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AB-1431 Campaign contributions: school district and community college district administrators.(2013-2014)



Current Version: 08/20/14 - Enrolled        


AB1431:v93#DOCUMENT

Enrolled  August 20, 2014
Passed  IN  Senate  August 11, 2014
Passed  IN  Assembly  August 18, 2014
Amended  IN  Senate  July 03, 2014
Amended  IN  Senate  June 18, 2014
Amended  IN  Assembly  May 05, 2014
Amended  IN  Assembly  April 08, 2014
Amended  IN  Assembly  March 19, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 1431


Introduced by Assembly Member Gonzalez
(Principal coauthor: Senator Hueso)
(Coauthors: Assembly Members Garcia and Quirk-Silva)
(Coauthor: Senator Anderson)

January 06, 2014


An act to add Section 85705 to the Government Code, relating to the Political Reform Act of 1974.


LEGISLATIVE COUNSEL'S DIGEST


AB 1431, Gonzalez. Campaign contributions: school district and community college district administrators.
The Political Reform Act of 1974 establishes certain limits on the amount of contributions that a person or group can make to a candidate for elective state office, or to a committee.
This bill would prohibit an administrator of a school district or community college district, as defined, from knowingly soliciting, accepting, or receiving a contribution for the campaign of an elected official of the district employing the administrator, or any candidate for an office of the school district or community college district employing the administrator. The bill would clarify that this prohibition does not apply to an administrator who is soliciting, accepting, or receiving a contribution for his or her own campaign for an office of a school district or community college district. The bill would also prohibit an elected official of a school district or community college district, or a candidate for an office of a school district or community college district, from requesting an administrator of the school district or community college district to solicit, accept, or receive a contribution for the campaign of that elected official or candidate.
Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, 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.
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 and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 85705 is added to the Government Code, to read:

85705.
 (a) As used in this section:
(1) “Administrator of a community college district” includes the following:
(A) The superintendent, chancellor, or president of a community college district.
(B) A district level community college district official who reports directly to the superintendent, chancellor, or president of a community college district.
(2) “Administrator of a school district” includes the following:
(A) The superintendent of a school district.
(B) A district level school district official who reports directly to the superintendent.
(b) An administrator of a school district or community college district shall not knowingly solicit, accept, or receive a contribution for the campaign of an elected official of the school district or community college district employing the administrator, or any candidate for an office of the school district or community college district employing the administrator.
(c) An elected official of a school district or community college district, or a candidate for an office of a school district or community college district, shall not request an administrator of the school district or community college district to solicit, accept, or receive a contribution for the campaign of that elected official or candidate.
(d) This section does not prohibit an administrator of a school district or community college district from soliciting, accepting, or receiving a contribution for his or her own campaign for an office of the school district or community college district.

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.

 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.