Bill Text: CA AB1431 | 2013-2014 | Regular Session | Enrolled
Bill Title: Campaign contributions: school district and community college district administrators.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Vetoed) 2014-09-30 - Vetoed by Governor. [AB1431 Detail]
Download: California-2013-AB1431-Enrolled.html
BILL NUMBER: AB 1431 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 11, 2014
PASSED THE ASSEMBLY AUGUST 18, 2014
AMENDED IN SENATE JULY 3, 2014
AMENDED IN SENATE JUNE 18, 2014
AMENDED IN ASSEMBLY MAY 5, 2014
AMENDED IN ASSEMBLY APRIL 8, 2014
AMENDED IN ASSEMBLY MARCH 19, 2014
INTRODUCED BY Assembly Member Gonzalez
(Principal coauthor: Senator Hueso)
(Coauthors: Assembly Members Garcia and Quirk-Silva)
(Coauthor: Senator Anderson)
JANUARY 6, 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.
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.
