HomeMy WebLinkAbout12/12/1995, C-1 - CONCEPTUAL SUPPORT FOR THE ANTI-CORRUPTION ACT OF 1996. MEETING DATE:
����► I�Illll��pq�p► city of San tins osIspo 12-12-95
iis COUNCIL AGENDA REPORT REM NLA9ER:
FROM: Jeffrey G. JorgenserKCCity Attorney
SUBJECT: Conceptual Support for the Anti-Corruption
Act of 1996.
CAO
RECOMMENDATION: Authorize the Mayor to Send a Letter to the
California Public Interest Research Group
Conceptually Endorsing the Principles Behind
the Anti-Corruption Act of 1996, but Defer
Making a Formal Endorsement Until Further
Analysis is Available.
DISCUSSION:
At the November 21, 1995 City Council meeting, during the Public
Comment period, Heidi Hill of the California Public Interest
Research Group (CALPIRG) asked the City Council to endorse the
Anti-Corruption Act of 1996, which is an initiative measure calling
for sweeping reform of state laws regarding campaign contributions
and expenditures. A summary of the Act and an information sheet,
both prepared by CALPIRG, are attached for your information. The
full text of the initiative is also attached.
Because this initiative effort is in the very early stages, and has
not yet qualified for the ballot, there is no independent analysis
available of its legal validity or practical effect. At the same
time, the overall goal of lessening the impact of money and special
interests on elections . appears laudatory. Therefore it is
recommended that the Council conceptually endorse the Anti-
Corruption Act of 1996 at this time, but defer taking action on a
formal endorsement until further analysis is available.
FISCAL IMPACT:
There is no fiscal impact to the City with this action.
JGJ/sw
attach:
CALPIRG Summary, Information Sheet and Text
Draft Letter
GET BIG MONEY OUT OF CALIFORNIA POLITICS!
California politics is drowning in special interest money and California voters are suffering the
consequences.
Politicians worry more about serving special interests waving campaign checks than the people they
have been elected to represent.This problem won't go away with a few repairs here and there.We need a
major overhaul.We need a new system that puts emphasis on ideas,values,and character—not big
money and big special interests. One that returns politicians to their districts to listen and respond to us,not
the IobbyMs that hang around Sacramento or City Hall. One that puts California voters first.
The Anti-Corruption Act of 1996 is a comprehensive and thorough reform of California politics;it's tough
on special Interest Influence peddlers and tough on politicians for sale. With your help,this initlative will
appear on the November 1996 California ballot.It will revolutionize government by revolutionizing the way
someone gets Into government.This initiative says to politiclans:
1.RAISE MONEY FROM THE PEOPLE YOU REPRESENT,NOT CARPETBAGGERS
Under this initiative proposal, at least 75% of a politician's campaign money must come from people in the
district he or she represents. It's no wonder they're not listening to voters when 90%of their money comes
from elsewhere.
2.PUT VOTERS FIRST,PUT FAT CATS LAST
In 1994,the Philip Morris Company of Rye Brook, New York,gave$125,000 to a candidate for the
California Assembly just four days before the general election. This Initiative bans direct corporate
contributions,just as they are banned under federal law.And,it limits influence-peddling PACs to
contributing no more than an Individual voter can give. Finally,this initiative bans gifts and contributions
from lobbyists and ends the tax deduction for lobbying.
3. IF YOU CANT GET SUPPORT FROM ORDINARY PEOPLE, DONT RUN FOR OFFICE
Over 90%of the money raised by California candidates for public office comes from PACs and individual
contributions of more than$100.001 Under this initiative proposal,candidates cannot accept more than
$100 per contributor, per election,or$200 In the case of a race for statewide office.It's time for politicians
to stop scurrying around with hat in hand among the rich and super-rich. We time for them to start relying on
ordinary voters for money.
4.STOP SPENDING MILLIONS ON NEGATIVE CAMPAIGNS
This initiative sets strict, low,mandatory limits on campaign spending. Incredibly,California politicians have
increased their spending by 4000%since 19581 But are we better informed about where they stand or what
they're up to? No.Let's quit wasting money on slick advertising and mudslinging. Its time to restore some
decency to political campaigns.
CALL NOW TO VOLUNTEER
WE'RE FED UPI
CALPIRG'S COMMITTEE AGAINST POLITICAL CORRUPTION
State Campaign Office: 11965 Venice Boulevard,Suite 408, Los Angeles,CA 90066(310)397-3404
State Field Office: 116 New Montgomery Street, Suite 530,San Francisco,CA 94105(415)974-0493
MEET niG AGENDA
DATE //?/-9S' ITEM #
SUMMARY OF ANTI-CORRUPTION ACT OF 1996
As Filed with the Attorney General November 3, 1995
Limitations an Contributions from Outside a Seventy-five percent of a candidate's contributions
Candidate's District must come from within a candidate's own district.
Corporations, Labor Organizations, Banks,and Banned from making contributions to candidates.
Non- rofrt Corporations
Lobbyist Tax Deduction Tax deduction for lobb •ng expenses is repealed.
Limitations on Contributions to Candidates from Individuals,PACs,and parties are limited to a
Individuals, PACs, and parties contribution of$100 to any non-statewide
candidate. Contributions to statewide candidates
are limited to$200.
Limitations on Contributions to PACs Limited to $200 per calendar year.
Aggregate Contribution Limitations Individuals limited to$2,000.per calendar year to
all entities Including not more than$1,000 to
committees other than political party committees;
Entities other than individuals and Citizen
Contribution Committees limited to $10,000 per
year.
Limitations on Contributions to Parties Contributions to political parties limited to$600
per calendar year. Contributions to the Voter
Re istration Fund of the party limited to $5,000.
Limitations on Contributions from Citizen Citizen Contribution Committees are limited to a
Contribution Committees maximum contribution of what 100 individuals can
contribute.Citizen Contribution Committees are
those committees which have more than 25
donors who have giver,$25.00 or less
cumulatively during a calendar year.
Spending Limits Establishes Mandatory Spending Limits: $75,OOG
for State Assembly primary and$150,000 for
general; State Senate and Board of Equalization
limited to$115,000 for primary and $235,000 for
the general;$1,250,000 in primary, $1,750,000 in
general for statewide office other than governor;
Gubernatorial candidates limited to$2,000,000 in
primary, $5,000,000 in general.Local jurisdiction
to establish limits to not exceed .40 per person of
voting age population in district.
Voluntary Spending Limits If mandatory limits are not in effect,voluntary
spending limits of the same amounts will be put
into place.Candidates complying with spending
limits will receive free statement in ballot
pamphlet and notation on ballot that candidate
has agreed or not to spending limits.
Lobbyist Gifts and Contributions Lobbyists are prohibited from making any gifts or
contributions.
Conflict of Interest Officers of agencies are prohibited from
accepting,directing,or soliciting contributions.
Limitations on solicitation of campaign Candidates banned from accepting or soliciting
contributions contributions more than 9 months prior to an
election and from soliciting after the election.
Transfers Bans transfers to other candidates.
Loans Loans from candidate to his/her own committee
limited to not more than$10,000 for offices other
than Governor, $25,000 for Governor.
"Warchests"- Thirty days after the election,funds must be
Surplus Campaign Funds returned to contributors on a pro rata basis or
returned to the enforcement fund of this act.
Independent Expenditures Coordination,direction or arrangement with
candidate is not considered Independent.
Contributions to an independent expenditure
committee limited to$200.00.Contributors to
independent expenditure efforts must disclose
economic Interests.
Self-Funded Candidates Candidates who contribute more than 10% of
their spending limit in personal contributions must
file a disclosure.They must also disclose each
subsequent expenditure of 10%.
Ballot Measure Disclosure Requires disclosure of top and out-of-district
contributors to ballot measure committees.
Enforcement and Penalties Enforcement and penalties are significantly
increased including a"three strikes you're out"
rovision for violations.
Severability If any part of the Act is held as invalid,the rest of
the Act shall remain in effect.
Advisory to Congress-Federal Candidate Federal candidates are advised that voters would
Compliance with Limitations like them to comply with the same limits as
mandated for local and state candidates.
Advisory to Congress-Broadcast The Congress and the Federal Communications
Commission are advised to provide time for voter
information broadcasts.
We're Fed Upl
CALPIRG's Committee Against Political Corruption
11965 Venice Boulevard, Suite 408
Los Angeles,CA 90066
310-397-3404
2
Draft :..
November 30, 1995
Heidi Hill
CALPIRG
1129 State St., Suite 10
Santa Barbara, CA 93101
Re: Anti-Corruption Act of 1996
Dear Heidi:
This letter is to follow up on your request at the November 21, 1995 City Council
meeting for an endorsement of the Anti-Corruption Act of 1996.
My Council colleagues and I certainly agree with the need for reform of the electoral
process, both at the state and local level, to lessen the impact of money and special interests
on elections. Therefore, we would like to conceptually endorse the principles behind the
Anti-Corruption Act of 1996. At the same time, because this initiative effort is in the very
early stages, we would like to defer making a formal endorsement of the initiative measure
until further impartial analysis is available. At such time,we would be happy to reconsider
the matter and determine whether a formal endorsement is appropriate.
On a historical note, the City of San Luis Obispo has taken a proactive approach to
campaign financing and lobbying at the local level. For your information, I am enclosing
a copy of the City's Election Campaign Regulations and Municipal Advocates Regulations.
You may find our local efforts interesting.
On behalf of the City of San Luis Obispo I would like to thank you for your efforts
to restore integrity and reason to the electoral process. Best wishes to you in your efforts.
Sincerely,
Mayor Allen K Settle
AS/sw
enc.
cc: City Council
City Administrative Officer
City Clerk
City Attorney
C'—/-5o-
As submittud to the Attomev General of California ort 11/3/95
ANTI-CORRUPTION ACT of 1996
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
rhe A,tomey General of California has prepare.)the followinE title and summaryof the chief purpose and pc•ints of the proposed measure:
(Here:ct Ibrth the title and sun amary prepared by the Attorney General. This title and summary must also lit printed across the top of each page of
the petition whereon signatures are to appear.)
