Amended
IN
Assembly
May 10, 2011 |
Amended
IN
Assembly
April 25, 2011 |
Amended
IN
Assembly
March 31, 2011 |
Introduced by
Assembly Member
Huffman, Fletcher (Principal Coauthor(s): Assembly Member Roger Hernández) |
February 15, 2011 |
(4)Existing law imposes specified limits on the amounts that may be contributed
for purposes of an election to specified candidates by persons and small contributor committees, as defined, and on the amounts that may be contributed to campaign committees and political party committees. Existing law further imposes specified limits on the amounts that may be contributed to specified office holders after an election for the purpose of paying expenses associated with holding office. In addition, existing law sets specified limits on campaign expenditures for those candidates for elective state office who have voluntarily accepted the expenditure limits. Under existing law, all of the foregoing limits are adjusted biennially by the Commission to reflect any increase or decrease in the Consumer Price Index.
This bill would set all of those contribution and expenditure limits at the amounts as most recently adjusted by the Commission and would repeal the authority of the Commission to make any further adjustments to those limits.
(5)
(6)
(7)
(8)Existing law imposes specified restrictions on gifts that may be received by public officials. Specifically, existing law prohibits a public official from accepting gifts from, or from influencing a governmental decision that will have a material financial effect on, any single source in a calendar year with a total value of more than an amount as adjusted biennially by the Commission to reflect any increase or decrease in the Consumer Price Index.
This bill would set the limit on gifts from most sources at $250 per calendar year and would repeal the authority of the Commission to make any further adjustments to that limit.
(9)Existing law prohibits a
Member of the Legislature, for a period of one year after leaving office, from acting as an agent or attorney or otherwise representing, for compensation, any other person by making a formal or informal appearance or making an oral or written communication before the Legislature, a legislative committee, a Member of the Legislature, or an officer or employee of the Legislature for the purpose of influencing legislative action.
This bill would impose those prohibitions on an employee of the Legislature for a period of one year after leaving his or her employment with the Legislature.
(10)
(11)
(12)
(13)
(14)
(c)
(c)
NOTICE TO VOTERS | |
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(a)A person, other than a small contributor committee or political party committee, may not make to a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office may not accept from a person, any contribution totaling more than three thousand nine hundred dollars ($3,900) per election.
(b)Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, may not make to a candidate for statewide elective office, and, except a candidate for Governor, a candidate for statewide elective office may not accept from
a person other than a small contributor committee or a political party committee, any contribution totaling more than six thousand five hundred dollars ($6,500) per election.
(c)A person, other than a small contributor committee or political party committee, may not make to a candidate for Governor, and a candidate for Governor may not accept from a person other than a small contributor committee or political party committee, any contribution totaling more than twenty-six thousand dollars ($26,000) per election.
(d)The provisions of this section do not apply to a candidate’s contributions of his or her personal funds to his or her own
campaign.
(a)A small contributor committee may not make to a candidate for elective state office other than a candidate for statewide elective office, and a candidate for elective state office other than a candidate for statewide elective office may not accept from a small contributor committee, any contribution totaling more than seven thousand eight hundred dollars ($7,800) per election.
(b)Except to a candidate for Governor, a small contributor committee may not make to a candidate for statewide elective office, and, except for a candidate for Governor, a candidate for statewide elective office may not accept from a small contributor committee, any contribution totaling more than thirteen
thousand dollars ($13,000) per election.
(c)A small contributor committee may not make to a candidate for Governor, and a candidate for Governor may not accept from a small contributor committee, any contribution totaling more than twenty-six thousand dollars ($26,000) per election.
(a)A person may not make to a committee other than a political party committee, and a committee other than a political party committee may not accept, any contribution totaling more than six thousand five hundred dollars ($6,500) per calendar year for the purpose of making contributions to candidates for elective state office.
(b)A person may not make to a political party committee, and a political party committee may not accept, any contribution totaling more than thirty-two thousand five hundred dollars ($32,500) per calendar year for the purpose of making contributions for the support or defeat of candidates for elective state office. Notwithstanding Section 85312, this limit
applies to contributions made to a political party used for the purpose of making expenditures at the behest of a candidate for elective state office for communications to party members related to the candidate’s candidacy for elective state office.
(c)Except as provided in Section 85310, nothing in this chapter shall limit a person’s contributions to a committee or political party committee provided the contributions are used for purposes other than making contributions to candidates for elective state office.
