BILL ANALYSIS �
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THIRD READING
Bill No: SB 1101
Author: Padilla (D), Corbett (D), De Leon (D), Hill (D), Roth
(D), and
Steinberg (D)
Amended: 5/27/14
Vote: 27 - Urgency
SENATE ELECTIONS & CONSTITUTIONAL AMEND. COMM. : 4-1, 4/22/14
AYES: Torres, Hancock, Jackson, Padilla
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SENATE FLOOR : 23-3, 6/9/14 (FAIL)
AYES: Beall, Block, Corbett, Correa, De Le�n, DeSaulnier,
Evans, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson,
Lara, Leno, Liu, Mitchell, Padilla, Pavley, Roth, Steinberg,
Torres, Wolk
NOES: Anderson, Morrell, Vidak
NO VOTE RECORDED: Berryhill, Calderon, Cannella, Fuller,
Gaines, Huff, Knight, Lieu, Monning, Nielsen, Walters, Wright,
Wyland, Yee
SUBJECT : Political Reform Act of 1974
SOURCE : Author
DIGEST : This bill amends the Political Reform Act (PRA) to
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prohibit campaign contributions to a Member of the Legislature
during specified periods of time.
ANALYSIS : Existing law:
1.Limits, pursuant to the PRA, campaign contributions to
candidates for elective state office as follows:
A. To a candidate for elective state office other than a
candidate for statewide elective office, no person may
contribute more than $4,100 per election and no small
contributor committee may contribute more than $8,200 per
election;
B. To a candidate for elective statewide office other than
a candidate for Governor, no person may contribute more
than $6,800 per election and no small contributor committee
may contribute more than $13,600 per election; and
C. To a candidate for Governor, no person or small
contributor committee may contribute more than $27,200 per
election.
1.Requires the Fair Political Practices Commission to adjust
these contribution limits biannually to reflect any increase
or decrease in the Consumer Price Index.
2.Provides that a state lobbyist may not contribute to a state
officeholder's or candidate's committee if the lobbyist is
registered to lobby the agency of the elected officer or the
agency to which the candidate is seeking election. The
lobbyist also may not contribute to a local committee
controlled by any such state candidate.
3.Requires an individual to file a statement of intention to be
a candidate for an elective office prior to soliciting or
receiving a campaign contribution or loan but does not
otherwise place restrictions on when candidates may solicit or
receive contributions.
This bill:
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1.Specifies that, except as provided, a person shall not make to
a Member of the Legislature, and a Member of the Legislature
may not solicit or accept, a contribution during the following
periods:
A. In each year, the period from the date on which the
Director of the Department of Finance provides to 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 to the
date of enactment of a Budget Bill for the fiscal year
commencing on July 1 of the same year, inclusive.
B. 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.
C. In each even-numbered year, the period from August 1 to
August 31, inclusive.
1.Authorizes each house of the Legislature to take any
disciplinary action it deems appropriate against a Member of
that house who violates this bill, including, but not limited
to, reprimand, censure, suspension, or expulsion.
2.Allows a contribution made to, or solicited or accepted by, a
Member of the Legislature for purposes of that Member's
candidacy for an elective state office that is to be voted
upon at a special election.
Background
Blackout Periods in Other States. According to the National
Conference of State Legislatures (NCSL), 28 states have placed
various limits on fundraising during the legislative session.
Of those 28 states, 12 prohibit or restrict only lobbyist
contributions made during the legislative session. California
prohibits lobbyists who are registered to lobby before the
legislature from making contributions to any legislator or any
candidate for state legislature at any time, not just during the
legislative session. As a result, although the NCSL report does
not include California in the list of states that restricts
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fundraising during the legislative session, using the NCSL's
methodology, California would be the 29th state that limits the
giving or receiving of contributions during the legislative
session.
Sixteen states have contribution blackout periods that apply to
contributions made by individuals or organizations other than
lobbyists. In one of those states, Oregon, the Attorney General
issued an opinion that the statute is unconstitutional and
stated that it would not be enforced. In the remaining 15
states, the length of the blackout period generally runs the
length of the legislative session, though in some cases the
blackout period extends for a certain time period before or
after the legislative session, and in some cases there are
exceptions to the blackout periods as an election approaches.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, annual costs
of approximately $85,000 to Fair Political Practices Commission
(General Fund).
The FPPC indicates the need for a half personnel year Attorney
IV position for litigation purposes.
SUPPORT : (Verified 5/27/14)
League of Women Voters
RM:nl 6/11/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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