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Home My WebLink AboutMINUTES - 10151996 - D5 TO: BOARD OF SUPERVISORS CONTRA COUNTY FROM: Gayle Bishop, Supervisor,District III COSTA DATE: October 15, 1996 SUBJECT: Adopt a Position in support of Proposition 208 and in opposition to Proposition 212. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Consider adopting position in support of Proposition 208, "The California Political Reform Initiative," and in opposition to Proposition 212, "The Anti-Corruption Act of 1996". BACKGROUND: Proposition 208 is a State initiative supported by Common Cause that would institute campaign finance reform in California. It limits campaign contributions to local and state elected officials and candidates, places limits on campaign spending, bans fundraising in non-election years, prohibits lobbyists from making or arranging contributions and prohibits candidates from transferring their contributions to other candidates. Proposition 212 would invalidate Proposition 208 and has many provisions that would be open to legal challenge. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Octnber 1 j _T 1996 APPROVED AS RECOMMENDED__X_OTHER VOTE OF SUPERVISORS See addendum for Vote on I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS (ABSENT motions. —) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED October 15 , 1996 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: Appointee Supervisor, District III County Administrator n County Counsel a BYCiL ,DEPUTY r ADDENDUM TO ITEM D. 5 OCTOBER 15, 1996 Following Board of Supervisors discussion and consideration of adopting a position in support of Proposition 208 and in opposition to Proposition 212, Supervisor Bishop moved to support Proposition 208 and oppose Proposition 212 . Supervisor Rogers seconded the motion. The vote on the motion was as follows : AYES : Supervisors Rogers, Bishop and DeSaulnier NOES : Supervisor Torlakson ABSENT: None ABSTAIN: Supervisor Smith Supervisor Rogers moved to oppose Proposition 212 . Supervisor Smith seconded the motion. The vote on the motion was as follows : AYES : Supervisors Rogers, Bishop, DeSaulnier and Smith NOES : Supervisor Torlakson ABSENT: None ABSTAIN: None P Request to S eak Form D.5 ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' mum before addressing the Warne: Z, d f s7 Phone: I am speaking for myself-- or i owre of � CHECK ONE: I wish to speak on Agenda Item #_ '( Oat r� My oomnnents will be: pn&W �for..Ma ._. i wish to speak on the subject of 1,.do not wish swiish to wak but leave these �c/omnrerrts for the Board to rn iddei; dor- eyaal.20Y' a- /'!d 0?111 /? 7- L5 re.� Gsr 4' appears to violate subdivision(b)and directing an attorney,law firm,or party-to show cause ;6148 shall be entitled to payment-aa the agmed-upon rate for rearonabk services rendered why it has notviolated subdivision(b),unless,within 30 days of service of the order to show _ and expenses advanced or incurred during the course of the representation to the time of cause,the challenged paper,claim,defense,contention,allegation,oudenial is withdrawn or discharge:Attorneys who have contracted fora flat fee or other method _ any . of compensation appropriately corrected — ; ..a_ -..:, . �not subject to Section 6146 or 6147 shall be entitled to any unrrimbursed expenses advanced (d) A sanction imposed for violation of subdivision(b)shall be limited to what is -.or incurred and the,reasonable.value of their services to the time of discharge. sufficient to deter repetition of this conduct or comparable conduct by others similarly (d)Nothing in this.sertioa shall limit or otherwise effect any law in effect on January 1, simated.Subject to the limitations in paragraphs."(1)and(2),thesaration may consist of,or 1993,with-regard to attorney's fees,or impair the inherent authority of the courts to regulate ' include,directives of a nonmonetary nature,an order to pay a penalty"inW cacti,or,if imposed on motion and warranted for effective deteirenoe,= directing payment to the p re of lawor to prohibit illegal or uncaisciondble fees or de authority of a court in x movant of some or all of the reasonable attotrey's fes and other,expenses incurred as a direct "a pnrdadar.case to'find that a fee is excessive pursuant to Section 6146.1. result of the violation SECTION 5. RELIEF FROM EXCESSIVE ATTORNEYS'Fm (1) Moaetary sanctions may not be awarded against a repitaciftill patty fa a violation of .. Section6146.1.is added to the Busniess and Professions Code,to read: paragraph(2)of subdivision(b). . . , 6146.1. .(a)No attorney"enter into an agreement for,charge,or collect an excessive a (2)Monetary sanctions may not be awarded on dee court's meson unless the court issues fLe ` its order to show cause before a voluntary dismissal or settlement of the clai is.made by or (b) hi addition to any other remedies at law,a client may bring an action against an against the party that is,or whose attorneys are,to be sanctioned. ''' attorney io seek declaratory relief that a fee agreement-a portion of the fee required by that (e) When imposing sanctions,the court shall describe the conduct determined to eoiantuu -agreement-is excessive,or to recover that portion of a fee.collected or withheld that is a violation of this section and explain the basis for the sanction imposed. excessive. (f) In addition to any award pursuant to this section for conduct described in subdivision .