BILL NUMBER: AB 2078	CHAPTERED  09/29/00

	CHAPTER   840
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 12, 2000
	AMENDED IN ASSEMBLY   MAY 15, 2000

INTRODUCED BY   Assembly Member Granlund

                        FEBRUARY 22, 2000

   An act to add Chapter 9.5 (commencing with Section 54964) to Part
1 of Division 2 of the Government Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2078, Granlund.  Elections:  unlawful expenditures.
   Under existing law, public funds may not be expended to support or
oppose a ballot measure or candidate.
   This bill would specifically provide that an officer, employee, or
consultant of a local agency, as defined, may not expend or
authorize the expenditure of any of the funds of the local agency to
support or oppose the approval or rejection of a ballot measure, or
the election or defeat of a candidate, by the voters.  Membership
dues paid by a local agency to a professional association are not
included as a prohibited expenditure.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 9.5 (commencing with Section 54964) is added to
Part 1 of Division 2 of the Government Code, to read:

      CHAPTER 9.5.  UNLAWFUL EXPENDITURES

   54964.  (a) An officer, employee, or consultant of a local agency
may not expend or authorize the expenditure of any of the funds of
the local agency to support or oppose the approval or rejection of a
ballot measure, or the election or defeat of a candidate, by the
voters.
   (b) As used in this section the following terms have the following
meanings:
   (1) "Ballot measure" means an initiative, referendum, or recall
measure certified to appear on a regular or special election ballot
of the local agency, or other measure submitted to the voters by the
governing body at a regular or special election of the local agency.

   (2) "Candidate" means an individual who has qualified to have his
or her name listed on the ballot, or who has qualified to have
write-in votes on his or her behalf counted by elections officials,
for nomination or election to an elective office at any regular or
special primary or general election of the local agency, and includes
any officeholder who is the subject of a recall election.
   (3) "Expenditure" means a payment of local agency funds that is
used for communications that expressly advocate the approval or
rejection of a clearly identified ballot measure, or the election or
defeat of a clearly identified candidate, by the voters.
"Expenditure" shall not include membership dues paid by the local
agency to a professional association.
   (4) "Local agency" has the same meaning as defined in Section
54951, but does not include a county superintendent of schools, an
elementary, high, or unified school district, or a community college
district.
   (c) This section does not prohibit the expenditure of local agency
funds to provide information to the public about the possible
effects of a ballot measure on the activities, operations, or
policies of the local agency, if both of the following conditions are
met:
   (1) The informational activities are not otherwise prohibited by
the Constitution or laws of this state.
   (2) The information provided constitutes an accurate, fair, and
impartial presentation of relevant facts to aid the voters in
reaching an informed judgment regarding the ballot measure.
   (d) This section does not apply to the political activities of
school officers and employees of a county superintendent of schools,
an elementary, high, or unified school district, or a community
college district that are regulated by Article 2 (commencing with
Section 7050) of Chapter 1 of Part 5 of the Education Code.