Bill Text: CA AB2250 | 2015-2016 | Regular Session | Introduced

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Bill Title: Political Reform Act of 1974: contribution limitations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - Died on inactive file. [AB2250 Detail]

Download: California-2015-AB2250-Introduced.html

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BILL NUMBER: AB 2250	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 18, 2016

   An act to amend Section 85320 of the Government Code, relating to
the Political Reform Act of 1974, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2250, as introduced, Ridley-Thomas. Political Reform Act of
1974: contribution limitations.
   The Political Reform Act of 1974 imposes various limitations on
contributions that may be made to, or accepted by, candidates for
elective office and campaign committees that support or oppose
candidates and ballot measures. The act prohibits a foreign
government or principal, as defined, from making a contribution or
expenditure in connection with a ballot measure. The act also
prohibits a person or committee from soliciting or accepting a
contribution from a foreign government or principal for this purpose.

   This bill would expand the scope of these prohibitions by also
prohibiting a foreign government or principal from making a
contribution or expenditure, and a person or committee from
soliciting or accepting this type of contribution, in connection with
an election.
   A violation of the act's provisions is punishable as a
misdemeanor. By expanding the scope of an existing crime, this bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill would declare that it furthers the purposes of the act.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 85320 of the Government Code is amended to
read:
   85320.  (a)  No   A  foreign government
or foreign principal shall  not  make, directly or through
any other person,  any   a  contribution,
expenditure, or independent expenditure in connection with  an
election, including  the qualification or support of, or
opposition to,  any   a  state or local
ballot measure.
   (b)  No   A  person  and no
  or a  committee shall  not  solicit or
accept a contribution from a foreign government or foreign principal
in connection with  an election, including  the
qualification or support of, or opposition to,  any 
 a  state or local ballot measure.
   (c) For the purposes of this section, a "foreign principal"
includes the following:
   (1) A foreign political party.
   (2) A person outside the United States, unless either of the
following is established:
   (A) The person is an individual and a citizen of the United
States.
   (B) The person is not an individual and is organized under or
created by the laws of the United States or of any state or other
place subject to the jurisdiction of the United States and has its
principal place of business within the United States.
   (3) A partnership, association, corporation, organization, or
other combination of persons organized under the laws of or having
its principal place of business in a foreign country.
   (4) A domestic subsidiary of a foreign corporation if the decision
to contribute or expend funds is made by an officer, director, or
management employee of the foreign corporation who is neither a
citizen of the United States nor a lawfully admitted permanent
resident of the United States.
   (d) This section  shall   does  not
prohibit a contribution, expenditure, or independent expenditure made
by a lawfully admitted permanent resident.
   (e)  Any   A  person who violates this
section  shall be   is  guilty of a
misdemeanor  and shall be fined an amount equal to 
 punishable by a fine in  the amount contributed or
expended.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 3.  The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect the process of democratic self-government for
Californians in elections held in 2016 by restricting campaign
contributions and expenditures made by foreign principals and foreign
governments, it is necessary that this act take immediate effect.