), a public
2officer shall not expend, and a candidate shall not accept, any
3public moneys for the purpose of seeking elective office.
4(b) A public officer or candidate may expend or accept public
5moneys for the purpose of seeking elective office if the state or a
6local governmental entity establishes a dedicated fund for this
7purposebegin insert by statute, ordinance, resolution, or charter,end insert and both of
8the following are true:
9(1) Public moneys held in the fund are
available to all qualified,
10voluntarily participating candidates for the same office without
11regard to incumbency or political party preference.
12(2) The state or local governmental entity has established criteria
13for determining a candidate’s qualification by statute, ordinance,
14resolution, or charter.
Section 85320 of the Government Code is amended
16to read:
(a) A foreign government or foreign principal shall
18not make, directly or through any other person, any contribution,
19expenditure, or independent expenditure in connection with the
20qualification or support of, or opposition to, a state or local
21
candidate or ballot measure.
22(b) A person or a committee shall not solicit or accept a
23contribution from a foreign government or foreign principal in
24connection with the qualification or support of, or opposition to,
25
a state or local candidate or ballot measure.
26(c) For the purposes of this section, a “foreign principal”
27includes the following:
28(1) A foreign political party.
29(2) A person outside the United States, unless either of the
30following is established:
31(A) The person is an individual and a citizen of the United
32States.
33(B) The person is not an individual and is organized under or
34created by the laws of the United States or of any state or other
35place subject to the jurisdiction of the United States and has its
36principal place of business within the United States.
37(3) A partnership, association, corporation, organization, or
38other combination of persons organized under the laws of or having
39its principal place of business in a foreign country.
P4 1(4) A domestic subsidiary of a foreign corporation if the decision
2to contribute or expend funds is made by an officer, director, or
3management employee of the foreign corporation who is neither
4a citizen of the United States nor a lawfully admitted permanent
5resident of the United States.
6(d) This section does not prohibit a contribution, expenditure,
7or independent expenditure made by a lawfully admitted permanent
8resident.
9(e) A person who violates this section is guilty of a
misdemeanor
10and shall be fined the greater of ten thousand dollars ($10,000) or
11an amount equal to the amount contributed or expended.
Section 89519.5 is added to the Government Code, to
13read:
(a) An officeholder who is convicted of a felony
15enumerated in Section 20 of the Elections Code, and whose
16conviction has become final, shall use funds held by the
17officeholder’s candidate controlled committee only for the
18following purposes:
19(1) The payment of outstanding campaign debts or elected
20officer’s expenses.
21(2) The repayment of contributions.
22(b) Six months after the conviction becomes final, the
23officeholder shall forfeit any remaining funds subject to subdivision
24(a), and these funds shall be deposited in thebegin delete general fund.end deletebegin insert
General
25Fund.end insert
26(c) This section does not apply to funds held by a ballot measure
27committee or in a legal defense fund formed pursuant to Section
2885304.
Section 91004.5 is added to the Government Code, to
30read:
(a) A person who intentionally violates Section 85320
32is liable in a civil action brought by the civil prosecutor, for each
33violation, for the greater of ten thousand dollars ($10,000) or an
34amount equal to the amount contributed or expended.
35(b) The civil prosecutor may not bring an action pursuant to this
36section against a person being criminally prosecuted for a violation
37of Section 85320 pursuant to Section 91000.
38(c) This section is applicable only to violations occurring after
39the effective date of this section.
The provisions of this bill are severable. If any
2provision of this bill or its application is held invalid, that invalidity
3shall not affect other provisions or applications that can be given
4effect without the invalid provision or application.
No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the duties imposed on a local agency or school district by this act
8were expressly included in a ballot measure approved by the voters
9in a statewide election, within the meaning of Section 17556 of
10the Government Code.
begin deleteThe end deletebegin insertNotwithstanding Section 9040 of the Elections
12Code, the end insertSecretary of State shall, pursuant to subdivision (b) of
13Section 81012 of the Government Code, submit this act to the
14voters for approval atbegin delete a statewide election in accordance begin insert the November 6, 2018,
15withSection 9040 of the Elections Code.end delete
16statewide general election.end insert
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