Bill Text: CA SB248 | 2023-2024 | Regular Session | Introduced

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

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Bill Title: Political Reform Act of 1974: disclosures: candidate experience.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-09-01 - September 1 hearing: Held in committee and under submission. [SB248 Detail]

Download: California-2023-SB248-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 248

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Introduced by Senator Newman

January 26, 2023

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An act to add Chapter 4.8 (commencing with Section 84800) to Title 9 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL'S DIGEST

SB 248, as introduced, Newman. Political Reform Act of 1974: disclosures: candidate experience.

(1) Existing law requires candidates to submit specified filings to declare their intent to run for elective office. Existing law, the Political Reform Act of 1974, additionally requires candidates for elective office to make various disclosures relating to a campaign for elective office.

This bill would require, on or after April 1, 2024, a candidate for elective office to file with the Secretary of State, no later than the final filing date of a declaration of candidacy, a form to disclose the candidate’s prior education and work history, and history of military service, if any. The filing would contain a statement, signed under penalty of perjury, that the information contained in the form is accurate to the best of the candidate’s knowledge.

The bill would require the Secretary of State to create a form for this purpose on or before April 1, 2024, and to post on its internet website a copy of completed forms submitted by candidates, making such forms available to the public for four years from the date of the election associated with the filing.

The bill would state that it is the intent of the Legislature that a violation of these provisions be considered grounds for disqualification from elective office, and that a governing body with the power to remove an elected officer from an office may consider violation of this chapter as grounds for such removal.

(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(3) A violation of the Political Reform Act of 1974 is punishable as a misdemeanor, and reports and statements filed under the act are required to be signed under the penalty of perjury. By expanding the scope of existing crimes, 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.

(4) 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: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Chapter 4.8 (commencing with Section 84800) is added to Title 9 of the Government Code, to read:

CHAPTER  4.8. Candidate Experience Disclosure

84800.

 On or before April 1, 2024, the Secretary of State shall create a form for candidates for elective office to disclose their prior education and work history, and history of military service, if any.

84801.

 (a) On or after April 1, 2024, a candidate for elective office shall, no later than the final filing date of a declaration of candidacy, file the form created pursuant to Section 84800 with the Secretary of State.

(b) A candidate for elective office also shall file a statement, signed under the penalty of perjury, that the information contained in the form is accurate to the best of the candidate’s knowledge.

84802.

 (a) The Secretary of State shall post on its internet website a copy of the completed form submitted by a candidate in accordance with Section 84801.

(b) A completed form posted in accordance with this section shall be made available to the public for four years from the date of the election associated with the filing.

84803.

 In addition to the remedies provided under Chapter 11 of this title, it is the intent of the Legislature that violation of this chapter be considered grounds for disqualification from elective office. A governing body with the power to remove an elected officer from an elective office may consider violation of this chapter as grounds for such removal.

SEC. 2.

 The Legislature finds and declares that the integrity of candidates for elective office is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 4.8 to Title 9 of the Government Code applies to all cities, including charter cities.

SEC. 3.

 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. 4.

 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.