Bill Text: CA AB2505 | 2019-2020 | Regular Session | Introduced
Bill Title: Political Reform Act of 1974: campaign funds
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-27 - Referred to Com. on E. & R. [AB2505 Detail]
Download: California-2019-AB2505-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2505
| Introduced by Assembly Member Berman |
February 19, 2020 |
An act to amend Section 89520 of the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 2505, as introduced, Berman.
Political Reform Act of 1974: campaign funds
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures, as defined, and imposing other reporting and recordkeeping requirements. The Fair Political Practices Commission administers and enforces the act. A violation of the act’s provisions, with certain exceptions, is punishable as a misdemeanor.
The act prohibits the use of campaign funds for certain purposes, including expenditures that confer substantial personal benefit that are not directly related to a political, legislative, or governmental purpose. These prohibitions are not subject to certain penalties, including the misdemeanor penalty described above.
This bill would subject a person who misuses campaign funds in violation of
these requirements resulting in an unlawful direct personal benefit with a monetary value of $10,000 or more to that misdemeanor penalty and an administrative penalty collected by the Commission of up $10,000 for each violation or three times the amount of the unlawful direct personal benefit.
By expanding the scope of the act’s criminal provision, the bill would impose a state-mandated local program.
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 of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 89520 of the Government Code is amended to read:89520.
(b) A person who violates this article by using campaign funds in a manner that results
in an unlawful direct personal benefit with a monetary value of ten thousand dollars ($10,000) or more is subject to both of the following:
(1) An administrative penalty collected by the Commission pursuant to Chapter 3 (commencing with Section 83100) of up to ten thousand dollars ($10,000) for each violation described in this subdivision or three times the amount of the unlawful direct personal benefit.
(2) Criminal liability under Section 91000.
