Amended in Senate April 2, 2014

Senate BillNo. 1101


Introduced by Senator Padilla

February 19, 2014


An act tobegin delete amend Section 83112 ofend deletebegin insert add Section 85301.5 toend insert the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 1101, as amended, Padilla. Political Reform Act of 1974.

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Existing law, the Political Reform Act of 1974, places limits on the amount of campaign contributions that a person may make to a candidate for elective state office.

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This bill would prohibit any campaign contribution to a Member of the Legislature during the following periods of time: (1) in an odd-numbered year, on the date the Legislature adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and during the 7-day period following and the 100-day period preceding that date, and (2) in an even-numbered year, the period from May 23 to September 7, inclusive.

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Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties.

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This bill would impose a state-mandated local program by creating additional crimes.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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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.

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

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The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing. The act establishes the Fair Political Practices Commission to administer and enforce the act’s provisions. The act authorizes the Commission to adopt, amend, or rescind rules and regulations to carry out the purposes and provisions of the act, as specified.

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This bill would make technical, nonsubstantive changes to those provisions.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 85301.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert85301.5.end insert  

A person shall not make to a Member of the
4Legislature, and a Member of the Legislature shall not solicit or
5accept, a contribution during the following periods:

6(a) In an odd-numbered year, on the date the Legislature
7adjourns for a joint recess to reconvene in the second calendar
8year of the biennium of the legislative session, during the 100-day
9period preceding that date, and during the seven-day period
10following that date.

11(b) In an even-numbered year, the period from May 23 to
12September 7, inclusive.

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13begin insert

begin insertSEC. 2.end insert  

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No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
P3    1the meaning of Section 6 of Article XIII B of the California
2Constitution.

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3begin insert

begin insertSEC. 3.end insert  

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The Legislature finds and declares that this bill furthers
4the purposes of the Political Reform Act of 1974 within the meaning
5of subdivision (a) of Section 81012 of the Government Code.

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6

SECTION 1.  

Section 83112 of the Government Code is
7amended to read:

8

83112.  

The Commission may adopt, amend, and rescind rules
9and regulations to carry out the purposes and provisions of this
10title and to govern procedures of the Commission. These rules and
11regulations shall be adopted in accordance with the Administrative
12Procedure Act (Chapter 3.5 (commencing with Section 11340) of
13Part 1 of Division 3 of Title 2) and shall be consistent with this
14title and other applicable law.

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