California Senate Bill SB1107 Amended / Bill

 BILL NUMBER: SB 1107AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 21, 2016 AMENDED IN SENATE MARCH 28, 2016 INTRODUCED BY Senator Allen (Principal coauthor: Senator Hancock) FEBRUARY 17, 2016 An act to amend Sections 85300 and 85320 of, and to add Sections 89519.5 and 91004.5 to, the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGEST SB 1107, as amended, Allen. Political Reform Act of  1974: public moneys: definition.   1974.  Existing law prohibits a person who has been convicted of a felony involving bribery, embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes, from being considered a candidate for, or elected to, a state or local elective office.  Exiting   Existing  law, the Political Reform Act of 1974, provides that campaign funds under the control of a former candidate or elected officer are considered surplus campaign funds at a prescribed time, and it prohibits the use of surplus campaign funds except for specified purposes. This bill would prohibit an officeholder who is convicted of one of those enumerated felonies from using funds held by that officeholder's candidate controlled committee for purposes other than certain purposes permitted for the use of surplus campaign funds. The bill would also require the officeholder to forfeit any remaining funds held  six   6  months after the conviction became final, and it would direct those funds to be deposited in the  general fund.   General Fund.  The Political Reform Act of 1974 prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. This bill would permit a public officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity established a dedicated fund for this purpose, as specified. The act prohibits a foreign government or principal, as defined, from making a contribution or expenditure in connection with a state or local ballot measure, and it also sets forth civil and criminal penalties for violations of the act's provisions. This bill would expand the scope of the prohibitions relating to foreign governments and principals by also prohibiting a foreign government or principal from making a contribution in support of, or opposition to, a state or local candidate. It would also permit a greater criminal penalty to be imposed for a violation of that prohibition, and it would establish the amount of a civil penalty for a violation of the prohibition. 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 act may be amended by a statute that becomes effective upon approval of the voters. This bill would require the Secretary of State to submit the bill to the voters for approval at  a statewide election, as specified.   the November 6, 2018, statewide general election.  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. Section 85300 of the Government Code is amended to read: 85300. (a) Except as provided in subdivision (b), a public officer shall not expend, and a candidate shall not accept, any public moneys for the purpose of seeking elective office. (b) A public officer or candidate may expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity establishes a dedicated fund for this purpose  by statute, ordinance, resolution, or charter,  and both of the following are true: (1) Public moneys held in the fund are available to all qualified, voluntarily participating candidates for the same office without regard to incumbency or political party preference. (2) The state or local governmental entity has established criteria for determining a candidate's qualification by statute, ordinance, resolution, or charter. SEC. 2. Section 85320 of the Government Code is amended to read: 85320. (a) A foreign government or foreign principal shall not make, directly or through any other person, any contribution, expenditure, or independent expenditure in connection with the qualification or support of, or opposition to, a state or local candidate or ballot measure. (b) A person or a committee shall not solicit or accept a contribution from a foreign government or foreign principal in connection with the qualification or support of, or opposition to, a state or local candidate or ballot measure. (c) For the purposes of this section, a "foreign principal" includes the following: (1) A foreign political party. (2) A person outside the United States, unless either of the following is established: (A) The person is an individual and a citizen of the United States. (B) The person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business within the United States. (3) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country. (4) A domestic subsidiary of a foreign corporation if the decision to contribute or expend funds is made by an officer, director, or management employee of the foreign corporation who is neither a citizen of the United States nor a lawfully admitted permanent resident of the United States. (d) This section does not prohibit a contribution, expenditure, or independent expenditure made by a lawfully admitted permanent resident. (e) A person who violates this section is guilty of a misdemeanor and shall be fined the greater of ten thousand dollars ($10,000) or an amount equal to the amount contributed or expended. SEC. 3. Section 89519.5 is added to the Government Code, to read: 89519.5. (a) An officeholder who is convicted of a felony enumerated in Section 20 of the Elections Code, and whose conviction has become final, shall use funds held by the officeholder's candidate controlled committee only for the following purposes: (1) The payment of outstanding campaign debts or elected officer's expenses. (2) The repayment of contributions. (b) Six months after the conviction becomes final, the officeholder shall forfeit any remaining funds subject to subdivision (a), and these funds shall be deposited in the  general fund.   General Fund.  (c) This section does not apply to funds held by a ballot measure committee or in a legal defense fund formed pursuant to Section 85304. SEC. 4. Section 91004.5 is added to the Government Code, to read: 91004.5. (a) A person who intentionally violates Section 85320 is liable in a civil action brought by the civil prosecutor, for each violation, for the greater of ten thousand dollars ($10,000) or an amount equal to the amount contributed or expended. (b) The civil prosecutor may not bring an action pursuant to this section against a person being criminally prosecuted for a violation of Section 85320 pursuant to Section 91000. (c) This section is applicable only to violations occurring after the effective date of this section. SEC. 5. The provisions of this bill are severable. If any provision of this bill 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. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the duties imposed on a local agency or school district by this act were expressly included in a ballot measure approved by the voters in a statewide election, within the meaning of Section 17556 of the Government Code. SEC. 7.  The   Notwithstanding Section 9040 of the Elections Code, the  Secretary of State shall, pursuant to subdivision (b) of Section 81012 of the Government Code, submit this act to the voters for approval at  a statewide election in accordance withSection 9040 of the Elections Code.   the November 6, 2018, statewide general election.