Bill Text: CA SB948 | 2023-2024 | 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: contribution limitations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-07-15 - Chaptered by Secretary of State. Chapter 125, Statutes of 2024. [SB948 Detail]

Download: California-2023-SB948-Amended.html

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Amended  IN  Senate  March 14, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 948

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Introduced by Senator Gonzalez Limón and Assembly Member Zbur

January 18, 2024

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An act to amend Section 19676 of the Education Code, relating to boards of museum trustees. 85318 of the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL'S DIGEST

SB 948, as amended, Gonzalez Limón. Boards of museum trustees: rules, regulations, and bylaws. Political Reform Act of 1974: contribution limitations.

The Political Reform Act of 1974 authorizes a candidate for elective state, county, or city office to raise contributions for a general election before the primary election, and for a special general election before a special primary election, for the same office under specified conditions. If the candidate is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the act requires the candidate to refund the general election or special general election funds, as specified.

This bill would clarify that a candidate who does not file a declaration of candidacy to qualify for a primary election or special primary election is not subject to these requirements to refund the general election or special general election contributions, and that such a candidate may transfer these funds to a committee for the same or a different office as specified.

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.

Existing law authorizes any unincorporated town or village to establish, equip, and maintain a public library, and to also establish, equip, and maintain a public museum, as specified. Existing law prescribes the election procedures for the creation of a library district, and, if a majority of the votes at the election is in favor of a library district, requires the county board of supervisors to establish the library district and appoint 5 trustees, to be known as a board of library trustees, as specified. Existing law authorizes the board of library trustees to vote to establish a public museum in the library district and to constitute the board of library trustees as the board of museum trustees for purposes of managing the museum. Existing law requires a board of museum trustees to make and enforce all rules, regulations, and bylaws necessary for the administration, governance, and protection of the museum under the board’s management, and of all property belonging to the museum.

This bill would make nonsubstantive changes to that latter provision.

Digest Key

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 85318 of the Government Code is amended to read:

85318.

 (a) (1) A candidate for elective state, county, or city office may raise contributions for a general election before the primary election, and for a special general election before a special primary election, for the same elective state, county, or city office if the candidate sets aside these contributions and uses these contributions for the general election or special general election. If the candidate for elective state, county, or city office is defeated in the primary election or special primary election, or otherwise withdraws from the general election or special general election, the general election or special general election funds shall be refunded to the contributors on a pro rata basis less any expenses associated with the raising and administration of general election or special general election contributions. Notwithstanding

(2) A candidate who does not file a declaration of candidacy to qualify for a primary election or special primary election is not “defeated in the primary election or special primary election” and does not “otherwise withdraw from the general election or special general election” for the purposes of paragraph (1), and shall not be required to refund contributions pursuant to that paragraph. A candidate who does not file a declaration of candidacy to qualify for a primary election or special primary election may transfer funds to a committee established for the same or a different office subject to the attribution rules provided by subdivision (a) of Section 85306.

(3) Notwithstanding Section 85201, candidates for elective state, county, or city office may establish separate campaign contribution accounts for the primary and general elections or special primary and special general elections.

(b) This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5.

(c)This section shall become operative on January 1, 2021.

SEC. 2.

 The amendment of Section 85318 of the Government Code made by this act does not constitute a change in, but is declaratory of, existing law.

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.

SECTION 1.Section 19676 of the Education Code is amended to read:

19676.

The board of museum trustees shall make and enforce all rules, regulations, and bylaws necessary for the administration, governance, and protection of the museum under the board’s management, and of all property belonging to the museum.