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

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

---

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

---

BILL NUMBER: AB 2523	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 14, 2016
	AMENDED IN ASSEMBLY  MAY 31, 2016
	AMENDED IN ASSEMBLY  APRIL 19, 2016
	AMENDED IN ASSEMBLY  APRIL 6, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Mullin
   (Coauthor: Assembly Member Gonzalez)

                        FEBRUARY 19, 2016

   An act to amend and repeal Sections 35177 and 72029 of the
Education Code,   and  to amend and repeal Sections
10003, 10202, and 10544  of, and to add Part 7 (commencing
with Section 10800) to Division 10 of,   of  the
Elections Code,   and to add Sections 82039.8, 85301.5, and
85702.5 to the Government 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. Existing law authorizes
the governing board of a school district or of a community college
district to limit campaign expenditures or contributions in elections
to district offices. 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, commencing January 1, 2018, instead 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, which includes a community college
district,   district  to impose a limitation that
is different from the limitation imposed by this bill. This bill
would repeal the authorization for the governing board of a school
district or of a community college district to limit campaign
expenditures in elections to district offices. 
   The act makes a violation of its provisions punishable as a
misdemeanor and subject to specified penalties. 
   This bill would  make a violation of   add
 the contribution limitation imposed by the bill  to the act'
s provisions, thereby making a   violation of the limitation
 punishable as a misdemeanor and subject to  a
 specified  civil fine administered by the district
attorney, as specified. This   penalties. However, the
bill would specify that a violation of a limitation imposed by a
local government is not subject to the act's enforcement provisions.
The  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,
  government agency,  including administrative,
civil, or criminal penalties. By  creating a new crime,
  this   expanding the scope of an
existing crime with regard to a violation of a contribution
limitation imposed by the bill, the  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.

   Vote:  majority   2/3  . 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 a
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.
  SEC. 2.  Section 35177 of the Education Code is amended to read:
   35177.  (a) The governing board of a district may by resolution
limit campaign expenditures or contributions in elections to district
offices.
   (b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 3.  Section 72029 of the Education Code is amended to read:
   72029.  (a) The governing board of a community college district
may by resolution limit campaign expenditures or contributions in
elections to district offices.
   (b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 4.  Section 10003 of the Elections Code is amended to read:
   10003.  (a) A county may by ordinance or resolution limit campaign
contributions in county elections.
   (b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 5.  Section 10202 of the Elections Code is amended to read:
   10202.  (a) A city may, by ordinance or resolution, limit campaign
contributions in municipal elections.
   (b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 6.  Section 10544 of the Elections Code is amended to read:
   10544.  (a) A governing body of a district may, by resolution,
limit campaign contributions in elections to district offices.
   (b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
  SEC. 7.    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. 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) (1) Except as provided in paragraph (2), the district attorney
of the county in which the contribution made in violation of Section
10801 is required to be reported by the candidate pursuant to
Section 84215 of the Government Code is responsible for enforcing the
civil and criminal penalties in this section.
   (2) If the candidate who violated Section 10801 is the district
attorney or a candidate for the office of district attorney, the
district attorney shall refer the matter to the Attorney General who
shall be responsible for enforcing the civil and criminal penalties
in this section for that matter.
   (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.
   10804.  This part shall become operative on January 1, 2018.

   SEC. 7.    Section 82039.8 is added to the  
Government Code   , to read:  
   82039.8.  "Local elective office" means a local government agency
office that is filled at an election. 
   SEC. 8.    Section 85301.5 is added to the  
Government Code   , to read:  
   85301.5.  (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, as that amount is
adjusted by the Fair Political Practices Commission pursuant to
Section 83124.
   (b) A contribution shall not be deemed received for purposes of
this section 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.
   (d) This section shall become operative on January 1, 2018. 
   SEC. 9.    Section 85702.5 is added to the  
Government Code   , to read:  
   85702.5.  (a) Except as provided in subdivision (b) of this
section and subdivision (a) of Section 85703, a local government
agency may, by ordinance or resolution, impose a limitation on
contributions to a candidate for local elective office. The
limitation may also be imposed by means of a local initiative
measure.
   (b) A local government agency shall not impose additional
requirements on a person pursuant to subdivision (a) if the
requirements prevent the person from complying with this act.
   (c) A local government agency 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) Section 85301.5 and Chapter 11 (commencing with Section 91000)
do not apply in a jurisdiction in which the local government imposes
a contribution limitation pursuant to subdivision (a).
   (e) This section shall become operative on January 1, 2018. 
   SEC. 8.   SEC. 10.   A local government
limitation on contributions to a candidate for local elective office
that is in effect on the effective date of this act shall be deemed
to be a limitation imposed pursuant to Section  10802
  85702.5  of the  Elections  
Government  Code.
   SEC. 9.   SEC. 11.   This act shall be
liberally construed to accomplish its purposes.
   SEC. 10.   SEC. 12.   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. 11.   SEC. 13.   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. 14.    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.