Amended in Senate April 10, 2014

Senate Bill No. 1443

Introduced by Senators De León, Corbett, Hill, Lara, Monning, Roth, Steinberg, and Torres

February 21, 2014

An act to begin insert amend Sections 86203 and 89503 of the Government Code, end insert relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

SB 1443, as amended, De León. Political Reform Act of 1974 begin insert : gift limitations end insert .

The Political Reform Act of 1974 provides for the comprehensive regulation of begin delete campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees end delete begin insert the lobbying industry and imposes various restrictions on public officials for the purpose of avoiding conflicts of interests end insert . begin insert The act prohibits a lobbyist or lobbying firm from making gifts to any person aggregating more than $10 in a calendar month and prohibits an elected state officer, elected officer of a local government agency, or other designated individual from accepting gifts from any single source in any calendar year with a total value of more than $250. Existing law requires the Fair Political Practices Commission to adjust the gift limitation amount on January 1 of each odd-numbered year to reflect changes in the Consumer Price Index. end insert The act also imposes administrative, civil, and criminal fines and penalties for violations of its provisions.

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This bill would prohibit a lobbyist or lobbying firm from making a gift of any amount. The bill would prohibit an elected state officer, elected officer of a local government agency, or other designated individual from accepting gifts from a single source in a calendar year with a total value of more than $200 and would authorize the Fair Political Practices Commission to increase the gift limitation amount each odd-numbered year based upon changes in the Consumer Price Index. The bill would further prohibit a candidate for elective state office, elected state officer, or legislative official from receiving a gift of tickets to specified venues and events or a gift comprised of specified recreational activities. By creating additional crimes, the bill would impose a state-mandated local program.

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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 2⁄3 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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This bill would declare the intent of the Legislature to enact legislation that would review and make changes to the act.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 86203 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

86203.  

begin delete It shall be unlawful for a end delete begin insert A end insert lobbyist begin delete , end delete or lobbying firm begin delete ,
to end delete begin insert shall not end insert make gifts to begin delete one end delete begin insert any end insert person begin delete aggregating more than
ten dollars ($10) in a calendar month, or to end delete begin insert , end insert act as an agent or
intermediary in the making of begin delete any end delete begin insert a end insert gift, or begin delete to end delete arrange for the
making of begin delete any end delete begin insert a end insert gift by begin delete any other end delete begin insert another end insert person.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 89503 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

89503.  

(a)  begin delete No end delete begin insert An end insert elected state officer, elected officer of a local
government agency, or other individual specified in Section 87200
shall begin insert not end insert accept gifts from begin delete any end delete begin insert a end insert single source in begin delete any end delete begin insert a end insert calendar
year with a total value of more than two hundred begin delete fifty end delete dollars
begin delete ($250) end delete begin insert ($200) end insert .

(b) (1)  begin delete No end delete begin insert A end insert candidate for elective state office, for judicial
office, or for elective office in a local government agency shall
begin insert not end insert accept gifts from begin delete any end delete begin insert a end insert single source in begin delete any end delete begin insert a end insert calendar year
with a total value of more than two hundred begin delete fifty end delete dollars begin delete ($250) end delete
begin insert ($200) end insert . A person shall be deemed a candidate for purposes of this
subdivision when the person has filed a statement of organization
as a committee for election to a state or local office, a declaration
of intent, or a declaration of candidacy, whichever occurs first. A
person shall not be deemed a candidate for purposes of this
subdivision after he or she is sworn into the elective office, or, if
the person lost the election, after the person has terminated his or
her campaign statement filing obligations for that office pursuant
to Section 84214 or after certification of the election results,
whichever is earlier.

(2) Paragraph (1) begin delete shall end delete begin insert does end insert not apply to begin delete any end delete begin insert a end insert person who is a
candidate begin insert , end insert as described in paragraph (1) begin insert , end insert for judicial office on or
before December 31, 1996.

(c)  begin delete No end delete begin insert A end insert member of a state board or commission or designated
employee of a state or local government agency shall begin insert not end insert accept
gifts from begin delete any end delete begin insert a end insert single source in begin delete any end delete begin insert a end insert calendar year with a total
value of more than two hundred begin delete fifty end delete dollars begin delete ($250) end delete begin insert ($200) end insert if the
member or employee would be required to report the receipt of
income or gifts from that source on his or her statement of
economic interests.

(d) This section begin delete shall end delete begin insert does end insert not apply to a person in his or her
capacity as judge. This section begin delete shall end delete begin insert does end insert not apply to a person in
his or her capacity as a part-time member of the governing board
of begin delete any end delete begin insert a end insert public institution of higher education begin insert , end insert unless that position
is an elective office.

(e) This section begin delete shall end delete begin insert does end insert not prohibit or limit begin insert any of end insert the
following:

(1) Payments, advances, or reimbursements for travel and related
lodging and subsistence permitted by Section 89506.

(2) Wedding gifts and gifts exchanged between individuals on
birthdays, holidays, and other similar occasions, provided that the
gifts exchanged are not substantially disproportionate in value.

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(f) Beginning on January 1, 1993, the commission shall adjust
the gift limitation in this section on January 1 of each
odd-numbered year to reflect changes in the Consumer Price Index,
rounded to the nearest ten dollars ($10).

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(f) On January 1 of each odd-numbered year, beginning on
January 1, 2015, the Commission may, at its discretion, increase
the gift limitation amount specified in subdivisions (a), (b), and
(c). The Commission shall not increase the gift limitation amount
more than once in an odd-numbered year or by an amount that
exceeds changes reflected in the Consumer Price Index.

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(g) (1) In addition to the gift limitation amount set forth in this
section, a candidate for elective state office, an elected state officer,
or a legislative official shall not accept a gift of tickets or the
equivalent of tickets to any of the following events or venues:

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(A) A professional concert or other professional entertainment
event.

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(B) A professional sporting event.

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(C) An amateur sporting event for which the value of the ticket
received exceeds fifty dollars ($50).

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(D) A racetrack event.

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(E) A theme park, amusement park, or other similar venue.

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(F) An amateur theater, concert, or other entertainment event
for which the value of the ticket received exceeds fifty dollars ($50).

end insert begin insert

(2) For purposes of this subdivision, “professional” means an
event with performers who are compensated for the event or who
engage in the performance activity as their vocation.

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begin insert (h) end insert begin insert   end insert begin insert In addition to the gift limitation amount set forth in this
section, a candidate for elective state office, an elected state officer,
or a legislative official shall not accept a gift of any of the
following: end insert

begin insert

(1) Golfing green fees, complimentary golf course access, or
the equivalent.

end insert begin insert

(2) Skiing, hunting, or fishing trips or other recreational outings.

end insert begin insert

(3) Spa treatments, spa access fees, or other equivalent
complimentary beauty or cosmetic services.

end insert begin insert

(4) Cash, gift cards, or cash equivalents.

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(g)

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begin insert (i) end insert  The limitations in this section are in addition to the limitations
on gifts in Section 86203.

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begin insert SEC. 3. end insert   

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

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begin insert

begin insert SEC. 4. end insert   

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

end insert

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would review and make changes to the Political
Reform Act of 1974.

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