BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1431|
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THIRD READING
Bill No: AB 1431
Author: Gonzalez (D), et al.
Amended: 7/3/14 in Senate
Vote: 27
SENATE ELECTIONS & CONST. AMEND. COMM. : 5-0, 6/24/14
AYES: Padilla, Anderson, Hancock, Jackson, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 60-17, 5/28/14 - See last page for vote
SUBJECT : Campaign contributions: school district and
community college district administrators
SOURCE : Author
DIGEST : This bill amends the Political Reform Act (PRA) to
prohibit a school or community college district administrator
from soliciting campaign contributions for district board
members and candidates for the district board, except as
specified.
ANALYSIS :
Existing law:
1.Prohibits a member of the Fair Political Practices Commission,
during his/her tenure, from participating in or contributing
to an election campaign, or from seeking election to any other
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public office during his/her term of appointment.
2.Prohibits school district or community college district funds,
services, supplies, or equipment from being used for the
purpose of urging the support or defeat of any candidate,
including, but not limited to, any candidate for election to
the governing board of the district.
3.Prohibits a person who holds, or who is seeking election or
appointment to, the governing board of a school district or
community college district from using, or promising or
threatening to use, the power of office to positively or
adversely affect any person's compensation or position within
the district based on the vote or political activities of that
person.
4.Prohibits restrictions from being placed on the political
activities of officers or employees of a school district or
community college district, except as otherwise provided in
specified provisions of existing law or as necessary to meet
requirements of federal law.
5.Prohibits an officer or employee of a local agency, other than
a school district, from soliciting a political contribution
from an officer or employee of that agency, except as
specified.
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.
2.Provides that this bill does not prohibit an administrator
from soliciting, accepting, or receiving a contribution for
his/her own campaign for office.
3.Prohibits an elected official of a school district or
community college district, or a candidate of an office of a
school district or community college district, from requesting
an administrator of the school district or community college
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district, from requesting an administrator of the school
district or community college district to solicit, accept, or
receive a contribution for the campaign of that elected
official or candidate.
4.Provides for the following definitions:
A. "Administrator of a community college district" includes
the superintendent, chancellor, or president of a community
college district and a district level community college
district official who reports directly to the
superintendent, chancellor, or president of a community
college district.
B. "Administrator of a school district" includes the
superintendent of a school district and a district level
school district official who reports directly to the
superintendent.
Background
Hatch Act . 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 U.S.C. 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. Employees in intelligence and enforcement
agencies, for instance, typically are subject to broader
restrictions on political activities than other public
employees. Individuals who violate the Hatch Act are subject to
"removal, reduction in grade, debarment from Federal employment
for a period not to exceed five years, suspension, reprimand, or
an assessment of a civil penalty not to exceed $1,000."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/6/14)
California Federation of Teachers
County of San Diego
League of Women Voters of California
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ARGUMENTS IN SUPPORT : The County of San Diego writes: "AB
1431?would prohibit school district and community college
district administrators from soliciting funds for campaign or
legal defense funds for an elected official of the district
employing the administrator, or any candidate for an elected
office of the district.
"This longstanding practice has become all too common and has
resulted in scandals and criminal charges for some school
districts within the San Diego County region. It allows
administrators inappropriate influence over their own job
security by assisting in campaign fundraising for their board
members and allows current board members to pressure
administrators into campaign fundraising. We want to ensure
that elected officials are devoting their time and public
resources to the public good, and we believe AB 1431 is a good
step in that direction."
ASSEMBLY FLOOR : 60-17, 5/28/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Dababneh, Dahle, Daly, Dickinson, Eggman,
Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gray, Hall, Roger Hern�ndez, Holden, Jones, Jones-Sawyer,
Levine, Lowenthal, Maienschein, Medina, Mullin, Muratsuchi,
Nazarian, Nestande, Pan, Perea, John A. P�rez, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez,
Salas, Skinner, Stone, Ting, Waldron, Weber, Wieckowski,
Williams, Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Donnelly, Beth
Gaines, Grove, Hagman, Harkey, Logue, Mansoor, Melendez,
Olsen, Patterson, Wagner, Wilk
NO VOTE RECORDED: Gorell, Linder, Vacancy
RM:ek 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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