(c)lnadditeruh to any othevirmedies at law,in an action brought by an attorney against a G (b),the court may assess punitive damages against the plaintiff upon a detetminatiou.by.the :client for breach of a fee agreement,the client may file a cross-complaint or assert an Fi court that the plaintiffs action was an action maintained by a person convicted of a felony affrmativt defense alleging that the fee agreement or a portion of rhe fee required by that °) against the person's victim,or the victim's heirs,relatives,estate,or personal representative, agreement is excessive. ' for injuries arising from the acts for which the person was convicted of a felony,and that the (d)Far"purposes of the act adding this section,an excessive fee is defined as one that is plaintiff is guilty of fiaud,opprasioa,or malice in maintaining the action. wrcomscio►uable.In determining whether a fee or a fee agreement is unconscionable,the court (g) This section shall not apply to disclobits and discovery requests, responses. shall consider the following factors,in tight of all the facts and circumstances. objections,and motions. i (1) The amount of the fee in propordim to the value of the services performed (h) A motion for sanctions brought by a party orapatty's attorney primarily for an =(2) The relative sophistication of the attorney and dee client i improper purpose,such as to harass or to.cause unnecessary delay or needless increase in (3) 75e novelty and doculty of the questions involved and the skill requisite to perform cost of litigation,shall itselfbe subject to a motion for sanctions.tit is the intent of the du.legal service properly. Legislature that courts a court shall vigorously use its sanctions authority to deter such (4) 77te factor likelihood that ale acceptance of the particular en►plalmfent would or did improper conduct or comparable conduct by others similarly aituated. preclude-other employment by the attorney. (i)This section shall apply to a complaint or petition filed on or after January 1.1995,and (5) The amowd involved and rhe results obtained any other pleading,written notice of motion,or other similar paper filed in.such a matter. : (6)The time IWAgdons imposed by the client or by circumstmuYs. +_ (j)This section shalt remain in affect oily antic 3anuary 4;4999;ad as of that date is (7):1 he:natui4 and*ngA of the professional relationship with the client. meas tinter enacted stm uta,that is teaeted before human 4;:1999;deletes or (8) Thr experience, reputation,and ability of the attorney performing the services, extends that date:If a court imposes sanctions on an attorney or law firm pursuant to this 6whiding his or her capacity because of that reputation or ability to secure a better result for section,it shall notify the State Bar if the sanctions were imposed for filing a frivolous lawsuit the.client or a frivolous answer or other responsive pleading to a lawsuit pursumu to Section 6089.5 of (9)Whether the fee is feed hourly,or contingent,including whether the fee rejlects the the Business and Professim Code.The notification shall.include the satictioAs order,any risk duet the representation could result in link or no rwowry. written findings related thereto,and those portions eche record relevant to the order.The (10) The time and labor required attorney or law firm against wham sanctions have been imposed shall reimburse the court for (11)The Wornud emsew of the client to the fee,agreement. aB expenses incurred in reporting to the Sate Bar pursuant tothis subdivision. (12)Whether the attorney has advanced costs in fiarduerance of the representation,and the L SFfCPION 4. CLIENTS'RIGHT TO HIRE AND FIRE ATTORNEY amount thereof. Section 61465 is added to the Business and Professions Code,to read: 1(13)Any other facl or citru msiance rdevanr to the conscionability of the fee. 6146.5. (a)Except as otherwise provided by law in effect on January 1,1995 or by the (e)Nothing in this section shall a,f`ecu die right of the anomey to be reimbursed for actual provisions of the act adding this section,the right of a client or a client's representative to costs advanced or incurred > choose and contract with the attorney of his or her choice shall not be restricted nor shall the SECTION 6. REL43IONSE P TO OTHER INTTIATIM right of a client or the client's representative to negotiate the amount of an attorney's fee, The people recognize that more than one am=dean with the general matters set forth whether fixe hourly,or contingent,be restricted or the validity of those,contracts be in this measure may be on the ballot at the am time.It is the intent of the voters in passing impaired this measure drat it be ocadderrA,for purposes of subdivision(b)of Section 10 of Article II (b)A client shall have the right to discharge his or her attorney at any time during the of the California Cononstidartim to be in conflict with the"Lawyer Contingency Fee Limitation course of the representation. Act'and any other•similar measure Atiempting to limit the right of a client and an attorney to (c)Notwithstanding the terms of any contract entered into pursuant to Section 6146,6147, :. ,ci a Tact with each other for legal services and to enforce those contracts. or 6148,attorneys who are discharged before a ease is finally condmded shall be entitled to AEC11ON 7. SEV11ItA HM compensation only as set forth below: H any provision of this act orits ugrplication to any person or circumstance is held invalid, {I)Attorneys who have entered into contingency fee contracts pursuant to Section 6146 or -tbat invalidity shall trot affect other provisions or applications of the act which can be given 6147 shall be entitled to compensation only in the event the client