Bill Text: CA SB1379 | 2013-2014 | Regular Session | Amended
Bill Title: Political reform.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2014-06-24 - Set, first hearing. Failed passage in committee. Reconsideration granted. [SB1379 Detail]
Download: California-2013-SB1379-Amended.html
BILL NUMBER: SB 1379 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN SENATE MAY 28, 2014
INTRODUCED BY Senator Huff
(Coauthors: Senators Berryhill, Cannella, Fuller, Gaines, Knight,
Morrell, Nielsen, Vidak, Walters, and Wyland)
FEBRUARY 21, 2014
An act to amend Sections 85305, 89513,
89514, and 89518 of, and to add Sections 84208, 85301.7,
85305.1, and 86205.5 , and 89514.5 to,
the Government Code, and to amend Sections 68 and 86 of the Penal
Code, relating to political reform, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1379, as amended, Huff. Political reform.
Existing law, the Political Reform Act of 1974, provides for the
comprehensive regulation of campaign financing, including requiring
the reporting of campaign contributions. The act imposes a
contribution limit of $3,000 on contributions made to, and received
by, candidates for elective state offices that are not statewide
elective offices. The act is administered and enforced by the Fair
Political Practices Commission, which is authorized to adjust the
contribution limit to reflect changes in the Consumer Price Index, as
specified. The act does not limit the amount of contributions that a
person may make to a committee that is primarily formed to support
or oppose one or more ballot measures. The act prohibits a candidate
for elective state office or a committee controlled by that candidate
from making a contribution to another candidate for elective state
office in excess of the contribution limit for elective state
offices.
The act imposes various restrictions and reporting requirements on
Members of the Legislature and candidates for either house of the
Legislature, including prohibiting or restricting earned income from
a lobbyist or lobbyist employer, restricting the receipt of gifts,
and restricting the purposes for which campaign funds may be
expended.
This bill would prohibit a person from making to a committee
controlled by a candidate for elective office that is primarily
formed to support or oppose one or more ballot measures, and prohibit
such a committee from receiving, a contribution in excess of the
contribution limit for elective state offices, as specified. The bill
would prohibit a candidate for any elective office, or the candidate'
s controlled committees, from making a contribution to another
candidate for elective office or a committee controlled by a
candidate that is primarily formed to support or oppose one or more
ballot measures in excess of the contribution limit established for
candidates for elective state office.
This bill would prohibit a committee controlled by a candidate for
elective office that is primarily formed to support or oppose one or
more ballot measures from expending campaign funds to make a
contribution or other transfer of campaign funds to a committee for a
purpose other than supporting or opposing a ballot measure that the
controlled committee was primarily formed to support or oppose.
This bill would prohibit a lobbyist or lobbyist employer from
providing any compensation to a spouse or dependent of a Member or
candidate, except as specified. The bill would prohibit campaign
funds from being used to compensate a spouse or dependent of a Member
of the Legislature or of a candidate for either house of the
Legislature. The bill would prohibit the use of campaign
funds from being used to pay a fine, a penalty, or legal fees arising
out of a criminal violation or to pay a spouse or dependent of a
Member of the Legislature or a candidate for either house of the
Legislature, except as specified. This bill would
prohibit the expenditure of campaign funds for attorney's fees and
other costs in connection with criminal litigation, and would limit
the payment of criminal litigation attorney's fees and other related
legal costs arising directly out of the conduct of an election
campaign, the electoral process, or the performance of the officer's
governmental activities or duties to funds deposited in a legal
defense account created pursuant to other specified provisions of
law. The bill would also prohibit a committee that is not a legal
defense committee from making an expenditure of campaign funds to any
legal defense account.
This bill would require a Member of the Legislature or a candidate
for either house of the Legislature to report to the Secretary of
State a contribution of one thousand dollars ($1,000) or greater
within three business days of receipt of the contribution.
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.
Existing law subjects any member of the Legislature or any member
of the legislative body of a city, county, city and county, school
district, or other special district, and every executive or
ministerial officer, employee, or appointee of the state, a county or
city, or political subdivision, who asks for or receives a bribe in
exchange for influence over his or her official action to
imprisonment in a state prison for 2, 3, or 4 years, and imposes
prescribed restitution fines based on whether a bribe has actually
been received.
