BILL NUMBER: AB 2842 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2004
AMENDED IN ASSEMBLY APRIL 12, 2004
INTRODUCED BY Assembly Member Leno
FEBRUARY 20, 2004
An act to amend Section 85307 of , and to add Sections
85303.3, 85303.4, and 85303.5 to, the Government Code,
relating to the Political Reform Act of 1974, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2842, as amended, Leno. Political Reform Act of 1974.
(1) The Political Reform Act of 1974
limits the total amount per election that may be contributed by a
person to a candidate for elective state office, and to committees
who make contributions and expenditures in support of the candidate.
Under existing law, Member of the Legislature is an elective state
office. Under existing law, contributions of personal funds by a
candidate to his or her own campaign are excepted from the
contribution limits.
This bill would authorize a legislative candidate to accept
contributions at twice the limit if the total amount of personal
funds contributed by an opposing candidate to his or her own campaign
exceeds the total amount of personal funds contributed by a
candidate to his or her own campaign by more than $300,000, but less
than $600,000. The bill would allow contributions to be accepted at
3 times the limit if the total amount of personal funds contributed
by an opposing candidate to his or her own campaign exceeds the total
amount of personal funds contributed by a candidate to his or her
own campaign by $600,000 or more, but less than $900,000, and would
remove the limits if the total amount of personal funds contributed
by an opposing candidate to his or her own campaign exceeds the total
amount of personal funds contributed by a candidate to his or her
own campaign by $900,000 or more. The bill would prohibit the amount
raised by the candidate under the increased levels from exceeding
the amount of personal funds contributed by the opposing candidate to
his or her own campaign. The bill would require a legislative
candidate that intends to use personal funds for his or her campaign
to file a statement that includes the amount the candidate intends to
spend at the time the candidate files his or her statement of
intention to be a candidate, as specified.
(2) Existing law prohibits a candidate for elective
state office from personally loaning to his or her campaign an amount
that would have an outstanding balance in excess of $100,000.
This bill would state that included in this amount are the
proceeds of a loan obtained by the candidate from a commercial
lending institution. The bill would also prohibit a
candidate for elective state office from contributing personal funds
to his or her controlled committee 30 days prior to an election.
(3) Under existing law, a violation of the
Political Reform Act of 1974 is subject to administrative, civil, and
criminal penalties. This bill would impose a state-mandated local
program by imposing these penalties on persons who violate the
provisions of the bill.
(4) 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.
(5) The Political Reform Act of 1974, an
initiative measure, provides that the Legislature may amend the act
to further the act's purposes with a 2/3 vote of each house and
compliance with specified procedural requirements. This bill, which
would declare that it furthers the purposes of the act, would
therefore require a 2/3 vote.
(6) The bill would declare that it is to take
effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 85303.3 is added to the Government Code, to
read:
85303.3. (a) For each election, if the total amount of personal
funds contributed by an opposing candidate to his or her own campaign
exceeds the total amount of personal funds contributed by a
candidate to his or her own campaign by more than three hundred
thousand dollars ($300,000), but less than six hundred thousand
dollars ($600,000), the contribution limitations set forth in Section
85301 shall be doubled for the candidate.
(b) For each election, if the total amount of personal funds
contributed by the opposing candidate to his or her own campaign
exceeds the total amount of personal funds contributed by a candidate
to his or her own campaign, by six hundred thousand dollars
($600,000), but less than nine hundred thousand dollars ($900,000),
the contribution limitations set forth in Section 85301 shall be
tripled for the candidate.
(c) For each election, if the total amount of personal funds
contributed by the opposing candidate to his or her own campaign
exceeds the total amount of personal funds contributed by a candidate
to his or her own campaign, by nine hundred thousand dollars
($900,000) or more, the contribution limitations set forth in Section
85301 shall not apply to the candidate.
(d) For each election, the amount raised by the candidate under
the increased levels may not exceed the amount of personal funds
contributed by the opposing candidate to his or her own campaign.
(e) A candidate shall provide an initial notification to all other
candidates by guaranteed overnight mail or personal delivery within
24 hours of the time that the candidate has contributed personal
funds to his or her campaign that, in the aggregate, exceed three
hundred thousand dollars ($300,000). Thereafter, the candidate shall
provide notification in this manner when he or she continues
personal funds to his or her campaign that, in the aggregate, exceed
six hundred thousand dollars ($600,000) and nine hundred thousand
dollars ($900,000). Upon notification, any candidate who is entitled
to accept contributions under the increased contribution limits may
begin accepting contributions at the increased limits. The candidate
shall also file the notification within the 24-hour timeframe with
the Secretary of State by facsimile transmission, guaranteed
overnight mail, or personal delivery.
(f) For the purposes of this section, "personal funds" includes
any amount derived from any of the following:
(1) Any asset that a candidate has legal right of access to or
control over, and with respect to which the candidate has either of
the following:
(A) Legal and rightful title.
(B) An equitable interest.
(2) Any payment to the candidate, including, but not limited to,
all of the following:
(A) Salary, commission, or income derived by the candidate through
contract from any source.
(B) Dividends and proceeds from the sale of the candidate's stocks
or investments.
(C) Bequests to the candidate.
(D) Income from trusts established before the beginning of the
election cycle.
(E) Income from trusts established by bequest after the beginning
of the election cycle of which the candidate is a beneficiary.
(F) Gifts to the candidate.
(G) Proceeds from lotteries and similar games of chance.
(H) The candidate's share of community property.
(I) Any loan made to the candidate, including, the proceeds of a
loan made to a candidate by a commercial lending institution for
which the candidate is personally liable.
(g) This section applies only to legislative candidates.
SEC. 2. Section 85303.4 is added to the Government Code, to read:
85303.4. Every legislative candidate that intends to use personal
funds for his or her campaign shall file a statement of this intent
at the time he or she files the statement of intention specified in
Section 85200. The candidate shall indicate in the statement which of
the following amounts he or she intends to spend:
(a) Less than three hundred thousand dollars ($300,000).
(b) Three hundred thousand dollars ($300,000) or more, but less
than six hundred thousand dollars ($600,000).
(c) Six hundred thousand dollars ($600,000) or more, but less than
nine hundred thousand dollars ($900,000).
(d) Nine hundred thousand dollars ($900,000) or more.
SEC. 3. Section 85303.5 is added to the Government Code, to read:
85303.5. No candidate for elective state office may contribute
personal funds to his or her controlled committee 30 days prior to an
election.
SEC. 4.
SECTION 1. Section 85307 of the Government Code is amended
to read:
85307. A candidate for elective state office may not personally
loan to his or her campaign an amount, including the proceeds of a
loan obtained by the candidate from a commercial lending institution,
the outstanding balance of which exceeds one hundred thousand
dollars ($100,000). A candidate may not charge interest on any loan
he or she made to his or her campaign.
SEC. 5.
SEC. 2. 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. 6.
SEC. 3. The Legislature finds and declares that the
provisions of this act further the purposes of the Political Reform
Act of 1974 within the meaning of subdivision (a) of Section 81012 of
the Government Code.
SEC. 7.
SEC. 4. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to ensure that the November 2, 2004 statewide general
election is conducted in a fair and impartial manner, and to clarify
the law regarding candidate loans to the candidate's committee in
light of the ruling in Camp v. Schwarzenegger (Super. Ct. Sacramento
County, 2004, No. 03AS05478), it is necessary that this bill go into
immediate effect.