recovers an award or effect without the invalid provision or_appliection,aad to.dris end the provisions of this act settlement in the matter for which the-attorney had been retained In the event of such art ate severable. award or seukmeN,the attorney shall be entitled to any unnimbursed expenses advanced or 413C11ON 8. AMENDMENT incurred by the attorney during the-course of the apresentation and to the reasonable value ""The provisions.of this act may be amended by a statute tbat-becomes effective upon s of the attorney's services rendered,to the tine of discharge. approval by'the elatasateor by statue to fatherthe act's purposes passed by a two-thirds (2)Attorneys who have entered into hourly rate contracts for services pursuant to Section vote of each house of.th a Legislatu a and signed by the Governor. Proposition 208211ast of Proposed Law This initiative measure is submitted to the people in accordance with the provisions of stake tnauaum before state and locni.go►Knirnnu Article U,Secdon•g of ft CowdWdm The people tnoctdus law to accomplish the following separate but related This initiative measure amends,repeals,and adds sections to various•codes,:therefore, , existing provisions proposed to be dewed are printed in eeriiceerrt type and new pmvtswna ,.(a)To mswe teat ndivuBrraL aid smerwu grow in our society have a fdr.and equitable ;proposed to be added are..priatcd m itatir,type to mdicate that they one aew c , opW>�'to.particfpoAe to rhe tlectrve and gover+nt; ,ptncesses.` - :'PROP03ED LAW -:'(b),T mununize � the cou+trptGtg mrd aPPearance of corruption coined. CAIdPDRNIA I'OLTIICAL REFORM ACT OF 1996 �' roam is s ret cwrrpmigns by providing for reasonable SECTION 1. Article (commencing1with Setrion 85100)oP tester S M Title of the t mud spatdfng lintittr jar aandatts "r (lovet�t fide is repealed (t) 4h ilionnae of lotgt doaer�ttmrs rvltli a spuelfeF financial stake in matters SEC-2 Arttoe 1(oammeattng whm Serxron 85Tillt)fs added to Chapter 3 of Tido 9°at gotieixnmt batvering die ink betivtat lobiiyatg mrd tnnrPaign jurub rising•. the Govermneat Coda.to tea - (� Y corrttp8r(g pttsartsrta mt candrdatts and officeltolderS.for 'f ,y�- + r sstablishrng saialbk rind P for sol+crtrt;g and!s piing ecantPa►gn jA 1 1',ntdtngd - •xi', .Y^* = . ;�y'�.,�+""'ro3�z 's.. �M8510Q 7hs chapttr shall bt,knowvi ata the,C41enia Pattdpai iReforrn stet of 19964- )°Lt► t hrvenatI� a i+t;cmnpatgns dterieby:allowing candidates.and 83101 The piople find mrdkelare`eaiaii ojde folljnwrtg - olietholders aoX a lesser rtion their tone"on raisin and o renter x e ►� pyo 8 8-- +(a)Momttary oaunbutwnr to.pohtraat.txaurpaigrstort mltoiaon teYam►pJ ai p>�o Tib surf that mine cwnnivatfooattg tsniea of bnporamrcr m watts mrd cor►adamus. ' as—American political process=blit Abe fanone►al strength yf mdivtd0als ar o s(f) npr�vvide imparllal asd�suoneotrwlve trucatttvta shout arncoyuage catrdidaies to should cot poorer than m exercise a a�rtrolta4S u�wteuoe an tltc elaxhais of a94"L N =x �; me coat/ to ,i}raw tbi aeuircuss £cotitrfbudons, Gb larger largeblB dI Polihaol txunpwgras fittatsd'nr(ary 4g) + 8� cpmBn pC1 ?$ed of 8 �, '� �B ` � - " t.$ a*.,.r#,�.. :r,,... _ �. _raids alrli r rittK `�axe �+ k w,.. �; - _ �� 69 sli ` .� V,' air a,q� a iyf,� �� $'' �•, Y, yr '�,��;"' �v3• aynfYs", '# ,fiT'`5t.k" sp�a� `y ,.,.. �^&" '^p5� ) „z .- ` .,?t.f "\ ^`^4M�e�'i+.^Mi�R'rtQ1y '.�7fr'.^X'_F43 ��t� : a i Toena �17 �t 85303 No petaott ahtrll gtvsGtr rive aggregmte to everted/.partq coirutnttees of the samormAct of tits a- t ',s t " s r A�� poilheal partK'and: such•parry rnmntittees combured shall accept from arty person 'a 'Article 2 or cofivethousand dollars($5;000)'percalendar theernment Code, �"axe W a aundidaAt may dtstrrbrae airy surpG residual or unexpended earnpat `S K Amick 2. AP1tireY of the Politirol Rtforin Act of 1474 to a polecat pattiy conuniru z "k > Na r Y� s: SEC• tUy Seca 85304 of the Govanment Code m'.w ed g►i 85202. Unless speciftcaUy superseded by thu ac>;�drt defuutimv and proviswrts of that 8636X iVe`eaadtdste fvr'electrie offe ee eeomrt eenttnlled heat esadidate er:: tisk shalfgovern the interptetatron of this G tet 3{ est> s elect�e offne,sfiei}tramfer exrMtibtttibn tb other for ekc&c 85203. "Small'contribrudr comnuttee means;any commaree which ntsth all of tete any �y following•criteria F :7 t X oto�?ramfers of finds het-- or tbeig controlled commiKees are.prvhibiepdc, (a) It has a membership of at least 100 tnd)il tdna s SEC I I Seciior $5304 is added to the Government Code to nod (b)All the contributions itmcervea from airy,person in a calendar year total fly dollars 85304'. No,riwre than 25 percent of rhe recomrnendtd expenduure:limiu specified in,this act at the time of adoption by the voters,subject to cost of living.adjustments as specified in (c)It has been in existence at kart six months v ` " rr Sect"43124;shall,be accepted; Sr lemhC 48 regular course of business an teams available.wroembas of thegener*,pubtie for contribution limitations,in:Section 85301,but shall be subject to the contribution limitations which the can is.persowfly liable: in Section 85402. SEC.17. Section 85307 is added to the Government Code,to read: =:(b)1f a candidate declines to accept the"voluntary upenditum ceilings in Section 85400, 85307..