This bill would increase the punishment to 4, 6, or 8 years in
state prison and would increase the restitution fines to twice the
original amount.
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. This act shall be known and may be cited as the
Legislative Reform and Transparency Act of 2014.
SEC. 2. Section 84208 is added to the Government Code, to read:
84208. In addition to any other reporting requirements of this
title, a Member of the Legislature or a candidate for either house of
the Legislature who is subject to the online or electronic
filing requirements set forth in Section 8460 5
shall report to the Secretary of State online or electronically
a contribution of one thousand dollars ($1,000) or greater
within three business days of receipt of the contribution.
SEC. 3. Section 85301.7 is added to the Government Code, to read:
85301.7. A For each period between
statewide general elections, as defined in Section 1200 of the
Elections Code, a person shall not make to a committee
controlled by a candidate for elective office that is primarily
formed to support or oppose one or more ballot measures, and such a
committee shall not accept from a person, a contribution in excess of
the contribution limit established pursuant to subdivision (a) of
Section 85301, as adjusted by the Commission pursuant to Section
83124. The contribution limit described in this section shall be the
aggregate amount of contributions that a candidate may accept
per contributor for his or her controlled committees that are
primarily formed to support or oppose one or more ballot measures,
regardless of the number of such committees controlled by that
candidate.
SEC. 4. Section 85305 of the Government Code is amended to read:
85305. A candidate for elective office or a committee controlled
by that candidate shall not make a contribution to another candidate
for elective office or to a committee controlled by another candidate
for elective office that is primarily formed to support or oppose
one or more ballot measures in excess of the limit established
pursuant to subdivision (a) of Section 85301, as adjusted pursuant to
Section 83124.
SEC. 5. Section 85305.1 is added to the Government Code, to read:
85305.1. Notwithstanding any other provision of this title or
Section 18680 of the Elections Code, a committee controlled by a
candidate for elective office that is primarily formed to support or
oppose one or more ballot measures shall not expend campaign funds to
make a contribution or other transfer of campaign funds to a
committee for a purpose other than supporting or opposing a ballot
measure that the controlled committee was primarily formed to support
or oppose.
SEC. 6. Section 86205.5 is added to the Government Code, to read:
86205.5. A lobbyist or lobbyist employer shall not provide any
compensation to a spouse or dependent of a Member of the Legislature
or a candidate for either house of the Legislature, unless the
compensation is for services performed in the ordinary course of
business or employment that is unrelated to an election, campaign
activity, or services provided for either house of the Legislature.
SEC. 7. Section 89513 of the Government Code is
amended to read:
89513. This section governs the use of campaign funds for the
specific expenditures set forth in this section. It is the intent of
the Legislature that this section shall guide the interpretation of
the standard imposed by Section 89512 as applied to other
expenditures not specifically set forth in this section.
(a) (1) Campaign funds shall not be used to pay or reimburse the
candidate, the elected officer, or any individual or individuals with
authority to approve the expenditure of campaign funds held by a
committee, or employees or staff of the committee or the elected
officer's governmental agency for travel expenses and necessary
accommodations except when these expenditures are directly related to
a political, legislative, or governmental purpose.
(2) For the purposes of this section, payments or reimbursements
for travel and necessary accommodations shall be considered as
directly related to a political, legislative, or governmental purpose
if the payments would meet standards similar to the standards of the
Internal Revenue Service pursuant to Sections 162 and 274 of the
Internal Revenue Code for deductions of travel expenses under the
federal income tax law.
(3) For the purposes of this section, payments or reimbursement
for travel by the household of a candidate or elected officer when
traveling to the same destination in order to accompany the candidate
or elected officer shall be considered for the same purpose as the
candidate's or elected officer's travel.
(4) Whenever campaign funds are used to pay or reimburse a
candidate, elected officer, his or her representative, or a member of
the candidate's household for travel expenses and necessary
accommodations, the expenditure shall be reported as required by
Section 84211.
