Bill Text: CA SB1101 | 2013-2014 | Regular Session | Amended

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Bill Title: Political Reform Act of 1974.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2014-06-24 - Set, first hearing. Failed passage in committee. Reconsideration granted. [SB1101 Detail]

Download: California-2013-SB1101-Amended.html

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BILL NUMBER: SB 1101	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN SENATE  APRIL 30, 2014
	AMENDED IN SENATE  APRIL 2, 2014

INTRODUCED BY    Senator   Padilla 
 Senators   Padilla,   Corbett,   De
León,   Hill,   Roth,   and Steinberg


                        FEBRUARY 19, 2014

   An act to add Section 85301.5 to the Government Code, relating to
the Political Reform Act of 1974  , and declaring the urgency
thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   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) in 
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,
inclusive   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, inclusive  . 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 for  a
local elective office or  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.

   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 85301.5 is added to the Government Code, to
read:
   85301.5.  (a) Except as provided in subdivision  (b)
  (c   )  , a person shall not make to a
Member of the Legislature, and a Member of the Legislature shall not
solicit or accept, a contribution during the following periods:

   (1) In an odd-numbered year, on the date the Legislature adjourns
the regular session for a joint recess to reconvene in the second
calendar year of the biennium of the regular session, during the
100-day period preceding that date, and during the seven-day period
following that date.  
   (2) In an even-numbered year, the period from May 23 to September
7, inclusive.  
   (1) In each year, the period from the date on which the Director
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 pursuant
to subdivision (e) of Section 13308 to the date of enactment of a
Budget Bill for the fiscal year commencing on July 1 of the same
year, inclusive.  
   (2) 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.  
   (3) In each even-numbered year, the period from August 1 to August
31, inclusive.  
   (b) Each house of the Legislature may take any disciplinary action
it deems appropriate against a Member of that house who violates
subdivision (a), including, but not limited to, reprimand, censure,
suspension, or expulsion.  
   (b) 
    (   c)  Subdivision (a) does not prohibit
 either of the following:   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. 

   (1) A contribution made to, or solicited or accepted by, a Member
of the Legislature for purposes of that Member's candidacy for a
local elective office.  
   (2) 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.

  SEC. 2.  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.
  SEC. 3.  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.
   SEC. 4.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to implement these proposals at the earliest possible
time prior to the 2014 General Election, it is necessary that this
act take immediate effect.