SB 1101, as amended, Padilla. Political Reform Act of 1974.
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.
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 adjournsbegin insert the regular sessionend insert for a joint recess to reconvene in thebegin delete secondend deletebegin insert 2ndend insert calendar year of the biennium of thebegin delete legislativeend deletebegin insert
regularend insert 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.begin insert
This bill would exempt from these provisions a contribution made to, or solicited or accepted by, a Member of the Legislature for purposes of that Member’s candidacy for a local elective office or an elective state office that is to be voted upon at a special election. end insert
Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties.
This bill would impose a state-mandated local program by creating additional crimes.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
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 2⁄3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 85301.5 is added to the Government
2Code, to read:
begin deleteA end deletebegin insert(a)end insertbegin insert end insertbegin insertExcept as provided in subdivision (b), a end insertperson
4shall not make to a Member of the Legislature, and a Member of
5the Legislature shall not solicit or accept, a contribution during
6the following periods:
6 7(a)
end delete
8begin insert(1)end insert In an odd-numbered year, on the date the
Legislature
9adjournsbegin insert the regular sessionend insert
for a joint recess to reconvene in the
10second calendar year of the biennium of thebegin delete legislativeend deletebegin insert regularend insert
11 session, during the 100-day period preceding that date, and during
12the seven-day period following that date.
11 13(b)
end delete
14begin insert(2)end insert In an even-numbered year, the period from May 23 to
15September 7, inclusive.
16(b) Subdivision (a) does not prohibit either of the following:
end insertbegin insert
17(1) A contribution made to, or solicited or accepted by, a
18Member of the Legislature for purposes of that Member’s
19candidacy for a local elective office.
20(2) A contribution made to, or solicited or accepted by, a
21Member of the Legislature for purposes of that Member’s
22candidacy for an elective state office that is to be voted upon at a
23special election.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
P3 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.
The Legislature finds and declares that this bill furthers
9the purposes of the Political Reform Act of 1974 within the
10meaning of subdivision (a) of Section 81012 of the Government
11Code.
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