(5) Whenever campaign funds are used to pay or reimburse for
travel expenses and necessary accommodations, any mileage credit that
is earned or awarded pursuant to an airline bonus mileage program
shall be deemed personally earned by or awarded to the individual
traveler. Neither the earning or awarding of mileage credit, nor the
redeeming of credit for actual travel, shall be subject to reporting
pursuant to Section 84211.
(b) (1) Campaign funds shall not be used to pay for or reimburse
the cost of professional services unless the services are directly
related to a political, legislative, or governmental purpose.
(2) Expenditures by a committee to pay for professional services
reasonably required by the committee to assist it in the performance
of its administrative functions are directly related to a political,
legislative, or governmental purpose.
(3) Campaign funds shall not be used to pay health-related
expenses for a candidate, elected officer, or any individual or
individuals with authority to approve the expenditure of campaign
funds held by a committee, or members of his or her household.
"Health-related expenses" includes, but is not limited to,
examinations by physicians, dentists, psychiatrists, psychologists,
or counselors, expenses for medications, treatments or medical
equipment, and expenses for hospitalization, health club dues, and
special dietary foods. However, campaign funds may be used to pay
employer costs of health care benefits of a bona fide employee or
independent contractor of the committee.
(c) Campaign funds shall not be used to pay or reimburse fines,
penalties, judgments, or settlements, except those resulting from
either of the following:
(1) Parking citations incurred in the performance of an activity
that was directly related to a political, legislative, or
governmental purpose.
(2) Any other action for which payment of attorney's fees from
contributions would be permitted pursuant to this title.
(d) Campaign funds shall not be used for campaign, business, or
casual clothing except specialty clothing that is not suitable for
everyday use, including, but not limited to, formal wear, if this
attire is to be worn by the candidate or elected officer and is
directly related to a political, legislative, or governmental
purpose.
(e) (1) Except where otherwise prohibited by law, campaign funds
may be used to purchase or reimburse for the costs of purchase of
tickets to political fundraising events for the attendance of a
candidate, elected officer, or his or her immediate family, or an
officer, director, employee, or staff of the committee or the elected
officer's governmental agency.
(2) Campaign funds shall not be used to pay for or reimburse for
the costs of tickets for entertainment or sporting events for the
candidate, elected officer, or members of his or her immediate
family, or an officer, director, employee, or staff of the committee,
unless their attendance at the event is directly related to a
political, legislative, or governmental purpose.
(3) The purchase of tickets for entertainment or sporting events
for the benefit of persons other than the candidate, elected officer,
or his or her immediate family are governed by subdivision (f).
(f) (1) Campaign funds shall not be used to make personal gifts
unless the gift is directly related to a political, legislative, or
governmental purpose. The refund of a campaign contribution does not
constitute the making of a gift.
(2) Nothing in this section shall prohibit the use of campaign
funds to reimburse or otherwise compensate a public employee for
services rendered to a candidate or committee while on vacation,
leave, or otherwise outside of compensated public time.
(3) An election victory celebration or similar campaign event, or
gifts with a total cumulative value of less than two hundred fifty
dollars ($250) in a single year made to an individual employee, a
committee worker, or an employee of the elected officer's agency, are
considered to be directly related to a political, legislative, or
governmental purpose. For purposes of this paragraph, a gift to a
member of a person's immediate family shall be deemed to be a gift to
that person.
(g) Campaign funds shall not be used to make loans other than to
organizations pursuant to Section 89515, or, unless otherwise
prohibited, to a candidate for elective office, political party, or
committee.
(h) Campaign funds shall not be used by a Member of the
Legislature or a candidate for either house of the Legislature to pay
a fine, a penalty, or legal fees arising out of a criminal violation
or an alleged criminal violation unless those campaign funds are
received or expended by a committee for the legal defense of the
Member or candidate.
SEC. 7. Section 89514 of the Government
Code is amended to read:
89514. Expenditures of campaign funds for attorney's fees and
other costs in connection with administrative, civil, or
criminal administrative or civil litigation are
not directly related to a political, legislative, or governmental
purpose except where the litigation is directly related to activities
of a committee that are consistent with its primary objectives or
arises directly out of a committee's activities or out of a candidate'
s or elected officer's activities, duties, or status as a candidate
or elected officer, including, but not limited to, an action to
enjoin defamation, defense of an action to enjoin defamation, defense
of an action brought for a violation of state or local campaign,
disclosure, or election laws, and an action arising from an election
contest or recount.
