Bill Text: CA AB1431 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1431	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2014
	AMENDED IN ASSEMBLY  MARCH 19, 2014

INTRODUCED BY   Assembly Member Gonzalez
    (   Principal coauthor:   Senator 
 Hueso   ) 
   (  Coauthor:   Assembly Member 
 Quirk-Silva   Coauthors:   Assembly
Members   Garcia   and Quirk-Silva  )
    (   Coauthor:   Senator
  Hueso   ) 

                        JANUARY 6, 2014

   An act to add  Sections 72030 and 72030.1 to, and to add
Article 4 (commencing with Section 5098) to Chapter 1 of Part 4 of
Division 1 of Title 1 of, the Education Code,    Section
85705 to the Government Code,   relating to the Political
Reform Act of 1974.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1431, as amended, Gonzalez.  School  
Campaign contributions: school  district and community college
 district  administrators  : conflict of interest
 . 
   Existing law provides for election of certain officials of school
districts and community college districts.  
   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  provide that   prohibit
 an administrator of a school district or community college
district  may participate in political management or in
political campaigns, but would prohibit the administrator 
from knowingly soliciting, accepting, or receiving a 
political  contribution  from any person 
for the campaign of an elected official of the district employing the
administrator, or any candidate for  that office, 
 an office of the school district or community college district
employing the administrator,  unless the  person making
the contribution   contributor  is  a
member of the same school labor organization  
represented by the same exclusive representative  as the
administrator  , as specified  .  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.  
   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 require the Fair Political Practices Commission to
enforce the provisions of the bill, thereby amending the Political
Reform Act of 1974 by enhancing the duties of the commission.

   This bill would  also  declare that it furthers
the purposes of the act.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Article 4 (commencing with Section
5098) is added to Chapter 1 of Part 4 of Division 1 of Title 1 of the
Education Code, to read:

      Article 4.  Conflict of Interest


   5098.  An administrator of a school district may participate in
political management or in political campaigns, except that an
administrator of a school district may not knowingly solicit, accept,
or receive a political contribution from any person for the campaign
of an elected official of the school district employing the
administrator, or any candidate for that office, unless the person
making the contribution is a member of the same school labor
organization as the administrator.
   5098.1.  The Fair Political Practices Commission shall enforce
this article.  
  SEC. 2.    Section 72030 is added to the Education
Code, to read:
   72030.  An administrator of a community college district may
participate in political management or in political campaigns, except
that an administrator of a community college district may not
knowingly solicit, accept, or receive a political contribution from
any person for the campaign of an elected official of the community
college district employing the administrator, or any candidate for
that office, unless the person making the contribution is a member of
the same school labor organization as the administrator. 

  SEC. 3.    Section 72030.1 is added to the
Education Code, to read:
   72030.1.  The Fair Political Practices Commission shall enforce
Section 72030. 
   SECTION 1.    Section 85705 is added to the 
 Government Code   , to read:  
   85705.  (a) 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, unless the contributor
is represented by the same exclusive representative as the
administrator within the meaning of Section 3543 or 3573.
   (b) 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. 4.   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.