Bill Text: CA SB1379 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 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 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 Section 1748.1 of the Civil Code,
relating to credit cards. An act to amend Sections
85305, 89513, and 89518 of, and to add Sections 84208, 85301.7,
85305.1, and 86205.5 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. Credit cards.
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 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.
The Song-Beverly Credit Card Act of 1971 generally regulates
credit card transactions and prohibits a retailer in any sales,
service, or lease transaction with a consumer from imposing a
surcharge on a cardholder who elects to use a credit card in lieu of
payment by cash, check, or similar means. The act requires a retailer
who willfully violates this prohibition to be liable to the
cardholder for 3 times the amount at which actual damages are
assessed, as specified.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no 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 shall 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.
SEC. 3. Section 85301.7 is added to the
Government Code , to read:
85301.7. 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 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 state office
or a committee controlled by that candidate may
shall not make any a
contribution to any other another
candidate for elective state 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 limits set forth in
limit established pursuant to subdivision (a) of Section
85301. 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. 8. 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. 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 county or city
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 two, three, or four four,
six, or eight years and, in cases in which no bribe has been
actually received, by a restitution fine of not less than
two four thousand dollars ($2,000)
($4,000) or not more than ten
twenty thousand dollars ($10,000)
($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 two four thousand dollars
($2,000) ($4,000) , whichever is
greater, or any larger amount of not more than double the amount of
any bribe received or ten twenty
thousand dollars ($10,000) ($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. 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 two, three, or four
four, six, or eight years and, in cases in which
no bribe has been actually received, by a restitution fine of not
less than two four thousand dollars
($2,000) ($4,000) or not more than
ten twenty thousand dollars
($10,000) ($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 two
four thousand dollars ($2,000) ($4,000)
, whichever is greater, or any larger amount of not more than
double the amount of any bribe received or ten
twenty thousand dollars ($10,000)
($20,000) , whichever is greater.
In
(b) In imposing a fine under this
section, the court shall consider the defendant's ability to pay the
fine.
SEC. 11. 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. 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. 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.
SECTION 1. Section 1748.1 of the Civil Code is
amended to read:
1748.1. (a) A retailer in any sales, service, or lease
transaction with a consumer shall not impose a surcharge on a
cardholder who elects to use a credit card in lieu of payment by
cash, check, or similar means. A retailer may, however, offer
discounts for the purpose of inducing payment by cash, check, or
other means not involving the use of a credit card, provided that the
discount is offered to all prospective buyers.
(b) A retailer who willfully violates this section by imposing a
surcharge on a cardholder who elects to use a credit card and who
fails to pay that amount to the cardholder within 30 days of a
written demand by the cardholder to the retailer by certified mail,
shall be liable to the cardholder for three times the amount at which
actual damages are assessed. The cardholder shall also be entitled
to recover reasonable attorney's fees and costs incurred in the
action.
A cause of action under this section may be brought in small
claims court, if it does not exceed the jurisdiction of that court,
or in any other appropriate court.
(c) A consumer shall not be deemed to have elected to use a credit
card in lieu of another means of payment for purposes of this
section in a transaction with a retailer if only credit cards are
accepted by that retailer in payment for an order made by a consumer
over a telephone, and only cash is accepted at a public store or
other facility of the same retailer.
(d) Charges for third-party credit card guarantee services, when
added to the price charged by the retailer if cash were to be paid,
shall be deemed surcharges for purposes of this section even if they
are payable directly to the third party or are charged separately.
(e) It is the intent of the Legislature to promote the effective
operation of the free market and protect consumers from deceptive
price increases for goods and services by prohibiting credit card
surcharges and encouraging the availability of discounts by those
retailers who wish to offer a lower price for goods and services
purchased by some form of payment other than credit card.
(f) This section does not apply to charges for payment by credit
card or debit card that are made by an electrical, gas, or water
corporation and approved by the Public Utilities Commission pursuant
to Section 755 of the Public Utilities Code.
