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AB-227 Political Reform Act of 1974: contribution prohibitions.(2021-2022)



Current Version: 01/12/21 - Introduced         Compare Versions information image


AB227:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 227


Introduced by Assembly Member Davies

January 12, 2021


An act to add Section 85323 to the Government Code, relating to the Political Reform Act of 1974.


LEGISLATIVE COUNSEL'S DIGEST


AB 227, as introduced, Davies. Political Reform Act of 1974: contribution prohibitions.
The Political Reform Act of 1974 imposes various limitations on contributions that may be made to, or accepted by, candidates for elective state office and committees organized for the support of candidates’ election campaigns. The act generally prohibits a person from making to a candidate for Governor, and a candidate for Governor from accepting, a contribution totaling more than $20,000 per election, except as specified. The act further limits the amount in contributions the Governor may accept after the Governor is elected for the purpose of paying expenses associated with holding the office. A violation of the act’s provisions is punishable as a misdemeanor and subject to specified penalties.
This bill would prohibit a Governor’s appointee, as defined, or a person residing in the appointee’s household, during the term of the appointment and for one year after the term expires, from making a monetary contribution to the Governor’s campaign, as defined, or to a committee organized to benefit the Governor’s campaign. The bill would prohibit a Governor’s appointee or a person residing in the appointee’s household from requesting or demanding that another person make such a contribution. The bill would also prohibit the Governor or a committee organized to benefit the Governor’s campaign from accepting such a contribution.
The bill would require a prospective Governor’s appointee, as defined, or a person residing in the prospective appointee’s household, who has made a monetary contribution to the Governor’s campaign or to a committee organized to benefit the Governor’s campaign, during a period of one year prior to the appointment, to immediately disclose the contribution to the Governor, and would prohibit the appointment unless the Governor or the committee refunds the contribution.
By expanding the scope of existing crimes with regard to contribution limitations, 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 85323 is added to the Government Code, to read:

85323.
 (a) For purposes of this section, the following definitions apply:
(1) “Governor’s campaign” means a campaign for the office of Governor.
(2) “Governor’s appointee” means an individual appointed by the Governor to an office, board, commission, or other public entity.
(3) “Governor’s prospective appointee” means an individual the Governor intends to appoint to an office, board, commission, or other public entity.
(b) Notwithstanding any other law, a Governor’s appointee or any person residing in the appointee’s household, including a spouse, domestic partner, or child, shall not do any of the following, during the term of the appointment and for one year following the expiration of the term:
(1) Make a monetary contribution to the Governor’s campaign or to a committee organized specifically to benefit the Governor’s campaign.
(2) Request or demand that another person make or offer a monetary contribution to the Governor’s campaign or to a committee organized specifically to benefit the Governor’s campaign.
(c) Notwithstanding any other law, the Governor or a committee organized specifically to benefit the Governor’s campaign, or any other person acting on their behalf, shall not accept a contribution prohibited by subdivision (b).
(d) Notwithstanding any other law, if a Governor’s prospective appointee or any person residing in the prospective appointee’s household, including a spouse, domestic partner, or child, during a period of one year prior to the appointment, has made a monetary contribution to the Governor’s campaign or to a committee organized specifically to benefit the Governor’s campaign, the prospective appointee shall, upon notice of the intended appointment, immediately disclose the contribution to the Governor. The appointment is prohibited unless the Governor or the committee, as applicable, refunds the contribution.

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.