TO THE HONORABLE SECRETARY OF STATE OF CALIFORNIA
We,the u tdersigned,registered,qualified rote:s ol'Califon)ia,residents o1 __ County(or City and County),hereby propose amendments to the
Government Code and the Revenue an•J Taxation C:odc,relating to political practices,and petition the Secretary of Si ate to submit the same to the voters of
California for their adoption or rejection at the next succeeding primly or general election or at any special statewide election held prior to that primary or
general election or otherwise provided by law. The proposed statutory amendment~read as follows:
The pnple of the State of Calilorni,r do emrct ai follows:
SEC
1. Chapter 5(commencing with Section 83 100)of Ti tic 9 of the Government Code is repealed.
SEC.2. Chapter 5(commencing)vith Section 85100)is added to aha Govcrmtn7tt Code,to read:
Chapter 5. Anti-Corruption Act of 1996
APPLICABILITY,DEFINITIONS,AND AMENDMENT
SEC.3.Title
85100. This chapter shall be known and may In:cited as the Anti-Corruption Act of 1996.
SEC.4.Findings and Declarations
85101.The people find and declare as follows:
(a)Our representative system of democracy has Innen distorted by the increasing role of money in the process. The interests of average voters are not
represented in a process which favors candidates who cats raise and spend I urge sums of money from narrow interests rath,a than those candidates who represent
a broad base o�'community support.
(b)Politicians have failed to impose Hiles whit:)are suf icicnt to govern campaign Spending,contributions;a nd lobbyists to prevent corruption. In
the past seven)ears,the People have v)itnessed many members of the l.etgslature,their staffs,and lobbyists convicted o i'bribery and other forma of corruption
it)which campaign contributions have boon linked to official actions. Fast and current laws did not and do not prevent t corruption,therefore the People need
the strictest measures possible to prevent corruption in the future:
(c)I.arge contributions to political committees and political campaigns have it corrupting or potentially corrupting in0ueenre on the policy making and
electoral process,resulting in an elections process that distances voters fro(a candidates.Over 90 percent of the money raised by California candidates for public
offices comes in contributions of Sl-)0.00 or more.
(d)Caltdidau®generally do not seek financial support from people in.the District that the candidates seek to n present. State legislators raise over 90
percent of their contributions from reople and interests who live outside their district.
(e)Candidates are increasingly reliant on campaign contributions from groups and individuals with a specifi:financial slake in matters before state
and local governments.
(f)While spending on political campaigns has escalated,citizen participation in the political proem has declim d,and the people know too little about
the issues or the pa-ficular positions of candidata for elective office. Linuts on campaign spending will relieve candidates and ofTeahulders from the need for
fundraising. The conduct of both political campaigns and governance thereby will be improved. Campaign expend tures have risen by 4000 percent since
1958. The increase has consisted principally of contributions from special interest~.
(g)The United States Supreme Court based its dwision in Buckley v.Valeo.424 U.S. Lon on a concern that spending limits could restrict political speech,
"by reducing the number of issues discussed,the depth of their exploration,and the size of the audience reached." Th..People's experience with the electoral
process is otherwise. In California clatioils,tutlimitod spending has not ine;rascd the reach of issues to more voters. Instead.money has drowned gild distorted
political discourse.
(h)Current campaign financing.urangements wi It the actual amu perceived preferential a=%,s to lawmakers for •pecial intcrests capable of contributing
sizable sums to lawmakers'ampaiam,,have provokespublic disalTation with elective government.
(i)Lobbyists have a spaafie financial stake in legislation and policy and have a corrupting or potentially corrupt ng effect on elections when they make
contributions to candidates for elective office in an executive or legislative body in which they also lobby.
0)Political parties are increasingly controlled tv large special interest contributors Political parties respond less to average voters'needs and deter
voter participatior in political organization.
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SEC.5.Purpose of the Law
85102. Tt a people enact thi i chapter to accomplish the follow ing purposes:
(a) To restore trust and integrity in the state's elections and governing institutions.
(b)To r lin nate corruption and the perception of crtruption by adutcing the influence of large contributions from individuals and groups with a speck
futancial stake in matters before state and local governments.
(e) To-assure,by severing the link between lobbying and campaign fundraising,that individuals and interest gn ups have an opportunity to participate
in elections and governing.
(d)To improve the disclosure ofcontribution soup es in reasonable and effective ways in order to prevent corral tion and the appearance of corruption
ofelectionsanc candidates.
(c)To improve titian parficipxtion in elections by staking elected officials and political parties more accountable to constituents than to special interest
groups,themb} fostering competition:arfd encouraging;treater grassroots participation in political organization.
u 1)To t elieve candidates for olective office and c lected officers from the burdens of excessive fundraising,the reby providing greater opportunity for
public debate a ad political discourse.
SEC.6.Applicability of the Law
85103 Unless the term is defined specifically a this chapter or the contrary is stated or clearly applies from :he context.the definitions set forth ht
this title shall gcven the interpretation o!this chapter. This chapter shall be construed liberally to achieve its purposes Nothing in this chapter shall exempt
airy person fron the applicable provisions of this tide or of any other law. Nothing in this chapter shall be construed to;pply to the activities of any candidate,
or committee,or to any election that is specifically sultjcet to the Federal Election Campaign Act of 1971,as amender .
SEC.7. Definitions
85104 The following terms as used in this cha rtcr have the following mornings:
:a)"Candidate"means that cnn as defined inSuction 82007.
;b)"C 3mmittee"means aha.term as defined in subdivisions(:o)or(c)ofScction 82013,but shall not include:a candidate,as defined in subdivision
(a)of this section and shall not include a committee that does not make contributions to candidates. I or purposes of this t hapter,a political party is a commitice
unless speck provisions applicable to political panics indicate otherw ise.
(c)"C:tizen Contribution Committee"means a committee whose membership is comprised solely of 25 or in ore individuals who each make a
contribution of contributions which n the aggregate total 525.00 or less per calendar year per individual member. So ch a committee shall be in existence
for at least six 6)months prior to making any contribution to any candidate or committee and shall not be controlled by any candidate.Nothing in this
section shall prohibit a political part) from establishing-1tizen Contribution Committees.
(d)"It-dividual"means one human being.
(e)"Sate-vide elective oftic 'means the of icy of Governor,Lieutenant Governor,Attorney General,Conb oller,'rrcasurer,Secretary of State,
Superintendent of Public Instruction,Justices of the Su prente Coon,and Insurance Commissioner,and any other of!ice 11or which all registered voters of
the stat(are er titled to vote in a genual election.
(f)"Voting age population"means the popular on of the suite city,county or other electoral district aged ei1 htcon years or over as determined by
the Uniucd States Secretary of Commerce. If for any reason no such cetcrm i nation is made,the commission shall fro•m time to time determine the voting
age populatior from the best readily available sources r I information.
CANDIDACY
SEC.8.Rule:for Candidacy
852011. (a)Prior to the solb:itation or receipt of any contribution or loan,an individual who intends to be a c sndidate for an elective office shall file
with the comr fission and with the local filing officer,if any,with whom he or she is required to file campaign states tents pursuant to Section 84215,a
statement sigr ed under penalty of perjury of the intention to be a candidate for office and identifying that specific of+ic,e.
(b) A candidate shall establish one campaign c ontribution account at an-Tice of a fimutcial institution located in the state. Within 10 calendar
days of establishing this account th:name and address.of the financial institution and the account number shall be t sled with the commission and with the
local filing off icer,if any,with w ho rt he or she is required to file campaign statements pursuant to Section 84215.
(c) All contributions or loafs made to the candidate,or to the candidate's controlled committee,shall be derosited into the account estahlished
pursuant to st bdivision(b). An) personal funds of the cantdidate that will be used to promote the election of the candidate shall be deposited into the
account. All Campaign expenditures shall be made fro tt the account.
CONTRIBUTION LIMITATIONS
SEC.9.Lhmtations on Out-of-District ContHhudons
85306. 1:a)For purpose,o'secking elective office,a candidate may not accept more than 25 percent of his 3r Ito total dollar value in cntributions
from utdividuals who at the time of'their contribution were not of the voting age population of the electoral district,of the elective office sought by the
candidate. The 1•mitations of this subdivision shall no apply to funding Provided by fedend,state,or local governm art for purposes of campaigning for
elective offC1%
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(b)Contributions to candidates from persons.other than individuals,shall be treated as contributions from individuals who are not of the voting
age population of the electoral district of the elective oflice sought by the candidate.When aggregated with contributions from individuals who are not of
the voting age population of the eleciond district as described in subdim inion(a),such contributions from persons,other than individuals,shall not total
more than 25 percent of the total dollar value of the candidate's contributions. This subdivision shall not apply to contributions from a Citizen Contribution
Committee esviblished and maintained within the electoral district ol'the candidate and 100 percent of whose membership comprises individuals who at
the time of their contribution were of the voting age population of the electoral district of the elective office sought by the candidate. For the purposes of
this subdivision only,membership leas than 100 percent shall not constitute a violation of this provision to the extent that such membership meets the de
minimis requirements for membership as set forth in this subdivision.
(c) The percentage of contributions from individuals in subdivision(a)and persons in subdivision(b)shall be reported by the candidate on any
campaign statement required to befiled by the candidate pursuant to Chaptcr 4(commencing with Section 84100). If any campaign statement filed by s
candidate pursuant to Chapter 4(commencing with Section 84100)indicates,or should indicate,that more than 25 percent of the candidate's total dollar
value in contributions is from persons who at the time of their contribution were not,pursuant to subdivisions(a)and(b),individuals of the voting age
population of the electoral district of the elective office sought by the candidate,there shall he a violation of this title.
i;l)When contributions to a candidate exceed the limits of this section by 11)percent or less of the maximum permissible dollar value,the remedies
set forth in Chapter 3(commencing with Section 831 Ot 1)and Chaptcr 11 (commencing with Section 91000)shall apply,except that,when the
commission or a court of law assesses a monetary penalty in an administrative or civil action for this violation.the amiount of the monetary penalty shall be
equal to the amount by which the contributions exceeded the limit.
(2)When contributions to a candidate exceed the limits of this section by more than 10 percent of the maximum permissible dollar value,the
remedies set forth in Chapter 3(commencing with Section 83100)and Chapter I 1 (commencing with Section 9100(l)shall apply,except that,when the
commission or a court of law assesses a monetary penalty in an administrative or civil action for this violation,the amount of the monetary penalty shall be
three times the amount by which the contributions exceeded the limit,or ten thousand dollars($10,000),whichever i;greater.
(3)Thc monetary penalty shidl be distributed in accordance with section 91009. Notwithstanding Section 13 340 of the Croverrtmcnt Code,the
moneys deposited into this fund are hereby appropriatec to the commi.ssion for the purpose of enforcing the provisions of this title.
