SB 71 — Political Reform Act of 1974: campaign expenditures: limitations.

Summary

(1) The Political Reform Act of 1974 authorizes certain candidates and elective officers to establish a separate legal defense fund campaign account to defray attorney's fees and other related legal costs incurred in the defense of the candidate or elective officer who is subject to one or more civil, criminal, or administrative proceedings arising directly out of the conduct of an election campaign, the electoral process, or the performance of the officers' governmental activities and duties, as specified. This bill would prohibit the expenditure of funds in a legal defense fund campaign account to pay or reimburse a candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses funds in that account for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer would be required to reimburse the account for all funds used in connection with those other legal costs and expenses. The act provides that all contributions deposited into a campaign account are deemed to be held in trust for expenses associated with the election of the candidate or for expenses associated with holding office. The act provides that an expenditure to seek or hold office is within the lawful execution of this trust if it is reasonably related to a political, legislative, or governmental purpose. Expenditures that confer a substantial personal benefit must be directly related to a political, legislative, or governmental purpose. The act prohibits the use of campaign funds for fines, penalties, judgments, or settlements, except as specified. This bill additionally would prohibit the expenditure of campaign funds to pay or reimburse a candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the person would be required to reimburse the campaign for all funds used in connection with those other legal costs and expenses. This bill would incorporate additional changes to Section 89513 of the Government Code proposed by AB 220 to be operative only if this bill and AB 220 are enacted and this bill is enacted last. (2) Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. 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. (3) 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 of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

Bill Text

• Chaptered 10/08/19 - Chaptered Current pdf October 08, 2019
• Enrolled 09/16/19 - Enrolled pdf September 16, 2019
• Amended 08/26/19 - Amended Assembly pdf August 26, 2019
• Amended 05/17/19 - Amended Senate pdf May 17, 2019
• Introduced 01/09/19 - Introduced pdf January 09, 2019
• SB71 View text html

Action History

1. October 08, 2019

   Chaptered by Secretary of State. Chapter 564, Statutes of 2019.

2. October 08, 2019

   Approved by the Governor.

3. September 19, 2019

   Enrolled and presented to the Governor at 3 p.m.

4. September 12, 2019

   Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2893.) Ordered to engrossing and enrolling.

5. September 11, 2019

   In Senate. Concurrence in Assembly amendments pending.

6. September 11, 2019

   Read third time. Passed. (Ayes 76. Noes 0. Page 3438.) Ordered to the Senate.

7. September 09, 2019

   Ordered to third reading.

8. September 09, 2019

   From consent calendar on motion of Assembly Member Calderon.

9. August 29, 2019

   Read second time. Ordered to consent calendar.

10. August 28, 2019

    From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 28).

11. August 26, 2019

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

12. August 21, 2019

    August 21 hearing postponed by committee.

13. August 14, 2019

    August 14 hearing postponed by committee.

14. July 03, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 3). Re-referred to Com. on APPR.

15. June 06, 2019

    Referred to Com. on E. & R.

16. May 30, 2019

    In Assembly. Read first time. Held at Desk.

17. May 30, 2019

    Read third time. Passed. (Ayes 35. Noes 0. Page 1383.) Ordered to the Assembly.

18. May 20, 2019

    Read second time. Ordered to third reading.

19. May 17, 2019

    Read second time and amended. Ordered to second reading.

20. May 17, 2019

    From committee: Do pass as amended. (Ayes 5. Noes 0. Page 1089.) (May 16).

21. May 16, 2019

    May 16 hearing: Placed on APPR. suspense file.

22. May 14, 2019

    Set for hearing May 16.

23. March 19, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 367.) (March 19). Re-referred to Com. on APPR.

24. February 20, 2019

    Set for hearing March 19.

25. January 16, 2019

    Referred to Com. on E. & C.A.

26. January 10, 2019

    From printer. May be acted upon on or after February 9.

27. January 09, 2019

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Leyva · Primary

Votes

Subjects