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) inbegin delete an odd-numbered year, on the date the Legislature adjourns the regular session for a joint recess to reconvene in the 2nd calendar year of the biennium of the
regular 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, inclusiveend deletebegin insert each year, a specified period before the enactment of the Budget Bill, (2) in each odd-numbered year, during the 30 days preceding the adjournment of the legislative session, and (3) in each even-numbered year, the period from August 1 to August 31, inclusiveend 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 forbegin delete a local elective office orend delete an elective state office that is to be voted upon at a special election.
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.
begin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertVote: 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:
(a) Except as provided in subdivisionbegin delete (b)end deletebegin insert (cend insertbegin insert)end insert, a person
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:
7(1) In an odd-numbered year, on the date the
Legislature
8adjourns the regular session
for a joint recess to reconvene in the
9second calendar year of the biennium of the regular session, during
10the 100-day period preceding that date, and during the seven-day
11period following that date.
12(2) In an even-numbered year, the period from May 23 to
13September 7, inclusive.
14(1) In each year, the period from the date on which the Director
15of Finance provides to the Legislature a revised estimate of
P3 1General Fund revenues, proposals to reduce expenditures based
2on that revision, and proposed adjustments to the Governor’s
3Budget pursuant to subdivision (e) of Section 13308 to the date of
4enactment of a Budget Bill for the fiscal year commencing on
July
51 of the same year, inclusive.
6(2) In each odd-numbered year, the period from the date 30
7days preceding the date the Legislature is scheduled to adjourn
8for a joint recess to reconvene in the second calendar year of the
9biennium of the legislative session to the date that adjournment
10occurs, inclusive.
11(3) In each even-numbered year, the period from August 1 to
12August 31, inclusive.
13(b) Each house of the Legislature may take any disciplinary
14action it deems appropriate against a Member of that house who
15violates subdivision (a), including, but not limited to, reprimand,
16censure, suspension, or expulsion.
17(b)
end delete
18begin insert(end insertbegin insertc)end insert Subdivision (a) does not prohibitbegin delete either of the following:end deletebegin insert a end insert
19begin insertcontribution made to, or solicited or accepted by, a Member of
20the Legislature for purposes of that Member’s candidacy for an
21elective state office that is to be voted upon at a special election.end insert
22(1) A contribution made to, or solicited or accepted by, a
23Member of the Legislature for purposes of that Member’s
24candidacy for a local elective office.
25(2) A contribution made to, or solicited or accepted by, a
26Member of the Legislature for purposes of that Member’s
27candidacy for an elective state office that is to be voted upon at a
28special election.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.
The Legislature finds and declares that this bill furthers
39the purposes of the Political Reform Act of 1974 within the
P4 1meaning of subdivision (a) of Section 81012 of the Government
2Code.
This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:
7In order to implement these proposals at the earliest possible
8time prior to the 2014 General Election, it is necessary that this
9act take immediate effect.
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