(a)A loan shall be considered a contribution from the maker and the guarantor the candidate shall be subject to the contribution limitations in Section 85301: of the loan and shall be subject to all contribution limitations. (c)-Any.candidate who,declined to accept the voluntary expenditure ceilings but who n: (b)Extensions of credit for a period of more than 30days,other than Joann from financial nevertheless did not exceed the recommended spending limits in the primary,special primary, ,- institutions given in the normal course of business,are subject to all contribution limitations. or special ekeYion,may fik a statement of acceptance of the spending limits for a general or (c)No candidate shall personally make outstanding loans to his or.her campaign or speeidl--runoff election within 14 days following the primary,special.primary,or special campaign committee that total at any one point in time more than twenty thousand dollars election and receive all dee benefus accompanyittg'such an agreement specified in this act. (,520;000)in the case of any candidate,except for candidates for governor,or fifty thousand 85402. (a)Notwithstanding subdivision(a)of Section 85301,ea candidate accepts the L s dollars($50,000)in the case of candidates for governor.•Nothing in this chapter shall. expenditure ceilings set by local ordinance Pursuant to subdivision(c)of Section 85400,no I prohibit a candidate from making unlimited contributions to his:or her own campaign. .perwn,other than small coitributorcomurdaiis and political parry committees,shall make to t SEC.'18. Section 85308 is added to the Govt Code,to teed: any such candidate or etre candidate's controlled canumdtteefor elective office in districts of 85306 (a) Contributions by a husband and wife shall not be aggregated fewer than 100 000 residents and no such candidate.or.the-candidate's controlled committee (b) Contributions by children under 18 shall be treated as contributions attributed.equally shall accept from any such person a contribution or contributions totaling more than two to each parent or guardianhemdred ftfy dollars(3250)for each election in which the candidate is attempting to be on 1 SEC. 19. Section 85309 is added to the Government Cade,to read: "`.ihe ballot or is a write-in candidate. W 85309. No more than 25 percent o the recommended-voluntary enditurr Win p f ry exp -(b)Notwithstanding subdivision (b) of Section 85301, if a candidate accepts the specified in this act at the time of adoption by the voters,subject to cost-of-living adjustments expenditure ceilings in paragraph(1)or(2)of subdivision(a)of Section 85400 or set by as specified in Section 83124,for any election shall be accepted in contributions from other local ordinance pursuant to subdivision(c)of Section 85400,no person,other than small than individuals, small contributor committees,and political party committees in the contributor committees and political party committees,shall snake to any such candidate or r aggregate by any candidate or the controlled conanittee of such a candidate.The limitation in the candidate's controlled committee for elective office in districts of 100,000 residents or this section shall apply whether or not the candidate agrees to the expenditure ceilings more and no such candidate or the candidate's controlled committee shall accept from any specified in Section 85400. such person a contribution or contributions totaling more than five hundred dollars($500) SEC. 20. Section 85310 is added to the Govem>mat Code,to read: foreach election in which the candidate.is attempting to be on the ballot or is a write-in 85310. No person shall contribute in the*agate more than.twenty-five thousandgmadidate .:r" - dollars($25,000)to all state candidates and the state candidates'controlled committees and (c) Notwithstanding subdivision (c) of.Section 85301, if a candidate accepts the political parry committees in any two-year period Contributions from piilitieal packs shall expenditure ceilings in paragraph f3)or(4)of subdivision(a)of Section 85400,no person, be exempt from this provision. other than small contributor committees and political party committees,shall make to any SEC. 21. Section 85311 is added to the Government Code,to read: such candidate or the candidate's controlled committee for statewide office and no such 85311. All payments made by a person established fuuuued maintained or controlled candidate or the candidate's controlled committee shall accept from "such person a 3� by any business entity,labor organization,association,political party,or any other person or contribution or contributions totaling more than one thousand dollars($1,000),for each group of such persons shaft be considered to be made by a single person election in which the candidate is attempting to be on the ballat or a write-in candidate. SEC. 22. Section 853124s added to the Government,Codi,to read: 85403. _For pntrpQsea of the expenhditure Ceilings,qualified campaign expenditures made .r 85312. Tine costs of internal communications to members,employees,or sharriholdersbf at any time W,to the date of the.primarX special primary,or special election shall be an organization.other than a political party,for the purpose of supporting or opposing a. considered expenditures forthat election,and qualified campaign expenditures made after the, candidate or candidates for elective office or a ballot measure or measures shall not be date of such election shall be-considered expenditures for the general or runoff electiom considered a contribution or independent expenditure under the provisions of this`act, However,in the event that payments are made but the.goods or services are not used during provided such payments are not for the costs of campaign materials or activities used in the period purchased the payments shall be considered qualified campaign expenditures