SEC.10.Limitations on Contributions from Persons to Candidates
85301. (a)No person,except a Citizen Contribution Committee,shall make to a candidate,and no candidate shall accept,a contribution or
contributions with an aggregate value in excess of the following:
(1)One hundred dollars($100)per election pet candidate other than candidates for statewide elective offence:end the Hoard of Equalization.
(2)Tv`o hundred dollars($200)per election per candidate for statewide elective office and the Board of Equ:dization.
(b) No person shall make ouc or more contributions to any other person for the purpose of contributing to a ;peciftc candidate,which when added
together,or wf,im added together with contributions made directly to the candidate by the first person,will have an apgregate value in excess of the limits
stated in this station.
(c)Nothing in this chapter shall prohibit independent expenditures by a person.
(d)Nothing in this chapter shall prohibit a candidate from making a contribution or contributions of his or her personal funds to his or her own
controlled committee in excess of the limits in this section,except that a candidate's expenditure of personal funds in he aggregate shall not exceed the
limitations set Ibrth in Section 85401 to the extent thud section is in effect.
(e)This chapter shall not prohibit the state or a local jurisdiction from establishing lower contribution limitations than those set forth in this
chapter.
(f) For purposes of this sect-on,primary,general,special and run-off elections arc separate elections.
SEC.11.L rnitations on Contributions from a Citizen Contribution Committee to a Candidate
85302. A Citizen Contribution Committee shall be permitted to make a contribution or contributions to a candidate, and a candidate shall be
permitted to accept contributions from a Citizen Contribution Committee to the extent that such contributions do not exceed the maximum amount of
what 100 indiv iduals can contribute to a candidate,as set forth in Section 85301.
SEC.12.Limitation on Contributions from Per soap to Committee
85303. No person shall matte to any committee,and no committee shall accept from any person,one or mot a contributions with an aggregate
value in excess of two hundred dollars($200)in any calendar year per committee. This provision shall not apply to contributions to candidates,Citizen
Contribution C ommittces, or political parties or to contributions which are otherwise prohibited by law.
SEC 13.Lhnitation on Contributions from Perromi,to Political Parties
85304. (a)No person,except a Citizen Contribution Committee, shall make to a state or local political pain organized under the laws of this state
for the purpose of making contributions directly or indn cetly in connection with state or local elections in California,one or more contributions with an
aggregate value in excess of six hundred dollars($600)per calendar year per political party. No state or local political party organized under the laws of
this state shall accept from a person,except a Citizen Cornributiom Committee,for the purpose of making contributions directly or indirectly in connection
with state or local elections in California,one or more contributions with an aggregate value in excess of six hundred dollars($6)0)in any calendar year
per political party. The limitations of this subdivision shall apply to contributions for generic activities which do not identify a specific candidate as well as
to getout-tho-vote,voter file maintenance and all other activities of the political party in connection with state or local elections in California. Nothing in
this subdivision shall be read to prohibit a Citizen Contribution Committee from making contributions to a political party to the extent that such
contributions do not exceed the maximum amount of a hat 100 persons can contribute to a political party,as set fort.above. The limitations of this
subdivision shidl not apply to contributions to the Vote Registration Fund of a state or local political party established under subdivision(b),below.
(b)A state or local political party shall be permitted to establish a Voter Registration Fund for the exclusive purpose orconducting non-candidate-
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specific,partisan voter registration aeuvities in Califontiu. No person shall be permitted to make,nor shall a state or local political party organized under
the laws of this state accept,contributions which when aggregated total more than$5,000 per person in any calendar vear to the Voter Registration Fund.
Any administrative or other costs associated with a communication tr solicit or otherwise direct contributions to the Voter Registration Fund shall be
permitted to be paid through the Voter Registration Fund to the extent that the communication has as its principal propose to register voters in California.
SEC.14.Aggregate Limitations on Contributions
85305. The following shall apply to limit the amount of aggregate contributions:
(a)No individual shall make contributions with an aggregate value of more than two thousand dollars($2,000)per calendaf year to all state and
local candidate:,committees,and state or local political parties organized under the laws of this state for the purpose of making contributions directly or
indirectly in connection to state or local elections in California.Of this aggregate amount,an individual shall contribute no more than one thousand dollars
($1,000)per calendar year to committees other than political party committees. 'rhe limitations of this subdivision shall not apply to contributions to the
Voter Registration Fund established Ivy a state or local political party.
(b)No person shall make contributions with an aggregate value of more than ten thousand dollars(510,000)per calendar year to all state and
local candidate ,committees,and state and local politics parties organized under the laws of this state for the purpose of making contributions directly or
indirectly in connection with stare or local elections in California. The limitations of this subdivision shall not apply t( individuals or Citizen Contribution
Committees.
SEC.15.Limitations on When Contributions Can Be Received
85307. (a)No candidate shall accept or solicit contributions more than nine months before the election for the office for which the candidate has
filed his or her,tatement of intention to be a candidate for elective office pursuant to Section 85200. The commission,or local elections authority
designated by the commission in the case of local elections,shall for each election designate the date on which a candidate may begin to accept or solicit
contributions.
(b)No candidate shall solicit contributions after the date of the general or runoff election for the office to which the candidate sought election. No
candidate shall accept contributions unore than 30 calendar days atter the date of the general or runoff election for the office to which the candidate sought
election.
(c) For purposes of this chapter,all contributions shall be deposited in the candidate's campaign account within 10 calendar days after they are
received or,in he alternative.shall be returned to the contributor. Contributions so deposited shall be deemed to hav,:been accepted by the candidate.
SEC.16.Transfer of Contributions
85308 (a)No candidate may make any contribution to any other candidate who has established a candidate account pursuant to Section 85200.
(b)This section shall not prohibit a candidate Gam making a contribution from his or her own personal fund either to his or her own candidacy,'
the controlled committee of any other candidate for elective office,or to a recall or ballot measure committee.
(c) This section shall not prohibit a candidate from transferring contributions among his or her own controlled committees,so long as each
transfer complies with both of the following:
(1)The transferring committee makes each transfer on a per-contribution basis in reverse chronological order of the contributions it received,
beginning with the most recent contibutor to the transferring committee.
(2)No transfer,either by itself,or when added lo any contribution made by the same contributor to the comnmince receiving the contribution,shall
exceed the amount the same contributor is otherwise permitted,pursuant to this chupter,to contribute to the committee receiving the transferred
contribution.
SEC.17.Candidate Loans
85309. (e)A loan to a candidate or a candidate's controlled committee ibr the purpose ol'secUng elective ofl ice by a commercial lending
institution in the normal course of business shall not be subject to this chapter and shall be made by written instrument from the maker of the loan. A loan
by a commercial lending institution shall be made to a candidate bearing the usual and customary interest rate of the lending institution. If the loan is made
other than by a commercial lending institution in the normal course of business,then the terms of the loan shall be in writing and provide for payment of at
least 80 percent of the prevailing commercial market rate of interest on the loan. All loans shall provide for satisfaction of the loan not later than 30 days
after the election for which the candidate has filed or declared.
(b)Extensions of credit fora period of more than 30 calendar days,other than by loans, are considered to be contributions and arc subject to the
contribution limitations of this chapter.
(c) Nn candidate shall personally loan to his or her campaign money,goods,or services that have an aggregate value at any one point in time of
more than ten thousand dollars(SIO,000)or more than twenty-five thousand dollars(525,000)in the case of a candidate for Governor. Nothing in this
section shall prohibit or restrict a carididate from making contributions,other titan loans,to his or her own campaign from the personal funds of the
candidate.
SEC.18. Fandly Contribution~
85310.(a)For purposes of this chapter,a contibution made by a married person shall not also be considervoi a contribution by that person's
spouse.
(b)Contnbutions by children under the age of 18 years shall lie treated as contributions by their parents or g,rardiarts.
SEC. 19.Violation of Contribution Limitations
8.43.11. Any candidate or committee that accepts a contribution made in violation of Sections 85301,85302,85303,or 85304 shall,not later th
30 days after Imowing or having reason to know of'that violation,deposit an amount equivalent to the value of that.ontribution into the Anti-Corruption
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Act of 1996 Enforcement Fund established by the commission to enforce the provisions of this chapter. If a candidate or committee fails to make this
payment within the 30-day perind,the candidate or committee shall have violated this section. The remedies set forth in Chapter 3(commencing with
Section 83 100)and Chapter I I(commencing with Section 91000)shall apply to violations of this section,except that when the commission or a court of
law assesses a monetary penalty in an administrative or civil action for a violation of this section the amount of the me tnetary penalty shall be three times
the value of the contribution the candidate or committee failed to pay to the commission as required by this section. The statute of limitations shall not
apply to this provision. The monetary penalty shall be distributed in accordance with section 91009. Notwithstanding Section 13340 of the Government
Code,the moneys deposited into the Anti-Corruption Act of 1996 Enforcement Fund are hereby appropriated to the commission for the purpose of
enforcing the provisions of this title.
SEC.20.Contributions from Lobbyists
85312. No candidate shall solicit or accept a contribution front,or arranged or transmitted by,a lobbyist or lobbying firm and no lobbyist or
lobbying firm shall make,arrange.or transmit in any way a contribution to.a candidate if that lobbyist or lobbying fimr is required to register as a lobbyist
or lobbying firm either pursuant to Chapter 6(commencing with Section 86100)or under any other provision of state or local law for the governmental
agency or body in which that candidate holds office or to which that candidate is seeking election.
SEC.21.Surplus Campaign Funds
85313. (a)Within 90 days after a candidate withdraws front,is defeated in an election Ibr,or is elected to,a office for which the candidate has
filed a statement of intention to be a candidate for elective office pursuant to Section 85200,the candidate shall distribute the balance of campaign funds
raised for that election that is in excels of the expenses for the election on a pro rata basis to the candidate's contributors or tum over the excess to the And-
Corruption Act of 1996 Enforcement Fund for the purposes of enforcing this title.
(b) Any excess campaign funds may be used to pay reasonable attorney's fees and other costs in connection with enforcement proceedings againat
the candidate or legal challenge to election results. All lunds so expended shall be publicly disclosed pursuant to the i equirements of Chapter 4
(commencing 1vith Section 84 100)and shall be exempt from the attontey-client or tiny other privilege for nondiselost ire.
i c)Nor
ntributions may be solicited for the purpose of paying attorney's fees as provided in subdivision(e),except to the extent that the
contributions have been raised within the limitations and restrictions ol'this chapter.