SEC. 8. Section 89514.5 is added to the
Government Code , to read:
89514.5. (a) Expenditures of campaign funds for attorney's fees
and other costs in connection with criminal litigation are not
directly related to a political, legislative, or governmental
purpose.
(b) Notwithstanding subdivision (a), attorney's fees and other
related legal costs incurred in connection with criminal litigation
arising directly out of the conduct of an election campaign, the
electoral process, or the performance of the officer's governmental
activities or duties may be paid for using funds deposited in a legal
defense account created pursuant to Section 85304 or 85304.5.
(c) A committee that is not a legal defense committee shall not
make an expenditure of campaign funds to a legal defense account
created pursuant to Section 85304 or 85304.5.
SEC. 8. SEC. 9. Section 89518 of the
Government Code is amended to read:
89518. (a) Campaign funds shall not be used to compensate a
candidate or elected officer for the performance of political,
legislative, or governmental activities, except for reimbursement of
out-of-pocket expenses incurred for political, legislative, or
governmental purposes.
(b) Campaign funds shall not be used to compensate any individual
or individuals with authority to approve the expenditure of campaign
funds for the performance of political, legislative, or governmental
activities, except as provided in subdivision (b) of Section 89513
and for reimbursement of out-of-pocket expenses incurred for
political, legislative, or governmental purposes.
(c) Campaign funds of a Member of the Legislature or of a
candidate for either house of the Legislature shall not be used to
compensate the spouse or a dependent of the Member or candidate.
SEC. 9. SEC. 10. Section 68 of the
Penal Code is amended to read:
68. (a) Every executive or ministerial officer, employee, or
appointee of the State of California, a city, county, city and county
therein, or a political subdivision thereof, who asks, receives, or
agrees to receive, any bribe, upon any agreement or understanding
that his or her vote, opinion, or action upon any matter then
pending, or that may be brought before him or her in his or her
official capacity, shall be influenced thereby, is punishable by
imprisonment in the state prison for four, six, or eight years and,
in cases in which no bribe has been actually received, by a
restitution fine of not less than four thousand dollars ($4,000) or
not more than twenty thousand dollars ($20,000) or, in cases in which
a bribe was actually received, by a restitution fine of at least the
actual amount of the bribe received or four thousand dollars
($4,000), whichever is greater, or any larger amount of not more than
double the amount of any bribe received or twenty thousand dollars
($20,000), whichever is greater, and, in addition thereto, forfeits
his or her office, employment, or appointment, and is forever
disqualified from holding any office, employment, or appointment, in
this state.
(b) In imposing a restitution fine pursuant to this section, the
court shall consider the defendant's ability to pay the fine.
SEC. 10. SEC. 11. Section 86 of the
Penal Code is amended to read:
86. (a) Every Member of either house of the Legislature, or any
member of the legislative body of a city, county, city and county,
school district, or other special district, who asks, receives, or
agrees to receive, any bribe, upon any understanding that his or her
official vote, opinion, judgment, or action shall be influenced
thereby, or shall give, in any particular manner, or upon any
particular side of any question or matter upon which he or she may be
required to act in his or her official capacity, or gives, or offers
or promises to give, any official vote in consideration that another
Member of the Legislature, or another member of the legislative body
of a city, county, city and county, school district, or other
special district shall give this vote either upon the same or another
question, is punishable by imprisonment in the state prison for
four, six, or eight years and, in cases in which no bribe has been
actually received, by a restitution fine of not less than four
thousand dollars ($4,000) or not more than twenty thousand dollars
($20,000) or, in cases in which a bribe was actually received, by a
restitution fine of at least the actual amount of the bribe received
or four thousand dollars ($4,000), whichever is greater, or any
larger amount of not more than double the amount of any bribe
received or twenty thousand dollars ($20,000), whichever is greater.
(b) In imposing a fine under this section, the court shall
consider the defendant's ability to pay the fine.
SEC. 11. SEC. 12. 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. 12. SEC. 13. 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. 13. SEC. 14. 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 before the 2014 general election, it is necessary that this act
take immediate effect.
