Today's Law As Amended


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SB-1379 Political reform.(2013-2014)



As Amends the Law Today


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 84605 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.
 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)  A candidate for elective state, county, or city  office or a  committee controlled by that candidate shall not make a contribution to any other  another  candidate for elective state, county, or city office  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. This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions  85301, as adjusted  pursuant to Section 85702.5. 83124. 
(b) This section shall become operative on January 1, 2021.

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 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,  administrative  or criminal 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 county or city  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, four, six,  or four 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.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 two, three, four, six,  or four 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. 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. 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. 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.