SEC.22.Connibutions from Business Entities,Labor Organizations,Banks and Non-Profit Corporations
85314. (a)It shall be unlawful for:
(1)any business entity,labor organization,state or national bank or nonprofit corporation organized by authority of any law of Congress or any
state to snake a contribution for the purpose of influencing an election to any elective office or for the purpose of influncing any primary election or
political convention or caucus held tit select candidates:or any elective office;
(2)any candidate or person knowingly to accept or receive tiny contribution prohibited by this section;
(3)any officer or any director of any business entity, labor organization,state or national bank or nonprofit,:orpor•ation organized by authority of
any law of Congress or any state to consent to any contribution by any business entity,labor organization,state or nai ional bank,or nonprofit corporation
prohibited by this section.
(b) The remedies set forth in Chapter 3(commencing with Section 83100)and Chapter 11(commencing with Section 91000)shall apply to any
business entity,labor organization,state or national bank or nonprofit corporation that violates this section,except that,when the commission ora court of
law assesses a monetary penalty in an administrative or civil action for a violation of this section,the amount of the monetary penalty shall be three times
the amount contributed or expended in violation of this section or ten thousand dollars($10,000),whichever is greater.
0 In addition to any other administrative or civil remedy applicable under this title,any officer,director,attot ncy,accountant,or other agent of the
business entity,labor organization,state or national bank,or nonprofit corporation violating any provision of this section or authorizing the violation of this
section,or any person who viola"or in any way know ingly aids or aliets the violation theroof,is guilty of a misdem anor and,in addition to any other
criminal pennies provided by law,a fine of not more than ten thousand dollars(510,000)may he imposed upon conviction for each violation.
(d)Nothing in this section siall prohibit the umplovees,shareholders,or members of any business entity,Mir organization,state or national bank.
or nonprofit a•rporation organized under the authority of&Congress or the laws of any state loom establishing a commince that operates free of any
support from any business entity,labor organization,shute or national bank,or nonprofit corporation organized under the authority of the Congress or the
laws of any state,subject to the limitations otherwise provided in this chapter.
(e)Nothing in this section shall prohibit a bush tess entity,labor organization,state or national bank,or nonpi oftt corporation,organized under the
authority of Congress or the laws of any state,from providing indirect support to any Citizen Contribution Committee which receives contributions totaling
$5,000 or less per calendar year.
(f)Nothing in this section shall prohibit a business entity,labor organization,state or national batik, or nonp oftt corporation,organized under the
authority of Congress or the laws of any state,from providing indirect support to arty committee.except a political patty or candidate,for administration
and compliance. Such support shall not include fundraising or related activity,except as provided in section(g).
(g)Nothing in this section shall prohibit a business entity,labor organization,state or national bank,or nonprofit organization,organized under the
authority of Congress or the laws of any state,from providing indirect support to arty committee.except a political p:rty or candidate,for fundraising or
related activity to the extent that such support is in the aggregate 20 percent or less of the contributions received by tltat committee per calendar year.
(h) Nothing in this section +hall prohibit a business entity,labor organvation,state or national bank,or nonprofit corporation,organized under the
authority of Congress or the laws of this state,which sponsors a committee,from making an expenditure that quaU s as a contribution under this act so
long as the business entity,labor orVinization,state or national bank or nonprofit corporation is reimbursed by its ape nsored committee within 30 days of
making the payment.
(1)This section shall not apply to elections to federal office wider the jurisdiction ol'the Federal Election Cat tpaign Act of 1971,as amended.
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SEC.23. Internal Communications
85315. Nothing in this Act shall prohibit a labor organization,state or national bank,business entity,nonprofit corporation,or committee from
paying the costs of internal communications with its members,emplovees or shareholders for the purpose of support mg or opposing a candidate or
candidates for elective office or a ballot measure. Such expenditures shall not be considered a contribution or independent expenditure under the
provisions of this act,provided such payments are not 1br the costs of campaign materials used in connection with bt oadcasting,newspaper,billboard or
similar type of gesteral public communication.
SEC.24. Bundling of Contributions
85316. Contributions made directly or indirectly to or on behalf of a particular candidate through an intermediary or conduit shall be treated as
contributions I tom the contributor and the intermedurn or conduit to the candidate for the purposes of this limitation unless the intermediary or conduit is
one of the foll nymng:
(a)The candidate or representative of the candidate receiving contributions on behalf of the candidate;provided,however,that the representative
shall not include the following pem,ns:
(1)A committee other than the candidate's campaign committee;
(2)An officer,employee or agent of a committee other than the candidate's campaign committee;
(3)A person registered as a lobbyist with rite governmental agency for which the candidate is running or is tin officeholder,
(4)An officer,employee or agent of a labor organization,business entity,or other organization acting on bel calf of the labor organization,business
entity,or other organization.
(b)A volunteer,who otherwise does not fall larder subsection(a)(I X4)of this provision,hosting a fundraising event outside and away from the
volunteer's place of business.
C A professional fundraiser.
SEC 25.Contributions from Governmental Appointees
8531^.No person appointed to a public board or commission or as trustee of the California State University or Regent of the University of
California during tenure in office shall donate to,or solicit or accept any campaign contribution for,any committee controlled by the person who made the
appointment to that office or any other entity with the intent that the recipient of the donation is the committee controlled by the person who made the
appointment
EXPENDITURE LIMITATIONS
SEC 26.Mandatory Spending Limits
8540L (a)A candidate for State Assembly shall not make expenditures for the primary or special primary election which exceed an amount equal
to$75,000 and for the general,special,or special runoff election which exceed$150,000.
(b)A candidate for State Senate and Board of Equalization shall not make expenditures for the primary or siecial primary election which exceed
an amount equal to$115,000 and for the general,special,or special runoff election which exceed 5235,000.
(c)A candidate for statewide office,other than Governor,shall not make expenditures for the primary or special primary election which exceed an
amount equal to S1,250,000 and for the genual,special or special runoff election which exceed$1,750,000.
(d)A candidate for Governor,shall not make expenditures for the primary or special primary election which exceed an amount equal to
$2,000.000 and for the general,special,or special runoff election which exceed$5,000,000.
(e) Any local jurisdiction,municipality,or county shall establish expenditure limitations for candidates and controlled committees of such
candidates for elective office not to exceed forty ants 5.40)per election per individual of the voting age population of the local jurisdiction,municipality.
or county.
(f)A candidate who exceeds the limitations in subdivision(a)through(d),above,dry 10 percent or less of the expenditure limit shall be in violation
of this section and required to cepa) the excess amount to contributors on a pro rata basis or pay the excess amount to the AntiCorruptions Act of 1996
Enforcement Fund. In addition,ther remedies set forth in Chapter 3(commencing with Section 83100)and Chaptm I I (commencing with Section 91000)
shall apply to violations oftltis section covered by this+ubdivision,except that,when the commission or a court of law assesses a monetary penalty in an
administrative or civil action for such a violation,the amount of the monetary penalty shall be three times the amount by which the candidate exceeded the
expenditure limit. The monetary penalty shall be distributed in accordance with section 91009. Notwithstanding Section 13340 of the Government Code,
the moneys deposited into the Anti-Corruption Act of 1996 Enforcement Fund are hereby appropriated to the commission for the purpose of enforcing the
provisions of this title.
(g)A candidate who exceeds the limitations in subdivision(e)through(d),above,by greater than 10 percent of the expenditure limit shall be in
violation of Ibis section and required to repay the excess amount to contributors on a pro rota basis or pay the excess amount to the Anti-Corruption Act of
1996 Enforcement Fund. In addition,the remedies set forth in Chapter 3(commencing with Section 83 100)and C hapter 1 I (commencing with Section
91000)shall apply to violations of this section covered by this subdivision,except that,when the commission or a court of law assesses a monetary penalty
in an administrative or civil action 1br such a violation.the amount ofthe monetary penalty shall be three times the amount by which the candidate exceeds
the expenditure limit or twenty thousand dollars(S210000),whichever La greater. 'Che monetary penalty shall be distributed in accordance with section
91009. Notwithstanding Section 13340 of the Govt)rttment Code,the moneys deposited into the Anti-Corruption Act of 1996 Enforcement Fund are
hereby appropriated to the commission for the purpose of enforcing the provisions of this title.
(h)Ir the event that the expenditure limitations set forth in this section are not in effect.Sections 85402 thr•)ugh 85404,inclusive,shall apply.
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SEC.27.Candidate Declaration to Abide by Voluntary Spending Limits
85402 (a)Each candidate for elective office shall file,with the Secretary of State and the commission or the 4rcal elections authority designated by
the commission for local elections,a statement as to whether or not the candidate will abide by the voluntary expenditrarelimitations set forth in Section
85403 before accepting any contributions or loans for his or her campaign.
(b)The declaration of intent to abide by or reject the voluntary expenditure limitations filed pursuant to this section shall be under penalty of
perjury told certify that,with respect to the election for the office sought by the candidate,the candidate will or will not incur expenditures in excess of the
applicable expenditure limitation.
(c) The Secretary of State shrill prescribe the form for filing the information required by this section,which sluall include but not be limited to all of
the following:
(1)The name of the candidate by which he or she is commonly known and by which he or she transacts private or official business.
(2)The mailing address of the residence of the candidate.
(3)A signed declaration by the candidate,under penalty of pit ury,stating whether or not he or she will abide by the voluntary expenditure
limitations set forth in Section 85402
(a)The applicable voluntary expenditure limitation for that office.
(5)Other information as ma) be determined by the commission.
(d)A candidate for elective office who files the statement of acceptance of the voluntary expenditure limitations prescribed in Section 85403 and
who,subsequent to filing the statement of acceptance,exceeds the prescribed limits shall be subject to the following:
(1)If the amount by which the candidate exceeds the prescribed limits is less than 5 percent of the expenditure limit,the candidate or his or her
controlled comtaittec shall be required to repay the excess amounts to contributors on a pro rata basis or pay the exces,amount to the Anti-Corruption Act
of 1996 Enforcement Fund not later then 10 days after the election. No further administrative,civil,or criminal penalty shall be imposed against a
candidate who complies with this paragraph. Otherwise,the remedies set forth in Chapter 3(commencing with Sectio in 83 100)and Chapter 11
(commencing with Section 91000)shall apply to violations'of this paragraph.