for connection with broadcasting, newspaper,billboard,or similar type of general public the time period in which the goods or service are used Payments for goods and services communication used in both periods shall be prorated s SEC. 23. Section 85313 is added to the Government Code,to read: 85404. (a)If a candidate declines to accept voluntary expenditure ceilings and receives 85313. (a) Each elected officer may be permitted to establish one segregated .contributions,has cash on'hared or makes qualified expenditures equal to 75 percent or more ojJicerholder expense find for expenses related to assisting,serving,or communicating with of the mcommended.espenditare ceiling for that office,ice,the voluntary expenditure ceiling shall constituents,or with carrying out the official duties of the elected offecer,provided aggregate .be,•thme times the limit specified.in Section 85400 for any candidate running for the same _ contributions to such a fund do not exceed ten thousand dollars($10;000)within any . nomstatewidt off ice;and two times the limit specified in Section 85400 for any candidate calendar year and dual the expenditures aria not made in connection with any campaign for running for the same statewide office.Any candidate running for that office who originally elective office or ballot measure. accepted voluntary expenditure ceilings shall be exempt from the limits that political party (b)No person shall make,and no elected officer or officeholder account shall solicit or committees may contribute to a candidate in Section 85304,and such candidates shall be accept from a .person,a contribution or contributions to the ifficerholder account totaling. permitted to continue receiving contributions at the amounts set forth,in Section 85402. s more than two hundred fifty dollars($150)during any calendar year.Contributions to an (b) if an independent expenditure committee or committees in the aggregate spend in officeholder account shall not be considered campaign contributions.. support or opposition to a candidate for nonstatewide office more than 50 percent of the (c)No elected officeholder or officeholder account shall solicit or accept a contribution to applicable voluntary expenditure ceiling,the voluntary expenditure ceiling shall be three the q�ceholder account from,through,or arranged by a registered state or local lobbyist or tune the limit specified m Section 85400 for"arty candidate running for the`same elective. a state or local lobbyist employer if that lobbyist or labbyist employer finances,-engages,or is e f ice.Any candidate resting for that office who originally accepted voluntary expenditure authorised to engage in lobbying the governmental agency of the officeholder ceitings'shal(be irempt froth the limits that political parry committees may contribute to a (d)All expenditures from,and contributions to,an officeholder account are subject to the candidate in Section 85304,and such candidates shall be permitted to continue receiving campaign disclosure and reporting requirements of this title. coidiibntim at the amounts set forth in subdivision(a)or(b)of Section 85402. (e)Any funds in an officeholder account remaining after leaving office shall be turned (c) if an"independent expenditure committee or committees in'-the aggregate spend,in over to the General Fund support or opposition-to a candidate for statewide office more than 25 percent of the SEC. 24.' Article 4(commencing with Section 8M)is added to(meter S of We 9 of applitaabk voluntary expendli u feiling,'the voluntary expenditure ceiling shall be increased the Government Code,to read: two times the limit speciyled in Section 85400 for any candidate running for the same 'atanwide office.Any ctndrdatt running for that office who oiiginaily accepted voluntary Article 4. Voluntary F.xpendlturr Ceilings a euro cciJiutgs shall be exempt'irom`the limits that political party committees may 85408 (a)No candidate for legislative office,Board of Equalization,or statewide office contribute'to a candidate in Section 85304,and'such candidates shall be permitted to who-voluntarily accepts expenditure-ceilings and any controlled eommittee of such a continue receiving rx ibiatlow at the.amounts set forth In subdivision(e)of Section 85402. candidate shall make campaign expenditures above the following amount: 7(d).The commission shall�mqufm candidates and independent committees to provide r-(1)For an Assembly candidate,one hundred thousand dollars{5)00,000)in the primary or curl primary election and two hundred thousand dollars $=000)in the general, nonce to the commission and to all candidates for the same office that they are ( 8 and exec dw threshold;set nth in this section -, ;,< �PtB8 ffi special'or special runoff election SEC,25 Article g( �Section 85500)is added to'Chapter 5 of Title 9 of ••'(2)"For o Senate`candidate and candidate-for Board of"Egrtaligution~two'hundred tbe"Govetomeat(lode,'to read; ?lmusand dollars($200,000)in the:-primary or special pihmary election and four hundred thauaand dollora($400000)in the ge►urtl special or special rnnof'electi - _ , Article 3 ,Ind.pendent.Fapaedinirrs (3)~For nzewide candidates,other than'govirmor,ate tmftion datlars(51000,000)to the 85500. (a)Any.contntittes that mdker.independent expenditurrs•of more than one primary election and two:million dollars'($2 000 000)in the gtneraJ special or special .eta dd nd;dolIM,f$I,000)in support of or in opposition to any candidate shall notify the ►unoff election ;=, fiJaig t�4err and all catdidates ruioring far the,same seat'within 24 hours by