BILL ANALYSIS �
AB 1431
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1431 (Gonzalez)
As Amended July 3, 2014
2/3 vote
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|ASSEMBLY: |60-17|(May 28, 2014) |SENATE: |33-2 |(August 11, |
| | | | | |2014) |
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Original Committee Reference: E. & R.
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.
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.
The Senate amendments :
1)Define "administrator," for the purposes of this bill, to
mean:
a) The superintendent, chancellor, or president of a
community college district;
b) A district level community college district official who
reports directly to the superintendent, chancellor, or
president of a community college district;
c) The superintendent of a school district; and,
d) A district level school district official who reports
directly to the superintendent.
AB 1431
Page 2
2)Prohibit an elected official of a school district or community
college district, or a candidate for an office of a school
district or community college 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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 to 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 Fair Political Practices Commission 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
AB 1431
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initiative and require a two-thirds vote of both houses of the
Legislature.
The Senate amendments defined the term administrator, for the
purposes of this bill, and prohibited elected officials and
candidates for school districts and community college districts
from requesting that administrators violate the provisions of
this bill by soliciting, accepting, or receiving a contribution
for the campaign of that elected official or candidate. This
bill, as amended in the Senate, is consistent with Assembly
actions.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0004326