Bill Text: CA SB1467 | 2015-2016 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: campaign prohibitions.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1467 Detail]
Download: California-2015-SB1467-Amended.html
BILL NUMBER: SB 1467 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2016
INTRODUCED BY Senator Bates
(Coauthors: Senators Berryhill, Runner, and Stone)
( Coauthor: Assembly Member
Brough )
FEBRUARY 19, 2016
An act to amend Section 85305 of, and to add Sections
85301.7 and 85305.1 to, add Section 84311 to the
Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1467, as amended, Bates. Political Reform Act of 1974:
contribution limitations. campaign prohibitions.
Existing law, the Political Reform Act of 1974, provides for the
comprehensive regulation of campaign financing, including requiring
the reporting of campaign contributions. The act imposes a
contribution limit of $3,000 on contributions made to, and received
by, candidates for elective state offices that are not statewide
elective offices. various prohibitions relating to the
expenditure of campaign funds. The act does not limit
the amount of contributions that a person may make to
prohibits a committee that is primarily formed to support or
oppose one or more ballot measures. The act prohibits a
candidate for elective state office or a committee controlled by that
candidate from making a contribution to another candidate for
elective state office in excess of the contribution limit for
elective state offices. measures from sending a slate
mailer unless it complies with specified requirements.
This bill would prohibit a person from making to a
committee controlled by a candidate for elective office
that is primarily formed to support or oppose one or more ballot
measures, and prohibit such a committee from receiving, a
contribution in excess of the contribution limit for elective state
offices, as specified. The bill would prohibit a candidate for any
elective office, or the candidate's controlled committees, from
making a contribution to another candidate for elective office or a
committee controlled by a candidate that is primarily formed to
support or oppose one or more ballot measures in excess of the
contribution limit established for candidates for elective state
office. measures from expending campaign funds on an
advertisement featuring the controlling candidate or another
officeholder or candidate, as specified.
This bill would prohibit a committee controlled by a candidate for
elective office that is primarily formed to support or oppose one or
more ballot measures from expending campaign funds to make a
contribution or other transfer of campaign funds to a committee for a
purpose other than supporting or opposing a ballot measure that the
controlled committee was primarily formed to support or oppose.
A violation of the act's provisions is punishable as a
misdemeanor. 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.
Vote: 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. Section 84311 is added to the
Government Code , to read:
84311. (a) For purposes of this section:
(1) "Advertisement" has the same meaning as provided in Section
84501.
(2) "Featuring" a candidate or officeholder means using any of the
following belonging to the candidate or otherwise singling out the
candidate or officeholder:
(A) Name.
(B) Signature.
(C) Title.
(D) Voice.
(E) Image.
(b) A committee controlled by a candidate for elective office that
is primarily formed to support or oppose one or more ballot measures
shall not expend campaign funds on an advertisement featuring either
of the following:
(1) The controlling candidate.
(2) Another officeholder or candidate.
SECTION 1. Section 85301.7 is added to the
Government Code, to read:
85301.7. For each period between statewide general elections, as
defined in Section 1200 of the Elections Code, a person shall not
make to a committee controlled by a candidate for elective office
that is primarily formed to support or oppose one or more ballot
measures, and such a committee shall not accept from a person, a
contribution in excess of the contribution limit established pursuant
to subdivision (a) of Section 85301, as adjusted by the Commission
pursuant to Section 83124. The contribution limit described in this
section shall be the aggregate amount of contributions that a
candidate may accept per contributor for his or her controlled
committees that are primarily formed to support or oppose one or more
ballot measures, regardless of the number of such committees
controlled by that candidate.
SEC. 2. Section 85305 of the Government Code is
amended to read:
85305. A candidate for elective state office or committee
controlled by that candidate shall not make a contribution to another
candidate for elective state officeor to a committee controlled by
another candidate for elective office that is primarily formed to
support or oppose one or more ballot measures in excess of the limits
set forth in subdivision (a) of Section 85301, as adjusted pursuant
to Section 83124.
SEC. 3. Section 85305.1 is added to the
Government Code, to read:
85305.1. Notwithstanding any other provision of this title or
Section 18680 of the Elections Code, a committee controlled by a
candidate for elective office that is primarily formed to support or
oppose one or more ballot measures shall not expend campaign funds to
make a contribution or other transfer of campaign funds to a
committee for a purpose other than supporting or opposing a ballot
measure that the controlled committee was primarily formed to support
or oppose.
SEC. 2. The provisions of this section are
severable. If any provision of this section 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. 4. SEC. 3. 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. 5. SEC. 4. 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.
