AB 1431,
as amended, Gonzalez. begin deleteSchool end deletebegin insertCampaign contributions: school end insertdistrict and community collegebegin insert districtend insert administratorsbegin delete: conflict of interestend delete.
Existing law provides for election of certain officials of school districts and community college districts.
end deleteThe Political Reform Act of 1974 establishes certain limits on the amount of contributions that a person or group can make to a candidate for elective state office, or to a committee.
end insertThis bill wouldbegin delete provide thatend deletebegin insert prohibitend insert an administrator of a school district or community
college districtbegin delete may participate in political management or in political campaigns, but would prohibit the administratorend delete from knowingly soliciting, accepting, or receiving abegin delete politicalend delete contributionbegin delete from any personend delete for the campaign of an elected official of the district employing the administrator, or any candidate forbegin delete that office,end deletebegin insert an office of the school district or community college district employing the administrator,end insert unless thebegin delete person making the contributionend deletebegin insert
contributorend insert isbegin delete a member of the same school labor organizationend deletebegin insert represented by the same exclusive representativeend insert as the administratorbegin insert, as specifiedend insert.begin insert The bill would clarify that this prohibition does not apply to an administrator who is soliciting, accepting, or receiving a contribution for his or her own campaign for an office of a school district or community college district.end insert
Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertThe 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 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 deleteThis bill wouldbegin delete alsoend delete declare that it furthers the purposes of the act.
Vote: 2⁄3.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
Article 4 (commencing with Section 5098) is
2added to Chapter 1 of Part 4 of Division 1 of Title 1 of the 3Education Code, to read:
An administrator of a school district may participate in
4political management or in political campaigns, except that an
5administrator of a school district may not knowingly solicit, accept,
6or receive a political contribution from any person for the campaign
7of an elected official of the school district employing the
8administrator, or any candidate for that office, unless the person
9making the
contribution is a member of the same school labor
10organization as the administrator.
The Fair Political Practices Commission shall enforce
12this article.
Section 72030 is added to the Education Code, to read:
An administrator of a community college district may
15participate in political management or in political campaigns,
16except that an administrator of a community college district may
17not knowingly solicit, accept, or receive a political contribution
18from any person for the campaign of an elected official of the
19community college district employing the administrator, or any
20
candidate for that office, unless the person making the contribution
21is a member of the same school labor organization as the
22administrator.
Section 72030.1 is added to the Education Code, to
24read:
The Fair Political Practices Commission shall enforce
26Section 72030.
begin insertSection 85705 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
28to read:end insert
(a) An administrator of a school district or community
30college district shall not knowingly solicit, accept, or receive a
31contribution for the campaign of an elected official of the school
32district or community college district employing the administrator,
33or any candidate for an office of the school district or community
34college district employing the administrator, unless the contributor
35is represented by the same exclusive representative as the
36administrator within the meaning of Section 3543 or 3573.
37(b) This section does not prohibit an administrator of a school
38district or community college district from soliciting, accepting,
39or receiving a contribution for his or her own campaign for an
40office of the school district or community
college district.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
The Legislature finds and declares that this bill furthers
12the purposes of the Political Reform Act of 1974 within the
13meaning of subdivision (a) of Section 81012 of the Government
14Code.
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