(d)Nothing in this chapter limits a candidate for elective state office from transferring contributions received by the candidate in excess of any amount necessary to defray the candidate’s expenses for election-related activities or holding office to a political party committee, provided those transferred contributions are used for purposes consistent with paragraph (4)
of subdivision (b) of Section 89519.
(a)Except as provided in subdivision (b), a contribution for an election may be accepted by a candidate for elective state office after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limit for that election.
(b)Notwithstanding subdivision (a), an elected state officer may accept contributions after the date of the election for the purpose of paying expenses associated with holding the office provided that the contributions are not expended for any contribution to any state or local committee. Contributions received pursuant to this
subdivision shall be deposited into a bank account established solely for the purposes specified in this subdivision.
(1)No person shall make, and no elected state officer shall receive from a person, a contribution pursuant to this subdivision totaling more than the following amounts per calendar year:
(A)Three thousand two hundred dollars ($3,200) in the case of an elected state officer of the Assembly or Senate.
(B)Five thousand four hundred dollars ($5,400) in the case of a statewide elected state officer other than the Governor.
(C)Twenty-one thousand six hundred dollars ($21,600) in the case of the Governor.
(2)No elected state officer shall receive contributions pursuant to
paragraph (1) that, in the aggregate, total more than the following amounts per calendar year:
(A)Fifty-three thousand nine hundred dollars ($53,900) in the case of an elected state officer of the Assembly or Senate.
(B)One hundred seven thousand nine hundred dollars ($107,900) in the case of a statewide elected state officer other than the Governor.
(C)Two hundred fifteen thousand eight hundred dollars ($215,800) in the case of the Governor.
(3)Any contribution received pursuant to this subdivision shall be deemed to be a contribution to that candidate for election to any state office that he or she may seek during the term of office to which he or she is currently elected, including, but not limited to, reelection to the office he or she currently
holds, and shall be subject to any applicable contribution limit provided in this title. If a contribution received pursuant to this subdivision exceeds the allowable contribution limit for the office sought, the candidate shall return the amount exceeding the limit to the contributor on a basis to be determined by the Commission. None of the expenditures made by elected state officers pursuant to this subdivision shall be subject to the voluntary expenditure limitations in Section 85400.
(a)A candidate for elective state office, other than the Board of Administration of the Public Employees’ Retirement System, who voluntarily accepts expenditure limits may not make campaign expenditures in excess of the following:
(1)For an Assembly candidate, five hundred twenty thousand dollars ($520,000) in the primary or special primary election and nine hundred nine thousand dollars ($909,000) in the general or special general election.
(2)For a Senate candidate, seven hundred eighty thousand dollars ($780,000) in the primary or special primary election and one million one hundred sixty-nine thousand dollars
($1,169,000) in the general or special general election.
(3)For a candidate for the State Board of Equalization, one million two hundred ninety-nine thousand dollars ($1,299,000) in the primary election and one million nine hundred forty-nine thousand dollars ($1,949,000) in the general election.
(4)For a statewide candidate other than a candidate for Governor or the State Board of Equalization, five million one hundred seventy-nine thousand dollars ($5,179,000) in the primary election and seven million seven hundred ninety-five thousand dollars ($7,795,000) in the general election.
(5)For a candidate for Governor, seven million seven hundred ninety-five thousand dollars ($7,795,000) in the primary election and twelve million nine hundred ninety-two thousand dollars ($12,992,000) in the general election.
(b)For purposes of this section, “campaign expenditures” has the same meaning as “election-related activities” as defined in clauses (i) to (vi), inclusive, and clause (viii) of subparagraph (C) of paragraph (2) of subdivision (b) of Section 82015.
(c)A campaign expenditure made by a political party on behalf of a candidate may not be attributed to the limitations on campaign expenditures set forth in this section.
A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of the following:
(a)Any business entity in which the public official has a direct or indirect investment worth two thousand dollars ($2,000) or more.
(b)Any real property in which the public official has a direct or indirect interest worth two thousand dollars ($2,000) or more.
(c)Any source of income, except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided or promised to, or received by, the public official within 12 months prior to the time when the decision is made.
(d)Any business entity in which the public official is a director, officer, partner, trustee, or employee, or in which the public official holds any position of management.
(e)Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made.
(f)For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official or the official’s agents, spouse, or dependent children own directly, indirectly, or beneficially a 10-percent interest or greater.
