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SB-1697 Political Reform Act of 1974.(1995-1996)



Current Version: 09/30/96 - Chaptered

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SB1697:v93#DOCUMENT

Senate Bill No. 1697
CHAPTER 1056

An act to amend Sections 89502 and 89503 of the Government Code, relating to the Political Reform Act of 1974.

[ Filed with Secretary of State  September 30, 1996. Approved by Governor  September 28, 1996. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1697, Kopp. Political Reform Act of 1974.
Existing provisions of the Political Reform Act of 1974 prohibit a candidate for elective state office or for elective local office, among other public officials, from accepting any honorarium.
This bill would include a person who is a candidate for judicial office after December 31, 1996, within this prohibition.
Existing provisions of the act prohibit a candidate for elective state office or for elective local office, among other public officials, from accepting gifts with a total value of more than $250 from any single source in a calendar year. The act requires that this amount be adjusted biennially by the Fair Political Practices Commission to reflect changes in the Consumer Price Index. The current amount, pursuant to this adjustment requirement, is $280, by regulation of the commission.
This bill would include a person who is a candidate for judicial office after December 31, 1996, within this prohibition.
Existing law makes a violation of the act subject to administrative, civil, and criminal penalties.
This bill would impose a state-mandated local program by imposing these penalties on persons who violate the provisions of this bill. 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 with a 2/3 vote of each house and compliance with specified procedural requirements.
This bill, which would declare that it furthers the purposes of the Political Reform Act of 1974, would therefore require a 2/3 vote.

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


SECTION 1.

 Section 89502 of the Government Code is amended to read:

89502.
 (a)  No elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall accept any honorarium.
(b)  (1)  No candidate for elective state office, for judicial office, or for elective office in a local government agency shall accept any honorarium. A person shall be deemed 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 shall not be deemed 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 is earlier.
(2)  Paragraph (1) shall not apply to any person who is a candidate as described in paragraph (1) for judicial office on or before December 31, 1996.
(c)  No member of a state board or commission and no designated employee of a state or local government agency shall accept an honorarium from any source 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 any public institution of higher education unless that position is an elective office.

SEC. 2.

 Section 89503 of the Government Code is amended to read:

89503.
 (a)  No elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250).
(b)  (1)  No candidate for elective state office, for judicial office, or for elective office in a local government agency shall accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250). A person shall be deemed 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 shall not be deemed 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 is earlier.
(2)  Paragraph (1) shall not apply to any person who is a candidate as described in paragraph (1) for judicial office on or before December 31, 1996.
(c)  No member of a state board or commission or designated employee of a state or local government agency shall accept gifts from any single source in any 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 any 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)  Beginning on January 1, 1993, the commission shall adjust the gift limitation in this section on January 1 of each odd-numbered year to reflect changes in the Consumer Price Index, rounded to the nearest ten dollars ($10).
(g)  The limitations in this section are in addition to the limitations on gifts in Section 86203.

SEC. 3.

 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.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

SEC. 4.

 The Legislature finds and declares that the provisions of this act further the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.