Bill Text: CA SB1103 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Political Reform Act of 1974: candidacy for elective state office.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-29 - Re-referred to Com. on RLS. [SB1103 Detail]

Download: California-2013-SB1103-Amended.html

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BILL NUMBER: SB 1103	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 17, 2014
	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN SENATE  MAY 15, 2014

INTRODUCED BY   Senator Padilla

                        FEBRUARY 19, 2014

   An act to add Section 85201.5 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 1103, as amended, Padilla. Political Reform Act of 1974:
candidacy for elective state office.
   The Political Reform Act of 1974 requires an individual to file a
statement of intention to be a candidate for an elective office,
signed under penalty of perjury, prior to soliciting or receiving a
contribution or loan. The act requires the individual to establish
one campaign contribution account, as specified, upon filing the
statement of intention to be a candidate.
   This  bill would provide that, if an individual files a
statement of intention to be a candidate for elective state office,
the filing of a subsequent statement of intention to be a candidate
for a different elective state office that is to be voted upon at the
same election would effect a revocation of the prior statement of
intention to be a candidate, and the individual would thereafter be
  prohibited from soliciting or receiving a contribution or
loan for the elective state office for which he or she previously
filed a statement of intention to be a candidate. The bill would
prohibit an individual from filing, and the Secretary of State from
accepting, a statement of intention to be a candidate for an
Assembly, Senate, or other constitutional office at an election other
than the next election or next 2 elections at which that office will
appear on the ballot, as specified. This  bill would prohibit
an elected state officer or candidate for elective state office who
has filed  a statement   statements  of
intention to be a candidate for  more than one elective state
office pursuant to Section 85200   multiple elective
state offices that are to be voted upon at separate elections 
from having more than 2 campaign contribution accounts open
simultaneously for purposes of receiving contributions in connection
with those elective state offices.
   A 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.
   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 85201.5 is added to the Government Code, to
read: 
   85201.5.  (a) 
    85201.5.    (a) If an individual has previously
filed a statement of intention to be a candidate for an elective
state office pursuant to Section 85200, the subsequent filing of a
statement of intention to be a candidate for a different elective
state office to be voted upon at the same election shall constitute a
revocation of the previously filed statement of intention to be a
candidate, and the individual shall not thereafter solicit or receive
a contribution or loan for the elective state office for which he or
she previously filed a statement of intention to be a candidate.
 
   (b) An individual shall not file, and the Secretary of State shall
not accept, either of the following:  
   (1) A statement of intention to be a candidate for the office of
Member of the Assembly at an election other than the next two
elections at which that office will appear on the ballot.  
   (2) A statement of intention to be a candidate for an elective
state office other than the office of Member of the Assembly at an
election other than the next election at which that elective state
office will appear on the ballot. 
    (c)    Notwithstanding Section 85201, an
elected state officer or candidate for elective state office who has
filed  a statement   statements  of
intention to be a candidate for  more than one elective state
office pursuant to Section 85200   multiple elective
state offices that are to be voted upon at separate elections 
shall in no event have more than two campaign contribution accounts
open simultaneously for purposes of receiving contributions in
connection with those elective state offices.
  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.