(a)This section shall be known, and may be cited, as the Milton Marks Postgovernment Employment Restrictions Act of 1990.
(b)No Member of the Legislature, for a period of one year after leaving office, and no designated employee of the Legislature, for a period of one year after leaving his or her employment with the Legislature, shall, for compensation, act as agent or attorney for, or otherwise represent, any other person by making a formal or informal appearance, or by making an oral or written communication, before the Legislature, a committee or subcommittee thereof, a current Member of the Legislature, or an officer or employee thereof, if the appearance or communication is
made for the purpose of influencing legislative action.
(c)No elected state officer, other than a Member of the Legislature, for a period of one year after leaving office, shall, for compensation, act as agent or attorney for, or otherwise represent, any other person by making a formal or informal appearance, or by making an oral or written communication, before a state administrative agency, or an officer or employee thereof, if the appearance or communication is for the purpose of influencing administrative action or influencing an action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. For purposes of this subdivision, an appearance before a “state administrative agency” does not include an appearance in a court of law, before an administrative law judge, or before the Workers’ Compensation Appeals Board.
(d)(1)No designated employee of a state administrative agency, an officer, employee, or consultant of a state administrative agency who holds a position that entails the making, or participation in the making, of decisions that may foreseeably have a material effect on a financial interest, and no member of a state administrative agency, for a period of one year after leaving office or employment, shall, for compensation, act as agent or attorney for, or otherwise represent, any other person by making a formal or informal appearance, or by making an oral or written communication, before a state administrative agency, or an officer or employee thereof, for which he or she worked or that he or she represented during the 12 months before leaving office or employment, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing an action or proceeding involving
the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. For purposes of this paragraph, an appearance before a state administrative agency does not include an appearance in a court of law, before an administrative law judge, or before the Workers’ Compensation Appeals Board. The prohibition of this paragraph only applies to designated employees employed by a state administrative agency on or after January 7, 1991.
(2)For purposes of paragraph (1), a state administrative agency of a designated employee of the Governor’s office includes any state administrative agency subject to the direction and control of the Governor.
(e)The prohibitions contained in subdivisions (b), (c), and (d) do not apply to an individual subject to this section who is or becomes any of the following:
(1)An officer or employee of another state agency, board, or commission if the appearance or communication is for the purpose of influencing legislative or administrative action on behalf of the state agency, board, or commission.
(2)An official holding an elective office of a local government agency if the appearance or communication is for the purpose of influencing legislative or administrative action on behalf of the local government agency.
(f)This section shall become operative on January 1, 1991, but only if Senate Constitutional Amendment No. 32 of the 1989–90 Regular Session is approved by the voters. With respect to Members of the
Legislature whose current term of office on January 1, 1991, began in December 1988, this section shall not apply until January 1, 1993.
(a)An elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall not accept gifts from any single source in a calendar year with a total value of more than two hundred fifty dollars ($250).
(b)(1)A candidate for elective state office, for judicial office, or for elective office in a local government agency shall not accept gifts from any single source in a calendar year with a total value of more than two hundred fifty dollars ($250). A person is a candidate for purposes of this subdivision when the person has filed a statement of organization as a committee for election to a state or local
office, a declaration of intent, or a declaration of candidacy, whichever occurs first. A person is not a candidate for purposes of this subdivision after he or she is sworn into the elective office, or, if the person lost the election, after the person has terminated his or her campaign statement filing obligations for that office pursuant to Section 84214 or after certification of the election results, whichever occurs earlier.
(2)Paragraph (1) shall not apply to a person who is a candidate as described in paragraph (1) for judicial office on or before December 31, 1996.
(c)A member of a state board or commission or designated employee of a state or local government agency shall not accept gifts from any single source in a calendar year with a total value of more than two hundred fifty dollars ($250) if the member or employee would be required to report the receipt of income
or gifts from that source on his or her statement of economic interests.
(d)This section shall not apply to a person in his or her capacity as judge. This section shall not apply to a person in his or her capacity as a part-time member of the governing board of a public institution of higher education unless that position is an elective office.
(e)This section shall not prohibit or limit the following:
(1)Payments, advances, or reimbursements for travel and related lodging and subsistence permitted by Section 89506.
(2)Wedding gifts and gifts exchanged between individuals on birthdays, holidays, and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value.
(f)The limitations on gifts in this section are effective beginning on January 1, 2012.
(g)The limitations in this section are in addition to the limitations on gifts in Section 86203.