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AB-774 Political Reform Act of 1974: contribution limitations.(2017-2018)

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Date Published: 02/15/2017 09:00 PM
AB774:v99#DOCUMENT

Revised  April 05, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 774

Introduced by Assembly Member Harper
(Coauthor: Assembly Member Gallagher)
(Coauthor: Senator Moorlach)

February 15, 2017

An act to amend Section 85320 of the Government Code, relating to the Political Reform Act of 1974.


LEGISLATIVE COUNSEL'S DIGEST


AB 774, as introduced, Harper. Political Reform Act of 1974: contribution limitations.
The Political Reform Act of 1974 imposes various limitations on contributions that may be made to, or accepted by, candidates for elective office and campaign committees that support or oppose candidates and ballot measures. The act prohibits a foreign government or principal, as defined, from making a contribution or expenditure in connection with a ballot measure. The act also prohibits a person or committee from soliciting or accepting a contribution from a foreign government or principal for this purpose.
This bill would expand the scope of these prohibitions by also prohibiting a government, principal, or national from making a contribution or expenditure, and a person or committee from soliciting or accepting this type of contribution, in connection with an election.
A violation of the act’s provisions is punishable as a misdemeanor. 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 of the Legislature 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 85320 of the Government Code is amended to read:

85320.
 (a) No A foreign government or foreign principal government, foreign principal, or foreign national shall not make, directly or through any other person, any a contribution, expenditure, or independent expenditure in connection with an election, including the qualification or support of, or opposition to, any a state or local ballot measure.
(b) No A person and no or a committee shall not solicit or accept a contribution from a foreign government or foreign principal government, foreign principal, or foreign national in connection with an election, including the qualification or support of, or opposition to, any a state or local ballot measure.
(c) For the purposes of this section, a “foreign section, the following definitions apply: principal”
(1) “Foreign national” means a person who is not a citizen of the United States and who is not lawfully admitted for permanent residence.
(2) “Foreign principal” includes the following:

(1)

(A) A foreign political party.

(2)

(B) A person outside the United States, unless either of the following is established:

(A)

(i) The person is an individual and a citizen of the United States.

(B)

(ii) The person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business within the United States.

(3)

(C) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.

(4)

(D) A domestic subsidiary of a foreign corporation if the decision to contribute or expend funds is made by an officer, director, or management employee of the foreign corporation who is neither a citizen of the United States nor a lawfully admitted permanent resident of the United States.
(d) This section shall does not prohibit a contribution, expenditure, or independent expenditure made by a lawfully admitted permanent resident.
(e) Any A person who violates this section shall be is guilty of a misdemeanor and shall be fined an amount equal to punishable by a fine in the amount contributed or expended.

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.
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REVISIONS:
Heading–Line 2.
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