facsimile (4)`For governor four'rniftiom doilara(54 000,000;m theprimwry`tleetior►told tight rctronaniis?fah orovenught delivery each time,this,thnshold`is"met.The commission shall .miftion dollars($11000,000)in the geneiial,speota4 or speeml rraoff kCdon. dekinsinq:the'disclaaum.rtViamments for„this subdivision and shall establish guidelines ,(b)-,In the'event that die.stats adopts an`open,Pisimary systa-n,tet voluntary,expct ;penttitdng persm to file rrporta mdicaa6i8 origoirtS;thtdeprudennt eape�atres• ceilings for all statecandidates in,the primary i/tedon shall beth reseal by SO�rerrtirt (b)Notrvtthafoading subdiuYatam (df of Secoon 85301;"any'committee that makes (c)Arty looallu►lsdictian,nugekipality or coniuy may estabhsih valtauary expendttune o:h duaam of one thoumted dollars(SI 000)ar mon orapposing a ,cethngs for caiidJdaaes and controfted.aannutteu afBruch caudedates jo►electro of t,not,to mat accept tory contrllatroi,in raaaaaa,irjtwo hAa J 44ars($250)per exrxrd lone dollai(al)per+esident forvach eleclimn lot tett dist ict3M anti h tht caiuihiote k seeking eledve aPica yahmtary expenditure ctlWigs'maq!be set t#Japer fewelt by the lacal (c)Arty eantrlbufor dtat malrsa coahibtrton f iii Arankrd dollars{5100)or more per "`8� g• y - sur u� (` ''e1 tJon tit a aardtdatr for sk tine braars+dened Lo be acting: concert with that 85401 (a)&uh cmhdtdate for ace.ahaftk a statrnxet.ojatx�ePtance m rrluttion of omeiJldate yard a1t611;moot malsi ret espeisduuns and txrihtributions which-'in the vohtmtary expenditwe eeflmgs in Section befo at pealing he bre 301 tm s_Vport of that Cambbmtiaa exued dte mnanttas Setuon'85 candidate or in or slte:agires ta;acaept dte'expendinure ceilentgs due. slm7l apt beateiax� oppasid&tifPntitg{artlaaa a or ppm „ r -atFr Jn t. •`� t' t 1 �1 "$ SF ,8F W ij _T' �k `r S •Sv 1 .0 ''St�+ rf^We r vi. atyj ,� zAS c. x ,��t t �•:.+�. r ,�. tt`'Y s tt w' M ` t ' '°` ^; ,",' x i �¢g� = � 5?r¢:.• X i y..a'”� rx r� x. .a. n... -a't`r�^"�Y �t n. t .�F•k�e p t .t s�. r;„• .. a� ...�. �'� ,,rs r y3-p- x.J,}•1". sw fir$ t, '`„ere z.'�" '!�s�t.' �'�`' A S`. F r 9wN� .r ys3 4.r✓C"s �r � ' a.a .,.;.r .?-.e •"',�' y y^ 3 s > a v« s } as Ll ?. „+A. ,� r�--'�f "yC �"�'+?'i,y�,+Ce �.. t or av r+.c � .i'2+.S�ri� .r &�i }Sr r i"�'d"t 'Ye s�+'r'Ty, ,may � �r•h ' _ . �7 ss „g ,5 s cy„a £, C ts•k. 'y" +. v.;. '�..-ix" a''"�'tir''-, • +''T' .Fr :A'...�5 y r .s.. •s,.r. `1X'. t �. .: t (d)'An eaarpeadeturr shA!!nor 8eamt:lderedkt ad^almft be�`trtiared as�s� thYeteelp3rt`of aAdtot ��aryconai+ittte_emutuldz sash parsonwhd'nuute then contribution trate thepersott making the erPendtdBie to the oandrdae on where hetet*odor ` s whrutbendk the expendTtwt k made eirhtrr' '� y F i` v�85T06 a(a)xXothtng in the ad ak�t tar!!�q so t timitdNaitt or other emnpaign (1)'l4Rth tke`coope►atforr erg or lt:eanaltatlon with,arty cordbtt orarry suthormed: dleelmtuns orpmhrbthonr bf any locsl tarrsdueaarr the an as or more strwgent than set, COmmnWet Or agent OfthtCa�dae �.s ',S2'til '` a t�,m�' "�'e nim. uvFl... BEt• �' T :u'r?y.y •'t a �°' IOWtI ADMIbOftIOAS' 721/it concert wWh,"oral the requutt sugge of any emuaidrtre or iaurhmrtzad () gouoeritinboika lata! tnaylnpava - 00mmittee0I-agt/W Of thC.C@tdldQ<6 !,t w x" `#Y>.. "fi int.rt3' .` A }r. OrIer OO�gtt y OT FRtl that On!aS Or 1110R'Strl/lge/W thOTt"Sal f07Yh Wt� (3)_Undn any aft-w-w m'i coon or dfrre#at with ro thtoaidldate nor ilfte the aet,A loodtahavdlaruan stay a higher awrtrtbrtgon or a ipeidtpure IoruWtana esti, c '�za , �s, -,s -St Ery B ti0J6 or*pCO , rq•�,.F ,.,. ,t a v iso , cmrdidae s:agerW and the person makMg die prd>uuaeR n - t fc)��charter ntwac palisR which chooses to establish a voluntary speAding lindr. (4)By a candldau or srgportarg onotltercandidate or o195cehoiderr of the P f�R` writ sudtviswn(c)of Bretton 8S4A�may set d same politnca(party►un►>itr8 for a seat n sante legislativa tier{,Bf the candidate or ceUinghnM any-Pew , wt�2jxd.r. -.fir t1n C071tribldfO/t t0 CalfdldQte.or die Qand7ate'S COIWrf)lled> .. Canm drtee of a-contlibudon 0I COntributfaLt.mtalng no more than Jtve hundred dollars For purposes orf this+reexron,the pe►san makug the ex attliture inelwle say fir' ($,q(►Ol err eaeli.ekcenott"i r,whick`tke,cWidate,J3 attempting to be on the ballot or-is a- �? director G.O* ,:i:y ivriu-itt'epttdldare I mvided that the program offers wm aiching fund'rado of at least one SEC 26., Articla6,(oomm�cingwrtb Sot�ion 85600)is added ro Crisper 5'ttf Iide Oaf dolim'($1)to"each thrix matchable private�' the Goverrimmt Code,to ret Ariids BaliorP and Ballot`s "A ` e " WAS 5earon.83116 of the.Goveannot ret.Code is amended ro itud.. , 85600. Thu Secretary of State shalt provde to alt cateddaus for statewide aolee,tote 83116 "Wheat the Commtssnoa deternriaes there is pmbablt cause for believing this title voluntarily choose to limit their campaign expenditures in;occordahce:wWh this provstata of, has berm violated,tt may,:h01d a heantig to determine if such a violation has occurred.Nottco j? this act a campaign statement in.the stau.6gliat pamphlet of 100 words in primrary'and shall.tie given a>d therheating in accordance with the Administrative'.procedure' special elections,and*words in general eketior.