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AB-1234 Political Reform Act of 1974: contribution limitations.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
AB1234:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1234


Introduced by Assembly Member Levine

February 17, 2017


An act to amend Section 85301 of the Government Code, relating to the Political Reform Act of 1974, and calling an election, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1234, as introduced, Levine. Political Reform Act of 1974: contribution limitations.
The Political Reform Act of 1974 prohibits a public officer from expending or accepting any public moneys for the purpose of seeking elective office. The act imposes various limitations on contributions that may be made to, or accepted by, candidates for elective office, for statewide elective office, and for Governor. The act exempts a political party committee from these contribution limitations.
The act makes a violation of its provisions punishable as a misdemeanor and subject to specified penalties.
This bill instead would make political party committees subject to these contribution limitations. By expanding the scope of an existing crime with regard to a violation of the contribution limitation, the 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.
The Political Reform Act of 1974, an initiative measure, provides that the act may be amended by a statute that becomes effective upon approval of the voters.
This bill would call a special election to be consolidated with the statewide direct primary scheduled for June 5, 2018. It would require the Secretary of State to submit the provisions of the bill that would amend the Political Reform Act of 1974 to the voters for approval at that election.
This bill would declare that it is to take effect immediately as an act calling an election.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 85301 of the Government Code is amended to read:

85301.
 (a) A person, other than a small contributor committee or political party committee, may committee, shall not make to any 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 shall not accept from a person, any contribution totaling more than three thousand dollars ($3,000) per election.
(b) Except to a candidate for Governor, a person, other than a small contributor committee or political party committee, may committee, shall not make to any candidate for statewide elective office, and except a candidate for Governor, a candidate for statewide elective office may shall not accept from a person other than a small contributor committee or a political party committee, any contribution totaling more than five thousand dollars ($5,000) per election.
(c) A person, other than a small contributor committee or political party committee, may committee, shall not make to any candidate for Governor, and a candidate for governor may shall not accept from any person other than a small contributor committee or political party committee, any contribution totaling more than twenty thousand dollars ($20,000) 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.

SEC. 2.

 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. 3.

 (a) A special election is hereby called to be held throughout the state on June 5, 2018. The election shall be consolidated with the statewide direct primary election to be held on that date. The consolidated election shall be held and conducted in all aspects as if there were only one election, and only one form of ballot shall be used.
(b) Notwithstanding Section 9040 of the Elections Code or any other provision of law, the Secretary of State shall, pursuant to subdivision (b) of Section 81012 of the Government Code, submit Section 1 of this act to the voters for approval at the June 5, 2018 statewide direct primary election.

SEC. 4.

 This act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.