SB 1402,
as amended, De León. begin deletePolitical Reform Act of 1974: campaign funds. end deletebegin insertImmigration reform: advisory electionend insertbegin insert.end insert
This bill would call a special election to be consolidated with the November 4, 2014, statewide general election. The bill would require the Secretary of State to submit to the voters at the November 4, 2014, consolidated election an advisory question asking whether the Congress of the United States should immediately reform our immigration laws and pass comprehensive immigration reform that includes a path to citizenship for immigrants meeting certain requirements, as specified, and whether the President of the United States should halt deportations of parents whose children were born in the United States until that new immigration law is passed. The bill would require the Secretary of State to communicate the results of this election to the Congress of the United States.
end insertbegin insertThis bill would declare that it is to take effect immediately as an act calling an election.
end insertExisting provisions of the Political Reform Act of 1974 prohibit a spouse or domestic partner of an elected officer or a candidate for elective office from receiving compensation from campaign funds held by a controlled committee of the officer or candidate for services rendered in connection with fundraising, as specified.
end deleteThis bill would instead prohibit a spouse or domestic partner of an elected officer or a candidate for elective office from receiving compensation, in exchange for any services rendered, from campaign funds held by a controlled committee of the officer or candidate.
end deleteA violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
end deleteThe 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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteThe 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.
end deleteThis bill would declare that it furthers the purposes of the act.
end deleteVote: begin delete2⁄3 end deletebegin insertmajorityend insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertThe Legislature finds and declares all of the
2following:end insert
3(a) The United States of America was founded on principles of
4freedom and opportunity, and on the tenet that all men and women
5are created equal.
6(b) The nation’s history has been indelibly shaped by waves of
7
immigration.
8(c) The current immigration system in the United States is
9antiquated, riddled with inefficiencies, and incapable of meeting
10the challenges of the 21st century and our changing economy.
11(d) Immigrants are a major engine for the state’s economic
12growth. Approximately 1 in 10 workers in California is an
13undocumented immigrant, totaling 1.85 million workers.
14Immigrants are vital for California’s industries, including
15technology, agriculture, hospitality, and services.
P3 1(e) The undocumented
immigrant population in the United States
2is currently 11.7 million and is expected to continue growing in
3the absence of immigration and regulatory reform.
4(f) Almost one-quarter (23 percent) of the nation’s
5undocumented immigrants reside in California.
6(g) Thousands of families have been separated because of the
7enforcement of immigration laws that do not recognize the
8complexities of mixed-status families. Each year, more than
9350,000 immigrants face deportation proceedings.
10(h) Nearly one-half
of undocumented immigrants in the United
11States are parents of minor children, and 77 percent of these
12children are United States citizens.
13(i) Since 1998, about 600,000 children who are United States
14citizens have had a parent detained or deported. Currently, there
15are at least 5,100 children in the child welfare system because
16their parents are under immigration custody or have been deported.
17This number is expected to rise to 15,000 in the next five years.
begin insertA special election is hereby called to be held
19throughout the state on November 4, 2014. The special election
20shall be consolidated with the statewide general election to be
21held on that date. The consolidated election shall be held and
22conducted in all respects as if there were only one election and
23only one form of ballot shall be used.end insert
begin insert(a)end insertbegin insert end insertbegin insertNotwithstanding Section 9040 of the Elections
25Code, the Secretary of State shall submit the following advisory
26question to the voters at the November 4, 2014, consolidated
27election:end insert
28“Shall the Congress of the United States
reform our immigration
29laws and immediately pass comprehensive immigration reform
30that includes a path to citizenship to those immigrants who learn
31English, pass a background check, and pay back taxes, and shall
32the President of the United States halt the deportations of
33noncriminal mothers and fathers whose children were born in the
34United States, which separate families, until that new immigration
35law is passed?”
36(b) Upon certification of the election, the Secretary of State
37shall communicate to the Congress of the United States the results
38of the election asking the question set forth in subdivision (a).
P4 1(c) The provisions of the Elections Code that apply to the
2
preparation of ballot measures and ballot materials at a statewide
3election apply to the measure submitted pursuant to this section.
This act calls an election within the meaning of Article
5IV of the Constitution and shall go into immediate effect.
Section 84307.5 of the Government Code is
7amended to read:
A spouse or domestic partner of an elected officer or
9a candidate for elective office shall not receive, in exchange for
10services rendered, compensation from campaign funds held by a
11controlled committee of the elected officer or candidate for elective
12office.
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
20the meaning of Section 6 of Article XIII B of the California
21Constitution.
The Legislature finds and declares that this bill furthers
23the purposes of the Political Reform Act of 1974 within the
24meaning of subdivision (a) of Section 81012 of the Government
25Code.
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