Bill Text: CA AB2523 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Local elective offices: contribution limitations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB2523 Detail]

Download: California-2015-AB2523-Amended.html

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BILL NUMBER: AB 2523	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 19, 2016

   An act to add Part 7 (commencing with Section 10800) to Division
10 of, and to repeal Sections 10003, 10202, and 10544 of, the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2523, as amended, Mullin. Local elective offices: contribution
limitations.
   The Political Reform Act of 1974 prohibits a person, other than a
small contributor committee or political party committee, from making
to a candidate for elective state office, for statewide elective
office, or for office of the Governor, and prohibits those candidates
from accepting from a person, a contribution totaling more than a
specified amount per election. For a candidate for elective state
office other than a candidate for statewide elective office, the
limitation on contributions is $3,000 per election, as that amount is
adjusted by the Fair Political Practices Commission in January of
every odd-numbered year.
   Existing law authorizes a county, city, or district to limit
campaign contributions in local elections. The act specifies that it
does not prevent the Legislature or any other state or local agency
from imposing additional requirements on a person if the requirements
do not prevent the person from complying with the act, and that the
act does not nullify contribution limitations or prohibitions by any
local jurisdiction that apply to elections for local elective office,
as specified.
   This bill would prohibit a person from making to a candidate for
local elective office, and would prohibit a candidate for local
elective office from accepting from a person, a contribution totaling
more than the amount set forth for limitations on contributions to a
candidate for elective state office. This bill would authorize a
county, city, special district, or school district to impose a
limitation that  is equal to or lower than that limitation,
except as specified.   different from the limitation
imposed by this bill.  This bill would make a violation of the
contribution limitation imposed by the bill punishable as a
misdemeanor and subject to a specified civil fine administered by the
district attorney of the county in which the violation occurs. 
This bill would also authorize a local government that imposes a
limitation that is different from the limitation imposed by this bill
to adopt enforcement standards for a violation of the limitation
imposed by the local government, including administrative, civil, or
criminal penalties.  By creating a new 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Most states impose limitations on contributions to candidates
for local elective offices. California is among the minority of
states without these contribution limitations.  
   (b) Most local governments in this state have not independently
imposed limitations on contributions to candidates for local elective
offices.  
   (c) In local jurisdictions in this state that have not imposed
limitations on contributions, candidates for local elective offices
often receive contributions that would exceed the limitations for a
state Senate campaign, even though most local jurisdictions contain
far fewer people than the average state Senate district.  
   (d) In local jurisdictions in this state that have not imposed
limitations on contributions, candidates for local elective office
sometimes raise 40 percent or more of their total campaign funds from
a single contributor.  
   (e) A system allowing unlimited contributions to a candidate for
local elective office creates the risk and the perception that local
elected officials are beholden to their contributors and will act in
the best interest of those contributors at the expense of the people.
 
   (f) This state has a statewide interest in preventing actual
corruption and the appearance of corruption at all levels of state
government.  
   (g) This act establishes a limitation on contributions to
candidate for local elective office in a jurisdiction in which the
local government has not established a limitation. However, a local
government may establish a different limitation that is more
precisely tailored to the needs of its communities. 
   SECTION 1.   SEC. 2.   Section 10003 of
the Elections Code is repealed.
   SEC. 2.   SEC. 3.   Section 10202 of the
Elections Code is repealed.
   SEC. 3.   SEC. 4.   Section 10544 of the
Elections Code is repealed.
   SEC. 4.   SEC. 5.   Part 7 (commencing
with Section 10800) is added to Division 10 of the Elections Code, to
read:

      PART 7.  Local Limitations on Contributions


   10800.  For purposes of this part, the following terms have the
following meanings:
   (a) "Candidate" has the same meaning as set forth in Section 82007
of the Government Code.
   (b) "City" has the same meaning as set forth in Section 82008 of
the Government Code.
   (c) "Contribution" has the same meaning as set forth in Section
82015 of the Government Code.
   (d) "County" has the same meaning as set forth in Section 82017 of
the Government Code.
   (e) "Election" means a primary, general, special, runoff, or
recall election in a county, city, special district, or school
district. Primary, general, special, and runoff elections are each a
separate election for purposes of this part.
   (f) "Local elective office" means a county, city, special
district, or school district office that is filled at an election.
   (g) "Local government" means a county, city, special district, or
school district that has a local elective office.
   (h) "Person" has the same meaning as set forth in Section 82047 of
the Government Code.
   (i) "School district" includes a community college district.
   (j) "Special district" has the same meaning as set forth in
Section 82048.5 of the Government Code.
   10801.  (a) A person shall not make to a candidate for local
elective office, and a candidate for local elective office shall not
accept from a person, a contribution totaling more than the amount
set forth in subdivision (a) of Section 85301 of the Government Code,
as that amount is adjusted by the Fair Political Practices
Commission pursuant to Section 83124 of the Government Code.
   (b) A contribution shall not be deemed received for purposes of
this part if it is returned to the contributor within 14 days of
receipt.
   (c) This section does not apply to a candidate's contributions of
his or her personal funds to his or her own campaign.
   10802.  (a) Except as provided in subdivision (b) of this section
and subdivision (a) of Section 85703 of the Government Code, a local
government may, by ordinance or resolution, impose a limitation on
contributions to a candidate for local elective  office that
is equal to or lower than the limitation set forth in Section 10801.
  office.  The limitation may also be imposed by
means of a local initiative measure.
   (b) A local government shall not impose additional requirements on
a person pursuant to subdivision (a) if the requirements prevent the
person from complying with this part or the Political Reform Act of
1974 (Title 9 (commencing with Section 81000) of the Government
Code). 
   (c) A local government that establishes a contribution limitation
pursuant to subdivision (a) may adopt enforcement standards for a
violation of that limitation, which may include administrative,
civil, or criminal penalties.  
   (d) Sections 10801 and 10803 do not apply in a jurisdiction in
which the local government imposes a contribution limitation pursuant
to subdivision (a). 
   10803.  (a) A person who intentionally or negligently violates
Section 10801 shall be subject to a civil fine for an amount up to
five thousand dollars ($5,000) or three times the amount that was
contributed or accepted in excess of the contribution limitation,
whichever is greater.
   (b) In addition to the penalty set forth in subsection (a), a
person who knowingly or willfully violates Section 10801 is guilty of
a misdemeanor.
   (c) The district attorney of the county in which a violation
occurs is responsible for enforcing the civil and criminal penalties
in this section.
   (d) Whether a violation of Section 10801 is inadvertent,
negligent, or deliberate, and the presence or absence of good faith,
shall be considered in applying the penalties in this section.
   (e) A civil action for, or a criminal prosecution for, violation
of Section 10801 must be commenced within four years after the date
on which the violation occurred.
   SEC. 6.    This act shall be liberally construed to
accomplish its purposes. 
   SEC. 7.    The provisions of this act are severable.
If any provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.

   SEC. 5.   SEC. 8.    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.