California 2013 2013-2014 Regular Session

California Assembly Bill AB1431 Amended / Bill

Filed 03/19/2014

 BILL NUMBER: AB 1431AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 19, 2014 INTRODUCED BY Assembly Member Gonzalez  (   Coauthor:   Assembly Member   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  , and to add Section 72030 to  , the Education Code, relating to  conflict of interest   the Political Reform Act of 1974  . LEGISLATIVE COUNSEL'S DIGEST AB 1431, as amended, Gonzalez. School district and community college  elections:   administrators:  conflict of interest. Existing law provides for election of certain officials of school districts and community college districts. This bill would  prohibit   provide that  an administrator of a school district or community college district  from soliciting funds for the campaign or legal defense fund of an elected official of the district employing the administrator, or any candidate for an elected office of that 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, unless the person making the contribution is a member of the same school labor organization as the administrator  .  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:  majority   2/3  . Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. 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  not, directly or indirectly, solicit funds for the campaign or legal defense fund of an elected official of the school district employing the administrator, or any candidate for an elected office of that school district   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  not, directly or indirectly, solicit funds for the campaign or legal defense fund of an elected official of the community college district employing the administrator, or any candidate for an elected office of that community college district   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.   SEC. 4.   The Legislature finds and declares that this bill fur   thers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.