Amended in Senate April 13, 2016

Senate Bill No. 1467

Introduced by Senator Bates

(Coauthors: Senators Berryhill, Runner, and Stone)

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(Coauthor: Assembly Member Brough)

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February 19, 2016

An act to begin delete amend Section 85305 of, and to add Sections 85301.7 and 85305.1 to, end delete begin insert add Section 84311 to end insert the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 1467, as amended, Bates. Political Reform Act of 1974: begin delete contribution limitations. end delete begin insert campaign prohibitions. end insert

Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions. The act imposes begin delete a contribution limit of $3,000 on contributions made to, and received by, candidates for elective state offices that are not statewide elective offices. end delete begin insert various prohibitions relating to the expenditure of campaign funds. end insert The act begin delete does not limit the amount of contributions that a person may make to end delete begin insert prohibits end insert a committee that is primarily formed to support or oppose one or more ballot begin delete measures. The act prohibits a candidate for elective state office or a committee controlled by that candidate from making a contribution to another candidate for elective state office in excess of the contribution limit for elective state offices. end delete begin insert measures from sending a slate mailer unless it complies with specified requirements. end insert

This bill would prohibit a begin delete person from making to a end delete committee controlled by a candidate for elective office that is primarily formed to support or oppose one or more ballot begin delete measures, and prohibit such a committee from receiving, a contribution in excess of the contribution limit for elective state offices, as specified. The bill would prohibit a candidate for any elective office, or the candidate’s controlled committees, from making a contribution to another candidate for elective office or a committee controlled by a candidate that is primarily formed to support or oppose one or more ballot measures in excess of the contribution limit established for candidates for elective state office. end delete begin insert measures from expending campaign funds on an advertisement featuring the controlling candidate or another officeholder or candidate, as specified. end insert

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This bill would prohibit a committee controlled by a candidate for elective office that is primarily formed to support or oppose one or more ballot measures from expending campaign funds to make a contribution or other transfer of campaign funds to a committee for a purpose other than supporting or opposing a ballot measure that the controlled committee was primarily formed to support or oppose.

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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. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

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begin insert SECTION 1. end insert   

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begin insert Section 84311 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

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begin insert 84311. end insert   

(a) For purposes of this section:

(1) “Advertisement” has the same meaning as provided in
Section 84501.

(2) “Featuring” a candidate or officeholder means using any
of the following belonging to the candidate or otherwise singling
out the candidate or officeholder:

(A) Name.

(B) Signature.

(C) Title.

(D) Voice.

(E) Image.

(b) A committee controlled by a candidate for elective office
that is primarily formed to support or oppose one or more ballot
measures shall not expend campaign funds on an advertisement
featuring either of the following:

(1) The controlling candidate.

(2) Another officeholder or candidate.

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SECTION 1.  

Section 85301.7 is added to the Government
Code, to read:

85301.7.  

For each period between statewide general elections,
as defined in Section 1200 of the Elections Code, a person shall
not make to a committee controlled by a candidate for elective
office that is primarily formed to support or oppose one or more
ballot measures, and such a committee shall not accept from a
person, a contribution in excess of the contribution limit established
pursuant to subdivision (a) of Section 85301, as adjusted by the
Commission pursuant to Section 83124. The contribution limit
described in this section shall be the aggregate amount of
contributions that a candidate may accept per contributor for his
or her controlled committees that are primarily formed to support
or oppose one or more ballot measures, regardless of the number
of such committees controlled by that candidate.

SEC. 2.  

Section 85305 of the Government Code is amended
to read:

85305.  

A candidate for elective state office or committee
controlled by that candidate shall not make a contribution to
another candidate for elective state officeor to a committee
controlled by another candidate for elective office that is primarily
formed to support or oppose one or more ballot measures in excess
of the limits set forth in subdivision (a) of Section 85301, as
adjusted pursuant to Section 83124.

SEC. 3.  

Section 85305.1 is added to the Government Code, to
read:

85305.1.  

Notwithstanding any other provision of this title or
Section 18680 of the Elections Code, a committee controlled by
a candidate for elective office that is primarily formed to support
or oppose one or more ballot measures shall not expend campaign
funds to make a contribution or other transfer of campaign funds
to a committee for a purpose other than supporting or opposing a
ballot measure that the controlled committee was primarily formed
to support or oppose.

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begin insert SEC. 2. end insert   

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The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

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begin delete SEC. 4. end delete

begin insert SEC. 3. end insert   

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.

begin delete SEC. 5. end delete

begin insert SEC. 4. end insert   

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.