�fire of charge,Cndidates for statewide {Govaumeeat Code,11de 2,DivWon 3,Pact 1,Chapres S Sections 11500 et.se Itis offla not choosing to limit their campaign expenditams in accorddtoce to pro q stir, Comm>sdon.shall have all the places granted by that chapoec act may also publish a campaign staunWW of simtlat-fend axil f rmat m the.state ballot Whcathe..Commnssion dete<m roes on the basis of the hearing that a violation has occurmd; pamphlet,but shall be charged the pro reta•cost of printing,-handling,nanalatrntg'mid it shall issue ori adtr•wbieh may require:the violator in = r mailing the campaign statement.Such emd�ate smtementt shall not include any r*nmices (a).'Cease a®d dtnist violation of this title;-, ` to a candidate's opponewor oppone w and may include a photograph of the eondrdate, . (b)_Pile any reports,statements a.other documents or information required by this title; 4 85601: (a) The ckrk of each county"provide t6"ca didates fnr-t ices of the State (c)Pay a monetary penalty of up to two thoasan'dooms(5 999)five thousand dollars. Assembly,State Senate,and Board of Bqualizdtio�who`vokatearay choose io timitdeir' ($3. )per violanan to,the;GerMsal Fund of the state . campaign expenditures in accordance with this act,a campaign statement with the county, declaration saran determines that no violation has occurred,'.it shall publish a sample 6allor materials of 100x ordss.irtPrimary•and special ikction and 200 words in! SEC:29. Section 83116.5 of the Government Code is amended to read. general elections,free of charge,the add-on cost of which is to be reimbursed frorn thestate 83116.5.:Any person who.violates any provision of this title, who purposely or GeneralFund Candidates for the offices,of State AssenhbN State Senate,and Board of Fqualizaition, not choosing to limit their campaign expenditim inaccordatce to this.act stay: Moller"o causes any other pers�.to violate any provision of this title,or who aids and also publish a campaign statemerW of similar length arhd format with the county seriphs ballot abets any other person in the violation of any provision of this title,sbal4 be liable under the. visions of this chapter-and Chapter 11(commencing with Section 91000).provided; , materials,but shall be charged the pro rata cost of printing;handling;translating;and thin this section shall apple only to persems who have filing or repotting obligatioffi ; mailing the campaign stotcment Such candidau statements shag►rot include cry refinrnces• to a candidate's opponent or oppanenis and may include a photograph of the cmrdidare. tinder this fiilG or who are far setrnes ittveir;eg the pluming oeg>mizingditectin my Be r>! ; (b) The staemnWs of candidates for State Asstmbty State Senate. and'Board oft °r iapurited by dna titin ant}that a Violation of this section - Equaiirvtion may be included in the state 6aUot utsttad with the c shell not eximtilnse ere aete6tiemal Yioleeien tinder i� i pamphlet of °t0�' Pk SEC.30. Section 91000 of the Govemment Code is amended to read: ballot maeniais if the Secretary of State determines that inelhsiont in the state hallo pamphlet 91000. (a) Arty(xxson"who lmowingly willfiilly violates any provision of this title is is less expensive and morn corhvahierrt for the veers: 85602. The Secretary of Stan and lata/elections oQrcers spied pronnirrtndy designate on guilty of a misdemeanor the MUot an in the 6aUa phamplet and sample.ballot those canmdaus who have volouarily (b) In addition to other penalties provided by law,a fine of up-to the greater of ten _- or agreed to expenditure cedogs.The commission dull pmxnbe by regu/aton the medwd or ; thousand doontrllars luted,exp n three times the amount the person failed to report properly each M methods for such designatrae unlawfully contributed,expended,gave or received may be imposed upon conviction for each ; SEC. 27. Article 7(commencing with Section 85700)is added to Cbapoer 5 of title 9 of-.. violation. the Government Code to mad. (c)Prosecution for violation of this title must be commenced within four years after the date on which the violation occurred. Amick 7. Additional Cauribuiian Requirement (d)The commission'has concurrent jurisdiction in enforcing the criminal misdemeanor 85700.. No contribution of one hundred dollars($100)or more shad be"deposited buo a P^visiOW Of this tisk. ' campaign checking account unless the name,address,occupation,:and employer of tht SEC.31., Section 91004.of the Government Code is amended to read: contributor is on file in the records of the recipient of the contribution., 91004.: Apy person who intentionally or negligently violates any of the reporting 85701_ Any person who.accepts--a contribution which is not from the person listed.on_the its of this act,or who aids and abets any person who violates any of the reporting check or subsequent campaign disclosure stotmrent shall be liable m"mdu4.rtae the endn requirements Of this ac4 shall be liable in a civil action brought by the civil prosecutor or by a ;± amount of the laundered contribution: The statute of limitations shnaWhot apply to:this person residing within the jurisdiction for an amount not mote than the amount or value not provision,and repayments to the state shall be made as long as the person or asp,conanittee: controlled by such aperson has any fads adicient to pay the state. ..32. Section-91005.5 of the Government Code is amended to read: 85702. Cond6u m made directly or indirectly to or on behalf of a particular candidate.,. 