BILL ANALYSIS �
AB 1431
Page 1
ASSEMBLY THIRD READING
AB 1431 (Gonzalez)
As Amended May 5, 2014
2/3 vote
ELECTIONS 5-1 JUDICIARY 8-2
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|Ayes:|Fong, Mullin, Hall, |Ayes:|Wieckowski, Alejo, Chau, |
| |Perea, Rodriguez | |Dickinson, Garcia, |
| | | |Maienschein, Muratsuchi, |
| | | |Stone |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue |Nays:|Wagner, Gorell |
| | | | |
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APPROPRIATIONS 12-4
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Holden, | | |
| |Pan, Quirk, | | |
| |Ridley-Thomas, Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bigelow, Donnelly, Jones, | | |
| |Wagner | | |
| | | | |
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SUMMARY : Prohibits a school or community college district
administrator from soliciting campaign contributions for
district board members and candidates for the district board,
except as specified. Specifically, this bill :
1)Prohibits an administrator of a school district or of a
community college district 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 for a candidate for that
office.
AB 1431
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2)Provides that this bill does not prohibit an administrator
from soliciting, accepting, or receiving a contribution for
his or her own campaign for office.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, any costs to the Fair Political Practices Commission
(FPPC) should be minor and absorbable, and could be partially
offset by penalty revenues.
COMMENTS : According to the author, "Assembly Bill 1431 seeks to
prohibit administrators at school and community college
districts from soliciting funds for the campaigns of candidates
- including incumbents - for the board elections to govern the
districts where they are employed. Most recently,
administrators' practice of soliciting campaign funds for board
members was held as the common thread in three major government
corruption cases in San Diego County. This bill will reduce the
real and perceived conflicts of interest that is created by this
dynamic and has contributed to these major corruption scandals
in California's school districts and community college
districts."
Enacted in response to allegations that federal government
employees were using their positions to assist candidates for
federal office in the late 1930s, the federal Hatch Act (5
United States Code Sections 7321-7326) generally restricts
certain political activities of most civilian federal government
employees. The nature of the political activities that are
restricted under the Hatch Act vary, depending on the position
held by an employee.
One provision of the Hatch Act prohibits federal employees from
soliciting, collecting, or receiving political contributions,
except from other members of the same federal labor organization
under certain conditions. The provisions of this bill are
modeled after that portion of the Hatch Act.
California voters passed an initiative, Proposition 9, in 1974
that created the FPPC and codified significant restrictions and
prohibitions on candidates, officeholders and lobbyists. That
initiative is commonly known as the Political Reform Act (PRA).
Amendments to the PRA that are not submitted to the voters, such
as those contained in this bill, must further the purposes of
the initiative and require a two-thirds vote of both houses of
AB 1431
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the Legislature.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0003444