Amended in Assembly March 19, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1431

Introduced by Assembly Member Gonzalez

begin insert

(Coauthor: Assembly Member Quirk-Silva)

end insert begin insert

(Coauthor: Senator Hueso)

end insert

January 6, 2014

An act begin insert to add Sections 72030 and 72030.1 to, and end insert to add Article 4 (commencing with Section 5098) to Chapter 1 of Part 4 of Division 1 of Title 1 of begin delete , and to add Section 72030 to end delete , the Education Code, relating to begin delete conflict of interest end delete begin insert the Political Reform Act of 1974 end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1431, as amended, Gonzalez. School district and community college begin delete elections: end delete begin insert administrators: end insert conflict of interest.

Existing law provides for election of certain officials of school districts and community college districts.

This bill would begin delete prohibit end delete begin insert provide that end insert an administrator of a school district or community college district begin delete from soliciting funds for the campaign or legal defense fund of an elected official of the district employing the administrator, or any candidate for an elected office of that district end delete begin insert may participate in political management or in political campaigns, but would prohibit the administrator from knowingly soliciting, accepting, or receiving a political contribution from any person for the campaign of an elected official of the district employing the administrator, or any candidate for that office, unless the person making the contribution is a member of the same school labor organization as the administrator end insert .

begin insert

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.

end insert begin insert

This bill would require the Fair Political Practices Commission to enforce the provisions of the bill, thereby amending the Political Reform Act of 1974 by enhancing the duties of the commission.

end insert begin insert

This bill would also declare that it furthers the purposes of the act.

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

SECTION 1.  

Article 4 (commencing with Section 5098) is
added to Chapter 1 of Part 4 of Division 1 of Title 1 of the Education Code, to read:

 

Article 4.  Conflict of Interest

 

5098.  

An administrator of a school district may begin delete not, directly
or indirectly, solicit funds for the campaign or legal defense fund
of an elected official of the school district employing the
administrator, or any candidate for an elected office of that school
district end delete begin insert participate in political management or in political
campaigns, except that an administrator of a school district may
not knowingly solicit, accept, or receive a political contribution
from any person for the campaign of an elected official of the
school district employing the administrator, or any candidate for
that office, unless the person making the contribution is a member
of the same school labor organization as the administrator end insert .

begin insert

begin insert 5098.1. end insert   

The Fair Political Practices Commission shall enforce
this article.

end insert

SEC. 2.  

Section 72030 is added to the Education Code, to read:

72030.  

An administrator of a community college district may
begin delete not, directly or indirectly, solicit funds for the campaign or legal
defense fund of an elected official of the community college district
employing the administrator, or any candidate for an elected office
of that community college district end delete begin insert participate in political
management or in political campaigns, except that an
administrator of a community college district may not knowingly
solicit, accept, or receive a political contribution from any person
for the campaign of an elected official of the community college
district employing the administrator, or any candidate for that
office, unless the person making the contribution is a member of
the same school labor organization as the administrator end insert .

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 72030.1 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 72030.1. end insert   

The Fair Political Practices Commission shall enforce
Section 72030.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin 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. end insert