BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SR 44|
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THIRD READING
Bill No: SR 44
Author: De León (D) and Steinberg (D)
Amended: As introduced
Vote: 21
SENATE RULES COMMITTEE : 4-0, 5/21/14
AYES: Steinberg, Fuller, Lara, Mitchell
NO VOTE RECORDED: Knight
SUBJECT : Standing Rules of the Senate: 2013-14 Regular
Session
SOURCE : Author
DIGEST : This resolution adds an additional rule (Standing
Rule 56) to the Standing Rules of the Senate for the 2013-14
Regular Session prohibiting Members of the Senate from
soliciting or accepting campaign contributions from lobbyist
employers for the period immediately preceding the passage of
the state budget and the period immediately preceding the end of
the legislative session each year.
ANALYSIS : This resolution seeks to strengthen public
confidence in the Legislature and ensure that Members of the
Senate are focused exclusively on legislative business at these
crucial times in the legislative calendar, while preserving the
ability of the Members to conduct effective campaigns by raising
campaign funds at more appropriate times of the year.
This resolution prohibits, commencing August 1, 2014, a Member
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of the Senate from soliciting or accepting a contribution from a
lobbyist employer during any of the following periods:
The period from the date on which the Director of the
Department of Finance provides the Legislature a revised
estimate of General Fund revenues, proposals to reduce
expenditures based on that revision, and proposed adjustments
to the Governor's Budget for the fiscal year commencing on
July 1 of the same year, inclusive.
In each odd-numbered year, the period from the date 30 days
preceding the date the Legislature is scheduled to adjourn
for a joint recess to reconvene in the second calendar year
of the biennium of the legislative session to the date that
adjournment occurs, inclusive.
In each even-numbered year, the period from August 1 to
August 31, inclusive.
This resolution creates a disciplinary action against a Member
of the Senate who is found in violation of Standing Rule 56
which may include, but is not limited to, reprimand, censure,
suspension, or expulsion.
Background
In 1974, voters overwhelmingly passed Proposition 9, giving
birth to the Political Reform Act (PRA) and a new, independent
agency to administer, interpret and enforce its provisions. The
PRA governs disclosure of political campaign contributions and
spending by candidates and ballot measure committees. It also
sets ethics rules for state and local government officials that
impose strict limits on decisions or votes that affect the
official's financial interests.
The PRA is designed to assure that, among other things:
1. Public officials perform their duties impartially, without
bias because of personal financial interests or the interests
of financial supporters.
2. Public officials disclose income and assets that could be
affected by official actions and disqualify themselves from
participating in decisions when they have conflicts of
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interest.
3. Receipts and expenditures of election campaigns are fully
and truthfully disclosed so voters are informed and improper
practices are inhibited.
The Fair Political Practices Commission (FPPC) was created by
the PRA to regulate, among other things, campaign financing and
spending and financial conflicts of interest. Existing law does
not stipulate a blackout period in which members of the
Legislature can solicit or receive campaign contributions. The
Vision Statement of the FPPC is "to be the government agency
trusted by the Electorate to sensibly, impartially, interpret
and enforce the laws governing the influence of money on the
conduct of public officials".
This resolution adds an additional layer of limits to the
Standing Rules of the Senate, applicable to all Members of the
California Senate, in an effort to affirm the public's
confidence in this elected legislative body.
Comments
According to the author, the Florida State Supreme Court's
ruling in State v. Dodd (1990) stated that a violation of the
First Amendment could be averted if "Legislators themselves
restricted their own access to campaign contributions during a
legislative session?"
The author contends this resolution meets this standard by only
impacting the most crucial periods of the legislative calendar,
and narrowly applies to the solicitation and acceptance of
contributions from lobbyist employers during the most critical
times of the year when a Member of the Senate should be solely
focused on legislative business.
FISCAL EFFECT : Fiscal Com.: No
MW:k 5/22/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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