(2)If the amount by which U to candidate exceed s the prescribed limits is 5 percent to less than 10 percent of t he expenditure limit,the candidate
shall be in violation of this section and required to repay the excess amounts to contributors on a pro rata basis or deposit the amount to the Anti-
Corruption Act of 1996 Enforcement Fund not later than 10 days after the election. In addition,the remedies set fort It in Chapter 3(commencing with
Section 83 100)and Chapter 11 (commencing with Section 91000)shall apply to violations of this section covered by this paragraph,except that,when the
commission ora court of law assesses a monetary penalty in an administrative or civil action for such a violation,the+mount of the monetary penalty shall
be equal to two times the amount by which the candidate exceeds the expenditure l'ortit. Thu monetary penalty shall he distributed in accordance with
section 91009. Notwithstanding Section 13340 of the Covemment Code,the moneys deposited into Ute Anti-Corruption Act of 1996 Enforcement Fund
are hereby appropriated to the commission for the purpose of enforcing the provisions of this title.
(3)If the amount by which tic candidate exceeds the prescribed limits is 10 percent or more ofthe expenditure limit,the candidate shall be in
violation of this section and required to repay the excess amount to contributors on a pro rata basis or pay the excess amount to the Anti-Corruption Act of
1996 Enforcement Fund not later than 10 days after the election. In addition,the remedies set forth in Chapter 3(commencing with Section 83100)and
Chapter t 1(commencing with Section 91000)shall apply to violations of this section covered by this paragraph,except that,when the commission or a
court of law assesses a monetary penalty in an administrative or civil action for such a violation,the amount of the monetary penalty shall be equal to three
times the amount by which the candidate exceeds the expenditure limit. The monetary penalty shall be distributed in.rccordance with section 91009.
Notwithstanding Section 13340 of the Government Cottc,the moneys deposited into the Anti-Corruption Act of 199(,Enforcement Fund are hereby
appropriated to the commission for the purpose of erd'or„ing the provisions of this title. In addition,the candidate,in the manner prescribed by the
commission but at no cost to the public,shall notify all eligible voters for that election that he or she exceeded the expenditure limits.
(e)The provisions of this section shall apply only in the event that Section 85401 is not in effect.
SEC.28.Voluntary Spending Limits
85403. A candidate for elective office may file a voluntary declaration with the Secretm.of State and the commission stating that he or she agrees
to abide by voluntary spending limits as follows:
ta)a candidate for State Assembly agrees not to make expenditures for the primary or special primary electiorn which exceed an amount equal to
575,000 and for the general,special,or special runoff election which exceed 5150,000.
t b)a candidate for State Senate and Board of Equalization agrees not to make expenditures for the primary of special election which exceed an
amount equal to 5l 15,000 and for the general,special,or special runoff election which exceed$235,000.
(c)a candidate for statewide office,other than Governor,agrees not to make expenditures for the primary election which exceed an amount equal
to 51,250,000 and for the general election which exceed$1,750,000.
(d)a candidate for Governor,agrees not to make expenditures for the primary election which exceed an amount equal to$2,000,000 and for the
general,special,or special runoff election which exceed 55,000,000.
(e) any local jurisdiction,municipality,or county may establish voluntary expenditure limitations for candidates and controlled committees of such
candidates for edective office not to exceed forty cents(5.40)per election per individual of the voting age population(,f the local jurisdiction,municipality,
or county.
(f)Thu provisions of this section shall apph only in the event that Section 85401 is not in effect.
SEC 29.Ballot Pamphlet Access
85404. (a)For each candidate for statewide elective office who,pursuant to section 85402,has agreed to abide by the voluntary expenditure
limitations in section 85403,the Secretary of State shall publish,at no charge to the candidate,the information set forth in subdivision(c). Publication
shall be made in the state ballot pamphlet.
(b)For each candidate for state legislative office or Board or'Equalizxtion who,pursuant to section 85402,has agreed to abide by the voluntary
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expenditure linritamions in section 85403,the Secretary of State shall publish,at no charge to the candidate,the information set forth in subdivision(e). In
conjunction with fie applicable local elections official,publication shall be made in the local ballot pamphlet,unless,but for this subdivision,no local be"
pamphlet will toe issued in conjunction with that election,in which case this subdivision shall not apply. The Secretary of State shall tear the pro rata c
of printing,handling,translating,and mailing the local ballot pamphlet for state legislative office or Board ofEqualiLttion.
(c) For each candidate for kcal office who,pursuant to section 85402,has agreed to abide by the voluntary expenditure limitations in section
85403,the load elections official shall publish,at no charge to the candidate,the information set forth in subdivision(e). Publication shall be made in the
local ballot pamphlet,unless,but for this subdivision,no local ballot pamphlet will be issued in conjunction with that election,in which case this
subdivision shtdl not apply.
(d)Fol each candidate who does not agree to comply with the voluntary expenditure limitations in Section"03,the Secretary of State or local
elections official,as applicable,shall only publish the information set forth in subdivision(e)on behalf of that candiclide if the candidate pays,in a timely
manner prescribed by the Secretary of State or local elections official,an amount equal to the pm rata or incremental costs of printing,handling,
translating,mailing,and related cost%in providing the information in the applicable ballot pamphlet. However,if pur+uant to subdivision(b)or(c)no
ballot pamphlet otherwise will be mailed in conjunction with that election,this subdivision shall not apply.
(e)The information to be published pursuant to subdivisions(a),(b),(c),and(d)shall be as follows:
(1) The candidate's name,address,and the elective office sought by the candidate.
(2) A itatement of not more than 200 words submitted by the candidate,setting forth tltc candidate's background,qualifications,and priorities.
The statement may also include a photograph of the candidate.
(3)A list submitted by the candidate of not more than a total of five individuals,candidates,or organizations who have endorsed the candidate.
The candidate thall provide to the Secretary of State or local elections official,as applicable,a statement of endorsement on the letterhead or with the
authorized signature of each endorser to be listed.
(4)A statement,in boldfaced type equal in sivr to that used for the candidate's name,as follows: "Candidate accepted voluntary spending
limits approved by the voters In 1996;"or in the case of a candidate who does not accept the voluntary spending limits as follows:"Candidate did not
accept voluntary spending limits approved by the voters in 1996."
(f)The local elections offichil shall,in consultation with and itt a manner prescribed by the Secretary of State designate on the ballot those
candidates who,pursuant to section 35402,have agreed to comply with the voluntary expenditure limitations in section 85403. These candidates shall be
identified by placing an asterisk(•)next to their names on the ballot and each page of the ballot shall contain the following statement: `Candidate
accepted voluntary spending limits approved by the voters in 1996."Alternatively,candidates who do not accept the voluntary spending limits shall be
identified by placing a double asterisk(••)nett to their names on the ballot and each page of the ballot shall contain the following statement:
"••Candidate slid not accept voluntary spending limits approved by the voters in 1996"
(g)The provisions of this section shall apply only in the event that section 85401 is not in effect.
SEC.30.Adjustmeuts for Inflation
85405. The commission shall adjust the expenditure limitations set fortlr in section 85401,or section 85403 if section 85401 is not in effect,to
reflect changes in the Consumer Price Index for California rounded to the nearest one dollar($1.00)in January of ovary odd-numberod year after this
chapter becomes operative.
SEC.31.Candidate Use or Personal Funds
85406. A candidate who uses his or her personal funds to seek election shall report expenditures of personal funds to the commission at the first
instanoe that the aggregate expenditure or obligation for expenditures of personal fiords is 10 percent or more of the cxpendittre limitations set forth in
section 85401 or 85403,whichever is in effect Theatsiler,the aggregate expenditures or obligations for expenditure,;of personal funds of a candidate
shall be reported to the commission on the candidate's campaign statement at each subsequent reporting period. A candidate who makes expenditures of
personal funds of 10 percent or more of the expendittus limitations set forth in sections 85401 or 85403,whichever is in effect,during the 10-day period
before the day of the election shall notify,by personal delivery,facsimile or other electronic means,to the commission and all candidates for election to the
office sought by the candidate making expenditures or obligations for expenditures of personal funds.Such notification shall be made at each expenditure
of 10 percent of the expenditure limitation set forth in section 85401 or 85403,whichever is in effect. The notification shall occur within 12 hours of
expenditures or obligations for expenditures under this subdivision.
SEC.32.Independent Ezpendittues
83407..(a)For purposes of this chapter,the term"independent expenditure"means an expenditure for an advertisement or other communication
that: (1)contains express advocacy,and(2)is not tttade at the behest of a candidate or a candidate's agent or arranged,coordinated or directed by the
candidate or the ctumdidate's agent.
(b)For purposes of this chapter,the following expenditures are not independent expenditures and unless an exception is otherwise set forth in this
title,shall be considered contributions to a candidate if they result in ammmunications that expressly advocate that cam didate's election or the defeat of that
candidate's opponent:
(1)An expenditure made by a political party.
(2)An expenditure in which there is any arrangcment,coord'utation,or direction with respect to the expenditure between the candidate or the
candidate's agent and the person making the expenditure.
(3)An expenditure in which,in the calendar year in which the election is to be held,the person malting the c xpenditurc is or has been: (A)
authorized to raise or expend funds on behalf of the candidate or the candidate's controlled eommnittec:or(B)serving as a member,employee,or agent of
the candidate's controlled committee in an executive or policy making position.
(4)An expenditure in which the person making the expenditure retains the professional services of any indi,,idual or other person who is also
providing professional services in the same election to the candidate in connection with the candidate's pursuit of nomination for election,or election,to
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office,including any services relating to the candidate's decision to seek office.The term"professional services"shall include any services in support of
any candidate's pursuit of nomination for elation,or election,to office.
(c)For purposes of this secticm,the person making the expenditure shall include any officer,director,employce,or individual involved in making
the expenditure for purposes of this subdivision.
(d) Foi purposes of this chapter,the term"express advocacy"means,a communication,which when taken a•;a whole and with limited reference
to external events is an expression of support for,or opposition to,the election of a clearly identified candidate,a specific group of candidates,or candidates
of a particular political party.
(e)Any independent expenditure is not considered a contribution to or an expenditure by or on behalf of the candidate with whom it is identified
for the purpose:;of the limitations specified in this chapter.
(f)Any person who violates this section shall be strictly liable under Chapter 11,beginning with 91000.
SEC 33.Disclosure of Independent Expenditures
85408. (a) Any person who makes independent expenditures in support of or in opposition to a clearly identified candidate in the aggregate
amount of one thousand dollars($1,1100)or more per election shall notify the filing officer and all candidates running for the same office within 24 hours
by facsimile transmission or other electronic medium prescribed by the commission or local elections authority designated by the commission,and by
overnight delivery for each subsequent independent expenditure that is five thousand dollars($5,000)or more.
