California 2009-2010 Regular Session Status: In Committee

AB 741 — Political Reform Act of 1974: campaign funds.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that campaign funds, including funds given for the purpose of promoting or defeating a ballot measure, are held in trust and may be used only for expenses associated with an election or associated with holding office. The act further specifies that the expenditure of campaign funds is within the lawful execution of the trust if the expenditure is reasonably related to a political, legislative, or governmental purpose. Under the act, an expenditure of campaign funds for attorney's fees and other costs in connection with administrative, civil, or criminal litigation is deemed to be directly related to a political, legislative, or governmental purpose if the litigation arises directly out of a candidate's or elected officer's activities, duties, or status as a candidate or elected officer. This bill would provide that the expenditure of campaign funds held by a ballot measure committee for a candidate's or elected officer's attorney's fees and other costs in connection with administrative, civil, or criminal litigation is not directly related to a political, legislative, or governmental purpose and is not within the lawful execution of the trust in which those funds are held. Existing law makes a willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating additional crimes. 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 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

Bill Text

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1 line(s) added, 1 removed.

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Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set first hearing. Failed passage. Reconsideration granted.

  4. Referred to Com. on E. & R.

  5. From printer. May be heard in committee March 30.

  6. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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elections
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Frequently asked questions

What does AB 741 do?
Existing law provides that campaign funds, including funds given for the purpose of promoting or defeating a ballot measure, are held in trust and may be used only for expenses associated with an election or associated with holding office. The act further specifies that the expenditure of campaign funds is within the lawful execution of the trust if the expenditure is reasonably related to a political, legislative, or governmental purpose. Under the act, an expenditure of campaign funds for attorney's fees and other costs in connection with administrative, civil, or criminal litigation is deemed to be directly related to a political, legislative, or governmental purpose if the litigation arises directly out of a candidate's or elected officer's activities, duties, or status as a candidate or elected officer. This bill would provide that the expenditure of campaign funds held by a ballot measure committee for a candidate's or elected officer's attorney's fees and other costs in connection with administrative, civil, or criminal litigation is not directly related to a political, legislative, or governmental purpose and is not within the lawful execution of the trust in which those funds are held. Existing law makes a willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating additional crimes. 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 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Who sponsors AB 741?
AB 741 is sponsored by Bill Berryhill.
What is the current status of AB 741?
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 741?
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