Amended in Senate June 18, 2014

Amended in Assembly May 5, 2014

Amended in Assembly April 8, 2014

Amended in Assembly March 19, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1431


Introduced by Assembly Member Gonzalez

(Principal coauthor: Senator Hueso)

(Coauthors: Assembly Members Garcia and Quirk-Silva)

January 6, 2014


An act to add Section 85705 to the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

AB 1431, as amended, Gonzalez. Campaign contributions: school district and community college district administrators.

The 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.

This bill would prohibit an administrator of a school district or community college districtbegin insert, as defined,end insert from knowingly soliciting, accepting, or receiving a contribution for the campaign of an elected official of the district employing the administrator, or any candidate for an office of the school district or community college district employing the administrator. 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.

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.

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 23 vote of each house and compliance with specified procedural requirements.

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

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 85705 is added to the Government Code,
2to read:

3

85705.  

(a) begin insertAs used in this section:end insert

begin insert

4(1) “Administrator of a community college district” includes
5the following:

end insert
begin insert

6(A) The Superintendent, Chancellor, or President of a
7community college district.

end insert
begin insert

8(B) A district level community college district official who
9reports directly to the Superintendent, Chancellor, or President
10of a community college district.

end insert
begin insert

11(2) “Administrator of a school district” includes the following:

end insert
begin insert

12(A) The Superintendent of a school district.

end insert
begin insert

13(B) A district level school district official who reports directly
14to the Superintendent.

end insert

15begin insert(b)end insertbegin insertend insert An administrator of a school district or community college
16district shall not knowingly solicit, accept, or receive a contribution
17for the campaign of an elected official of the school district or
18community college district employing the administrator, or any
P3    1candidate for an office of the school district or community college
2 district employing the administrator.

begin delete

3(b)

end delete

4begin insert(c)end insert This section does not prohibit an administrator of a school
5district or community college district from soliciting, accepting,
6or receiving a contribution for his or her own campaign for an
7office of the school district or community college district.

8

SEC. 2.  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.

17

SEC. 3.  

The Legislature finds and declares that this bill furthers
18the purposes of the Political Reform Act of 1974 within the
19meaning of subdivision (a) of Section 81012 of the Government
20Code.



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