(b) Nc person,except a Citizen Contribution Committee,shall contribute more than 5200 to any committee which makes independent
expenditures gieatca than$1,000 per election in support of or in opposition to a clearly identified candidate. A Citizen Contribution Committee shall be
limited to contributing to any comminee which makes independent expenditures greater than$1,000 per election in sapport of or in opposition to a clearly
identifiel candidate no more than the maximum amount that can be contributed by 100 individuals to such committe.:.
SEC 34.Registration Fee for Committees
85409. Upon filing a statement of organization under section 84101 of the Government Code,a committee ;hall be charged a registration fee of
$100 per calendar year. This registaltion fee shall be paid to the Secretary of State 1br the purpose of administering ti-is chapter.
LOBBYIST.PROVISIONS
SEC.35.Lobbyist Definition
Section 82039 of the Government Code is repeated.
-82839 ,
tntilid CXPCIISC�,to COMIL.fiCift diltdl�Of thl0tigh hib 01 lt..arnis tvith at y ellecid ve state Official,.4502M official 01 Icitisilatim efficial fm die Fin
inflocneing iq slad re a.administiati be attic.,iF*sebstiattial ci zcgWw portion of the activ itics fibi%Nhich be oi site iceci wes consideration is fbi die
(im Section 06390.
(Amended by Stats. 1984,Ch. 161,Sec.1.)
82039. Section 82039 is added to the Government Code,to read:
"Lobbyist"means any individual who either receives five hundred dollars(5500)or more in any calendar month per calendar year in economic
consideration from another person,or who,regardless of any economic consideration,is an employee,professional,or agent,and whose principal and
substantial duties in that capacity are,to communicate directly with any elective state official,agency official,or designated employee as defined in Section
82019 for the purpose of influencing legislative or administrative action. No individual is a lobbyist by reason of activities described in Section 86300. For
purposes of this section,reimbursement solely for reasonable travel expenses is not economic consideration. For purposes of this section,neither the rude
preventing disclosure of an atiomey i work product nor any privilege against disclosure based on the attomeychent relationship shall apply to any required
report or disclosure under this title,tadess expressly required by the United States Constitution or the California Constitution.
SEC.36.Lobbyist Registration Fee
Section 86102 of the Government Code is amended to read:
86102. Each lobbying firm and lobbyist employer required to file a registration statement under this chapter rmay shall be charged-notmerelltan
twenty live doh o ire hund _dollars 00 per year for each lobbyist required to be listed on its registration statement.
(Repealed and added by Suits. 1985,Ch.1183,Sec.7. Effective September 29,1985.)
SEC.37.Repeal of Tax Deduction for Lobbying
Section 17221 is added to the Revenue and Taxation Code,to read:
17221. (a)Notwithstanding Section 17201,no deduction shidl be allowed for any expenses paid or incurred during the taxable year as described
in paragraph(l)of subdivision(e)of Section 162 of the Internal Revenue Code.relating to appearances before,submission of statements to;or sending
communications to,any employee or officer of the legislative branch or the executive branch of the state,or any political subdivision thereoty with respect
to any rule making or any quasi-legislative function of the executive branch of the state or any political subdivision thereof.
(b)For purposes of this section,the expenses described by paragraph(1)of subdivision(e)of Section 162 ofthe Internal Revenue Code shall
include"lobbying expenditures"as defined in paragraph(1)of subdivision(c) of Section 4911 of the Internal Rcvei rue Code,and shall also include as a
"lobbying expenditure"any expenditure incurred in attempting to influence any action of die legislative branch or executive branch of any government by
communication with any employee,officer.member,or agency of the executive branch of federal,state,or local goN emment,or any other similar
governing body.
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Suction 24335 is added to the Revenue and Taxation Code,to read:
24335. (a)No deduction shidl be allowed for any expenses paid or incurred in the taxable year as described in paragraph(1)of subdivision(e)r
Section 162 of the Internal Revenue Code,relating to appearances before,submission of statements to.or sending communications to,any employee or
officer of the legislative branch or the executive branch of the state,or any political subdivision thereof,with respect to any rulemaking or any quasi-
legislative function of the executive branch of the state or any political subdivision thereof.
(b)For purposes of this section,the expenses described by paragraph(1)of subdivision(c)of Section 162 of the Internal Revenue Code shall
include`lobbying expenditures"as defined in paragraph(1)of subdivision(c) of Section 4911 of the Internal Revenue Code,and&hall also include as a
"lobbying expenditure"any expenditure incurred in attempting to influence any action of the legislative branch or executive branch of any government by
communication with any employee,officer,member,or agency of the executive branch of the federal,state,or local government,or any other similar
governing bod).
SEC.38.Loblrybt Gift Ban
Section 86203 of the Government Cade is amended to read:
86203. It shall be unlawful for a lobbyist,or lobbying firm,to make gifl.
Inarkth,01 to act as W1 agent or intelinedimy it.the Inaltil IS of Buy gff�a,to mlar 5.far die,laid,15 ofmq 0 by any other person a gift to act as an a=nt
or intermedias jn the making of i gf&or is armn¢e for the�$of a g M byany other p rson.
(Ammided by Stats. 1985,Ch. 1183,Sec.9. Effective September 29,1985.)
DISCLOSURE I•N CAMPAIGN ADVERTISEMENTS
Article 5(commencing with Section 84501)of Chapter 4 of Title 9 is added to the Government Code to read:
SEC.39.Definitions
84501 (a)"Advertisement"means any general or public advertisement which is authorized and paid for by a person or committee for the purpose
of supporting or opposing one or more ballot measures or an independent expenditure supporting or opposing one or mon:candidates for office.
(b)"Advertisement"does not include a communication from an organization to its members,electronic broadcasts of less than 15 seconds,or
other small ado ertisements as determined by regulations of the Commission.
(c) "Advertisement"includes phone banks whore the caller is paid;but not where the caller is a volunteer,eN en if the phone charges are paid by
the committee.
(d) `Y umulative contributions"means the cumulative contributions to it committee beginning the first day ti to statement of organization is filet
under Suction 44101 and ending within severs days of the time the ad%ertisement is sent to the printer,broadcast station,or other person doing the
advertising.
SEC.40.Disclosure Statement
84502. (a)Any advertisement as defined in Section 84501 shall include a disclosure statement identifying any person whose cumulative
contributions are$50,000 or more in a statewide campaign.or 525,000 or more in non-statuwidc campaigns to the committee placing the advertisement.
(b)The disclosure for individurds shall read"major funding by:(name and occupation)." The disclosure for non-individuals shall read"major
funding by:(name and business interest)." The commission shall issue regulations defining"occupation"and"business interest,"including regulations
regarding the omission of the business interest disclosure when the name of a non-individual fully describes the business interest.
(c) If there are more than three donors of 525,000 or more,the committee is only required to disclose the highest,second highest and third highest
in that order. If more than three donors contribute 525.000 or more in equal amounts,the corrunittec is required to disclose those contributors in
chronological order.
(d)If the committee has received at least one quarter of its cumulative Contributions from outside the jurisdiction where the election is being held,
the disclosure shall state"major funding from Crit-of--stile(city,county,or district,etc.)contributors."
SEC.41.Ballot Measure Disckisure
84503. (it)Any committee which supports or opposes one or more ballot measures shall name and identify itself using a name or phrase that
clearly identifies the economic or other special interesl of its major donors of 525,000 or mum in any reference to the committee required by law,including
but not limited to its statement of organization pursuant to Section 84101.
(b)If the major donors of S^_5,000 or more share a common employer,the identity of the employer shall also be disclosed.
(c)Any committee which supports or opposes a ballot measure,shall print or broadcast its name as provided in this section as part of any
advertiscmcnt
(d)If Candidates or their controlled committees.as a group or individually,meet the contribution thresholds i br a person,they shall be identified by
the candidate';name.
SEC.42.Mariner of Disclosure
84504. Any disclosure statement required by this article shall be printed clearly and legibly and in a conspicuous manner as defined by the
Commission,prominently on the front page of any written advertisement(including outdoor advertisements)or,if the communication is broadcast or
spoken,the information shall bespoken so as to be clearly audible and understood by the intended public. The commission shall issue regulations to
ensure that all disclosures required by this article shall Mand alone,that is,they shall not have any other words or materials mixed in with them.
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CONFLICT OF INTEREST
SEC.43.AppGcabillty to Elected State Officers
Section 87102 of the Government Code is amended to read:
87102. The requirements of Section 87100 are in addition to the requirements of Articles 2(commencing with Section 87200)and 3
(commencing with Section 87300)and any Conflict ofInterest Code adopted thereunder. _. , to remedies
provided in Chapters 3(commencing with Section 83100)and 11 (commencing with Section 91000)shall-not be applicable to elected state officers for
violations or threatened violations of thisatticir Section5, oily unJer the conditions set orth irk Sectio s 8710 .�,87]02.6.and 87102.8.g@
applicable.
(Amended by Stats. 1990.Ch.84,Sec.6.) .
SEC.44. Applicability to Persons
Section 83116.5 of the Government Code is amended to read:
83116.5. Any person .who purposely or negligently causes any other person to violate any provision of this
title,or who aids and abets any other person in the violation of any provision of this title,shall be liable under the provisions of this chapter title. Pro vided
hewreverfitat jI wg cvR,unless specified coed erwise in this fitIc this section shall apply only to persons who have filing or reporting obligations under this
title,or who are compensated for services involving the planning,organizing,or directing pf any activity regulated or required by this titles and that a
tiolatierrofOtis
(Addeo by Stats. 1984,Cit.670,Sec.2.)
SEC.45.Deffnlidons
Section 84308 of the Government Cade is amended to read:
84308. (a)The definitions set forth in this subdivision shall govem the interpretation of this section.
(1)"Party'means any person who files an application for,or is the subject of,a proceeding involving a license,permit,or other entitlement for
use.
(2)"Participant"means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a
license,permit,or other entitlement for use and who has a financial interest in the decision,as described in Article 1 (commencing with Section 87100)of
Chapter 7. A person actively supports or opposes a particular decision in a proceeding if he or she lobbies in person tie officers or employees of the
agency,testi5c,in person before the agency,or otherwise acts to influence officers of the agency.
(3)"Agency"means an agency as defined ht Section 82003 except that it does.not include the courts or any agency in the judicial branch of
government,local governmental agencies whose mcmburs are directly elected by the voters,the legislature,the Board of Equalization,or elected
constitutional officers. However,this section applies to any person who is a member of an exempted agency but is acting as a voting member of another
agency.
(4)"Otfiax"means any elected or appointed officer of an agency,any alternate to an elected or appointed officer of an agency,and any candidate
for elective office in an agency.
(5)"License,permit,or other entitlement for use"means all business,professional,trade and land use licenses and permits and all other
entitlements for use,-including all entitlements for land trse,all contracts(other than competitively bid,labor,or personal employment contracts),and all
franchises and includes ardyrp ocee rdi g affitclin a mte ,price Q premium�jat a licen ocmtinee_or pg=May cllgrne.
�6)"Contribution"includes contributions to candidates and committees in federal,state,or local elections.
(b)No officer of an agency shall accept,solicit,or direct a contribution from any party,or his or her
agent,of from any participant,or his or her agent,while a proceeding involving a license,permit,or other entitlement for use is pending before the agency
and for three r oaths following the date a final decision is rendered in the proceeding if the officer knows or has reaecm to}crow that the participant has a
financial interest,as that term is used in Article 1 (commencing with Section 97100)of Chapter 7. This prohibition shall apply regardless of whether the
officer accepts.solicits,or directs the contribution for himself or herself,or on behalf of any other officer,or on behalf of any candidate for office or on
behalf of any committee.
(c) Prior to rendering any decision in a proceeding involving it license,permit or other entitlement for use pending before an agency,each dfficer
of the agency who received a contribution within the preceding 12 months in an amount of more than two Matched fitgdallars(H256 one hundred
dollarsS( 100)from a party or from:umy participant shall disclose that tact on the record of the proceeding. No offrcei of an agency shall make,participate
in making,or in any way attempt to use his or her official position to influence the decision in a proceeding involving a license,permit,or other entitlement
for use pending before the agency if the officer has willfully or knowingly received a contribution in an amount of more than
(S250)two hundred dollars JaM within the preceding 12 months from a party or his or her agent,or from any panicipant,or his or her agent if the
officer knows or has reason to know that the participant has a financial interest in the decision,as that term is described with respect to public officials in
Article 1 (commencing with Section 87 100)of Chapter 7.
If an officer receives a contribution which would otherwise require disqualification under this section,returns the contribution within 30 days from
the time he or she knows,or should have known,about the contribution and the proceeding involving a license,permit,or other entitlement for use,he or
she shall be permitted to participate in the proceeding.
(d)A party to a proceeding before an agency involving a license,permit,or other entitlement for use shall di.close on the record of the proceeding
any contribution in an amount of more than two btard,ed fifty dalIMT(H-50)elite•hundred dollars($100) made within the preceding 12 months by the
party,or his or her agent,to any officer of the agency. No parry,or his or her agent,to a proceeding involving a liceosc,permit,or other entitlement for use
pending befor..ary agency and no rarticipant,or his or her agent,in the proceeding shall make it contribution
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('WSW to any of 6cer of that agency during the proceeding and for thrix months following the date a final decision is rendered by the agency in the
proceeding. When n closed corporation is a party to,or a participant in,a proceeding involving a license,permit,or other entitlement for use pending
before an agency,the majority shareholder is subject to the disclosure and prohibition requirements specified in subdivisions(b),(c) ,and this subdiviaim
(e)Nothing in this section shall be construed to imply that any contribution subject to being repotted under this title shall not be so reported. 1n
ad4ition.nothinu in this section shall be construed to authorize(2 mWng aTacceptence of BM contribution in excess of contribution limitation sed
forth in this gk Ary violation go the disclosure prov-isions oofeither subdivision JQ or(ji rgt is section creates @ rgh,=&gresumtrtion lot the action
tall be void Ln_a action brought RM.ua t IR Cligpte�l 1 commencing with Section 9100 of the title.
(Amended by Stats. 1989,Ch.764,Sec.2.)
SEC.46. Article 1(commencing with Section 89500)of Chapter 9.5 of Title 9 of the Government Code is repealed.
SEC.47. Article 2(commencing wish Section 895(14)of Chapter 9.5 of Title 9 of the Government Code is repealed.
SEC.48. Article 3(commencing wish Section 89506)of Chapter 9.5 of Title 9 of the Govcmment Code is repealed.
DISPOSITION OF CAMPAIGN FUNDS
SEC.49. The heading of Article 4(commencing with Section 895 10)of Chapter 9.5 of Title 9 or the Government Code is amended to read:
Article 4 2. Campaign Funds
(Miele 4 added by Stats. 1990,Ch.84,Sec. 13.)
SEC.50. Section 89519 of the Government Code is repealed.
-89519. Upen leaving any elected offiec'el at the end Fo,.poste1ectmcn,.ko,fi&,j5 period following the deicei of acarditift ft"elective office;
(n)(1)92b.paymort ofactslandi g canips4n debts oi elected c ffic..'s expenses.
(2)Fol ptuy'asefe is subdivision;die payntent fbi'm He lei 11
catstmAng canqx6w,debt m cleead affica's expense,I jewided that the ducats rise fiazz his 0 her activities,d0ties 01-tltttl-83 It candidate oi elected
office mid thatdie drests have been reported to and ve,qficd by an appopliaft law e,ge.centerit apney. 'Vetificatio shall be determined solely by the latow
.12famentent agency to Mrich the flumt"wmpoitcd. The candidate o. elected officet shall report wry expendittsic a �,,F*-.fmids rnzdc pais=nt to
d2w....tit"tothecarranission. 2FICICY.Ittothecont fissie i sind!include die date that the candidate at elected officti h formed the Eno enfaicenlent
88WIC9 oftfre d L08t,the ms.and pb..w munbcz of the ht ov enforce i cat agency,and a b,iCE dC3C1iF2i0L1 Of die tin cut Nomem than five thc=w,ddcHw3
this anbdraisionshall be made riming th,two yews i i a ediately fbilewing die date oper.which die cantpaipt funds b funds. The
in medietclyfo}lawing the date tipon which
installed,m 1xit, to the closing of lite suftolus canipsign fund accoaft volficl eye cmicsffist. Rc c1ceherric sectuity sysbc...shall be the 1,Opel tY of th
cc ni titace of die em didate ai elected officer
theprececdsroo+ '
Politicad pmty of Committee$0101115 Its dle ffinds=rick used!a inake co.hibutiat a in
ivr elecdveoffice.
(C)r=Itlibutions to st3ppo t "Oppose any ew did=fe. federal office,any c...didate fa, clecti vc affice in a s at.o1he, HIM,eaffair
ballotmessine.
(6 file fal plofessiontl a,vim fewmiably ze4tri cd by 8 ecernsnittze to assist it.die
iMclUderg paymerrtfb,attorney+sfees
elected officc,including,butrio!ihnited to;..wfict,to er�oi I defm wdar defense ofan action b.atight of&viol. F.talt..local cant.
disclosure,a dection laws,as d m actias wising fiern sit election condes!v. =Unt.
(Amended by Stats. 1993,Ch. 1143,Sec.3. Effective January 1,1994.)
SEC.51.Disposition of Campaign Funds
Section 89519 is added to the Goventment Code,to read:
89519. Aller a candidate withdraws from or is defeated in an election for,or is elected to,an office for which he or she has filed a statement of
intention to be s candidate for elective office pursuant to Section 85200;Section 85313 shall govern the disposition of his or her campaign funds raised'
that election.
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ENFORCEMENT
SEG 52.Removal from Office
Section 91002 of the Government Code is amended to read:
91002. (a1 No person convicted of a misdemeanor under this title shall be a candidate for any elective office or act as a lobbyist for a period of
four years foilm*ing the date of the conviction unless tic court at the time of sentencing specifically determines that this provision shall not be applicable.
A plea of nolo c,+mtendere shall be'deemed a conviction for purposes of this section. Any person violating this section is guilty of a felony.
(U AM person,having previously been convicted Qf a misdemeanor under this fiLe anA sublet to Section 91002 may.in the discretion of I e
criminal vrosecutor be charged for anysubsegucnt violation with a misdemeanor ora felony.
U gay person who has previously bepn fined twice under any Myision or provisions of this title shall its lately uvon eat of g final judgment
X issuance of atf order its 'n a fine jn the third such act bq removed ft2m any public office held in t pe state Rpprsuant to section 1770.have
me strickm f om the registration list maintained under Article 1 of Chap 6 and t ereaftcr may not be a candidate For any eleetivc office or act as a
I bo bvist lobbying f rm pr lobbyist emnicycr.
(Added June 4,19747 by initiative Proposition 9.)
SEC.53.Citizen Enforcement
Section 91003 of the Government Code is amended to read:
91003
a Any resident i e to
vote]n Lke,juristMm may roe for injunctive relief or a temporary restraining order to enjoin violations or to compel 9,o 'ante with tL1 g provisions of this
title TJpe mattin shall be oven vinor"gnn the courts calundar and shall ht heard at he earliestR2ssible time with the p ore!bat any action.conduct
misconduct or 1 allure to as n;RQjl disclose.2rJ&miv o1he1 action n ouired by this titlebe remedieds2 aMp Wot 12 in a �nreiudice lie voters or the
election. T to court may in tt�discretion roouire any plaind other than the commission to file a complaint with be commission¢sit that decision shall in
nQ way divest Ie court of iurisdiction tQ hear the matter or delay the issuance many aporooriate re'ef. h agy action Ig en orae 11jttle the court sh�lel
award to a plaintiff who prevails ni Qr her costs of litigation.includinc rcasonab a attome s fees. JLe court may awardto a defendant who vis i or
he_r costs Q litigation,int udin reasonable at6omeWs feeh only if the court finds.on the record.LhatLhe matter w_as fri vo our or brought in bad faith for
some other iMippccryurpose. The Rpnvisions of Section 425.16 Qf the Code Qf Civil Procedure shall not apoyl to any action filed pursuant to this section.
(b)Upon a preliminary showing in an action brought by a pawrt tesiding in DursuWIQ this gcction that a violation of Article 1
(commencatg with Section 87100),Article 4(commencing with Section 87400),or Article 4.5(commencing with Section 87450)of Chapter 7 of this title
or of a disqualification provision of a Conflict of Interest Code has occurred,the court may restrain the execution of spry official action in relation to which
such a violation occurred,pending final adjudication. If it is ultimately determined that a violation has occurred and that the official action might not
otherwise have preen taken or approved,the court may set the official action aside as void. The ollicial actions covered by this subsection include,but are
not limited to orders,permits,resolutions and contracts,but do not include the enactment of any state legislation. In considering the granting of
preliminary or permanent relief under this subsection,the court shall accord due weight to any injury that may be sufficed by innocent persons relying on
the offrcird aetien.
(Amended by Stats.1987,Ch.628,Sec.1.)
SEC.54.Civil Enforcement by Registered Voters
Section 91004 of the Government Code is amended to read:
91004. Any Unless stecificalY provided otherwise in this pk am person who intentionally or negligently violates any of the reporting
requirements of this ad fLtLe shall be liable in a civil action brought by the civil prosecutor or by a person-residing registered voter within the jurisdiction for
an amount not pnore than three times the amount or value not properly repotted.
(Added June 4,1974,by wtiative Proposition gip.)
SEC.55.Disclosure Enforcement
Section 91005 of the Government Code is amended to read:
91005. (a)Any Unless specifically provided otherwise in this colla,aM person who makes,or receives,or ails to prourerly isclose or re rt a
contribution,gift or expenditure in violation of _ this title is liable in a civil action brought by the civil
prosecutor or by a-perserrresi ft registered voter withut the jurisdiction for an amount up to five hundred dollars($500)or three times the amount of the
unlawful contribution,gift or,expenditure,or failure Lo disclose or moo rL whichever is greater.
(b)Any designated employee or public official specified in Section 87200,other Or&i mi clected slide officer,who realizes an economic benefit as a
result of a violation of Section 87100 or of a disqualification provision of a Conflict of Interest Code is liable in a civil action brought by the civil prosecutor
or by a perspn residing registered voter within the jurisdiction for an amount up to three times the value of the benefit
(Amended[as amended by Stats. 1989,Ch. 1452]by Stats. 1990,Ch.84,Sec. 14. Note:Prior amendment by Stats. 1989,Ch. 1452,affected the
version from Stats. 1982,Ch.727,and did not incorporate the nonoperative amendment by Prop.68.)
SEC.56.General Enforcement
Section 91005.5 of the Government Code is amended to read:
91005.5. Any person who%folates any provision of this title, ,for which no specific civil penalty is
provided,shall be liable in a civil action brought by the commission or district attorney,2!a registered tered voter pursuant to subdivision(b)of Section
n 13 of 15
(� —1—l'y
91001,or thee:wed city attorney pursuant to Section 5 1001.5,for an amount up to two thousand dollars(52,000),io be distributed pursuant to section
91009.
No civil action alleging a violation of this title may be filed against a person pursuant to this section if the criminal prosecutor is maintaining a
criminal action against that person pursuant to Section 91000.
The provisions of this section shall be applicable only as to violations occurring after the effective date of this section.
(Added by Stats. 1982,Ch.727,Sec.2.)
SEC.57.Joint and Several Liability
Section 91006 of the Government Code is amended to read:
91006. Any person who aids and abets any '{a son who violates ony of the requirements ofrhos tifle shall elsq hg liable under sections 1004
91005,and 91005.5.If two or more persons are responsible for any violation,they shall be jointly and severally liable. in addition.,forngq violation Jo Wy
campaign moortina contribution.gFexpenditure regpinmtenttie candidaly gill glIm be liable forte violation Rglgli someone other than the candidate
was r sgponsibl:for the violation and acted without the candidate's.IMasurces and campaign manager'sknowledge or consent,and acted whollyuo tside 1ILe
&qoe of ILS ocrson's dutim and authorization.
(Added June 4,1974,by initiative Proposition 9.)
SEC.58. Cfvd Prosecutor Request for Enforcement
Section 91007 of the Government Code is amended to read:
91007. (a)Any person,before filing a civil action pursuant to Sections Section 91004 and,91005,mtug&s+or 91005.5,may ego file with the
civil prosecutor a written request for the civil prosecutor to commenoe the action. The request shall include a statement of the grounds for believing a
cause of action exists. The civil prosecutor shall respond within4brty 40 days after receipt of the request,indicating whether he intends to file a civil
action. If the civil prosecutor indicates in the affirmative,and files suis within4brty 442 days thereafter,the action shall�e consolidated with 0 action
brought by f� _voter gL no other action maybe brought unless thegciions are dismissed without
prejudice as provided for in Section 91008.
(b)Any persort filing a complaint,cross-complaint or other initial pleading in a civil action pursuant to Sections 91003,91004,91005,or 91005.5
shall,within 10 days of filing the complaint,cross-complaint,or initial pleading,serve on the Fair Political Practices Commission a copy of the complaint,
cross-complaint,or initial pleading or a notice containing all of the following:
(1)The full title and number of the case.
(2)The court in which the case is pending.
(3)The name and address of the attorney for the person filing the complaint,crossa omplaint,or other initial pleading.
(4)A statement that the case.raises issues under the Political Reform Act.
(c) No complaint,cross-complaint,or other initial pleading shall be dismissed for failure to comply with subdivision(b).
Nig civil action once filed under Section 91004 005 or 91005.5 may be dismissed 'without leave of court upon a showing of 2ta ofttie
following:
(U D%plain has de rmi nem in good faith.that the matter is 'tot hout substantial mentor it is otherwise nut'us- lb&2U&interest is continue the
action."and that-"I,:plait has Ileither received np_r agreed Loga paNnicritinducement considerationor aarr y act or or aran h easy de e d t g!JLs
or haer agent Qty than payment of costs of litiotion acid reasonable atto s fees.
M Tie parties hM delerrnined to compromise and enter into a settlement of some or gll of the disputed claims and the court.after hearing
determines that the settlement il Ln tieb is u 'n rest. AAty settlement or compromise aponrved by JLc court shall be deemed to_g a findingf'gviolation
fm yuroosea o1' 'vision u of S_pgon -91002 and Section 91009.
(Amutded by Stats. 1985,Ch. 1200,Sec.2.)
SEC.59.Attorney's Fees
Section 91012 oflhe Government Code is amended to read:
91012. The court may shall award to a plaintiff ,who prevails in any action authorized by this title his costs of
litigation,including reasonable attomey's fees.
The court mea�award Lop defendant other than an agency whorep vails in M action authorized-by
iv tide his a h-q costs-of litigati including reasonable attomgys fees.only if the court findl on JLe record,that the matter was frivolous,pE brought in
li§d faith or f1 me.other imRM 2grpose. to pyo ' ions of Section 425.16 of the Code of Civil Procedure shall not eDDIV to My sction filed pursuant
Lo Section 920)4 91005,oI 91005.5.
(Added Jime 4,1974,by initiative Proposition 9.)
SEC.60. Seciion 91015 of the Cr o% Code is repealed.
-91815 .
(Added by Stats. 1984,Ch.670,See.6.)
MISCELLANEOUS PROVISIONS
SEC 61. Appropriation From the General Fund
There is hereby appropriated annually from the General Fund the sum of three cents(50.03)per individual of the voting age population in the state,to L.
adjusted to reflect changes in the Cost of Living Index in January of arch even-numbered year atter the operative date of this act,for expenditures to
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support the operations of the Fav Political Practices Commission in administering and enforcing this title. The Franchise Tax Board shall,as soon as
possible after the and of the first calendar year in which sections 17221 and 24335 of the Revenue and Tax Code have been in effect calculate the amount
of the increased tax revenues to the state as a result of these sections. From the amount so calculated,the Controller shall,for each fiscal year,transfer to
the commission,from the general fund,the amount necessary to meet the appropriation to the commission set forth above. In any event,regardless of
whether the increased revenue from sections 17221 and 24335 of the Rovenue and Tax Code is sufficient,the legislature shall provide the appropriation to
the commission set forth above. To the extent the legislature provides budgetary support for local agencies for adminisi ation and enforcement of this title,
the amount of increased tax revenues to the state as a result of section 86102 shall also be provided for this purpose. Ifany provision of this title is
challenged successfully in court,any attorney's fees and costs awarded shall be paid from the General Fund and shall not be assessed or otherwise offset
against the Fair political Practices Commission budget. Any savings or revenues derived from this title shall be applied to the Anti-Corruption Act of 1996
Enforcement Fund to pay costs related to the administration and enforcement of the title,with the remainder to be placed in the General Fund for general
purposes.
SEC.62. Severability
If any provision of this law,or the application of that provision to any person or circumstances,shrdl be held invalid,the remainder of this law to the extent
that it can be Shen effect,or the application of that provision to persons or circumstances other than those as to which it was held invalid,shall not be
affected thereby•and to this extent thee provisions of this law are severable. In addition,if the expenditure limitations of Section 85401 of this act shall not
be in effect,the contribution limits of Sections 85301,85302,85303,and 85304 shall remain in effect.
SEC 63. Effective Date
This law shall become effective November 6,1996.In the event that this measure and another measure or measures relating to campaign finance reform
in this state shall appear on the state wide general election ballot on November 5,1996,the provisions of these other measures shall be deemed to be in
conflict with thio measure. In the event that this measure shall receive it greater number of affirmative votes,the provisions of this measure shall prevail in
their entirety,and the provisions of the other measure or measures shall be null and void in their entirety. In the event that the other measure or measures
shall receive a greater number of affirmative votes,the provisions of this measure shall take effect to the orient permitted by law.
SEC.64.Sense of the People
It is the sense of the people of California that candidates for the United States House of Representatives and the United States Senate seeking to represent
the people in the Congress of the United States should comply with the contribution limits and expenditure limits, prescribed herein for candidates for the
state Senate and Governor,respectively. The people recognize that the limitations prescribed in this law may not be mandated by the people for candidates
for federal office. However,it is the sense of the people that these limitations are necessary to prevent corruption and the appearance thereof and to
preserve the fairness and integrity of the electoral prociws in California. The people,therefore,suggest that candidates for federal office seeking to
represent the people in the Congress of the United States comply voluntarily with the limitations prescribed herein until such time as comparable
limitations are adopted by the Congress of the United Stirtes or through a constitutional amendment.
It is also the serve of the people of California that the broadcast licensees,as public trustees,have a special obligation to present voter information
broadcasts. For the privilege of rising scarce radio and television frequencies,the broadcasters are public trustees with an obligation to provide at no cost
and no profit time for candidates to appear and use the station,whether radio or television,for the presentation of candidates'views for some brief period
during prime viewing or listening time in the 30-day period prior to an election. The people of California recognize that the federal government has
jurisdiction for wch a mandate,and strongly urge the Congress of the United States to require the Federal Commune:bons Commission to enforce these
requirements upon broadcasters as a condition of holding a public broadcast license and fulfilling the broadcasters public service obligation.
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-/-o'1' C1