910053.. Any person who violates any provision of this title,except Sections 84305, through an intermediary or conduit shall be treated as contribuiats firm the contributor and. 84307;and 89001,for which no specific civil penalty is provided,shall be liable in a civil the intermediary or conduit to the candidate for the purposes of this limitation unless the: fight by the commission or the distiici attorney pursuant to subdivision(b)of ruerneediary or conduit is one of the following; or the elected city attorney pursuant to Section 910015,for an amount up to (a) The candidate or representative of the candidae receiving contributions on behalf of two theuimuad ebHers f1;0"Jive thousa{d dollars($5,000)per violation. the candidate.However,the mprrsentative shall not include die foUawing persons: No civil action alleging a violation of may be filed against it person pursuant to (1)A committee other than the candidate's campaign committee. this section if the criminal prosecutor is Maintaini g a criminal action against that person (2)An officer,employee,or agent of a committee other dan.thecandidates campaign pursuant-to Section 91000:: committee. lbe,provisions of this section shall be applicable only as to violations occurring after the (3)A person registered os a lobbyist with the governmental agency for which the effective doe of this section.: candidate is running or is an officeholderSEC. 33.. Section 91006-of the Government Code is amended to read. (4)An gQicer,employee,or agent of a corporaion or labor organization acting on behW 91006. Any person.who violates any provision of this title,who purposely or negligently of the corporation or organization, causes any other persai ra violate any.provision of this dde,-or who aids and abets any other t (b)A volunteer, who otherwise does not fall under paragraphs(1)through(4)of, Person in the violation of any provision of this title,shall be liable under the provisions of this 5 subdivisioee(a)of this provision,hosting a f admising event outside the volunteers place of-_$�r'umd Chapter 3umencing (on ,with Section 83100)of this title.If two or mote persons e business. _ „, ate tt�pooaasi�ble for any violation,they shall be jointly and severally liable. ;. 85703. No person shall make and no person;otherdean a candidate or the condidaat't+' SEC.'34. Section-91015 of the Government Code is repealed. controlled committee,shall accept any contribution on the condition or with-the agreeme d,, Wffl ate prior .r>f this emapta shall trot apply m r9ehitioffi orf 9eetion 83i}6 that it will be contributed to any particular candidate.7heeapendbm of ftoidt received by a D]SCLOSURE:- person shall be made at tie sol discIreban of the necipient`perrmnr. 73 85704 No elected officeholder,can date,or the candidates controlled nom mine may 84201 The thmshold`for contributions and,expenditures reported in the campaign solicit or accept a campaign eo tributiomorcontribution tohe Ofi-Wholder account front, statements designWed in Sections 842035,84211,and 84219,except for subdivision(i)of through,or arranged by a'regirieneJA 'orlocallobbytstifth&:W*ytst,(inances enga&A, Section 84219,:and for-cash contributions and•anonymous contributions designated in or is authorized to engagein lobbying the governmental agency for which the candidate it: Sections 84300 and"84304 shall+be set at no more than one hundred dollars-($100) seeking election or the govemneval agency of the o fteholde> notnvidiarmndlrg arty other provision of hew or any kgialative amendment to such sections. 85705. No person'appointed to a public board'orcomumasloa or,as 7ieirstee 6f'tke, SEC.'36.•Section 843053 of the.Government Code is amended to its: California State University or Regent of the Unliyersityof Caltfornfa during Wture bf office• 84305.5. (a)'No slate mailer argentation or committee primarily formed to support or shall donate to,or solicit or accept any campaign cmWribution for,any committee-corayo&& appose one or more:iiaflormeasures shall send a slate mailer unless: by the person who made the appointment to t w office or'any other emly with the intent dw (I)',,TIM.name,street address..and city of the slate mailer organization or committee -92 G96 primarily formed to.suppott or oppose one or more ballot measures we sbownon the outside contribution dresholds fora person,they shall be.identUied by the.controlling candidate's w of each piece of slate mail and an st least one of the in"every Wert included.with,each tame: peon of shite mail,m no leas than 8-point roman type which shall be in,a color or prior which :84505. !n addition to.the..requirements of Sectio=44503;84504, and 84506, the contrasts with the badpinul so as,to be easily legible.A post affm box may be stated in committee placing-the advertisement or persons acting in concert with that committee shall lige of a street address if the stixt address of the slate mailer..otgain tion or the committee be prrhibitedfrom creating or rising a nonawedidate amtrolledl committee or a nonsponsored primarily farmed to support or oppose one or m!9re ballot measme 5 a,InAter of public record conanittee to avoid,-or.that results in the avoidance of,die disclosure of any individual, with the of State'sPolitical Reform Division.. if Y_ b+dustr�s"busmusa ettuyt controlled committee,or sponsored committee as a major funding (2)At the toperbottom of the front of each aide or surface of at iponee insert ofa slate sow". - moiler or attbe top or be taut of tine each side or surface of a.postcard or other self-mailer, 84506. 1 d e. r a broadcast of mass mailrn advertisement that ss f �fo 8. � lY z> these is a noticx'in at least 8 point roman boldface"type,which'shall bel a cO Or or print advocates the election-or defeat of any candidate or any ballot measnim is an independent which contrasts with the background so as m be easily ' and in a or,dtawn box . - � txpendidtre,the cormmtittee;consistent withhdisclosures.nequined by Sections 84503 and and set apart from any•other printed matter.The nopce shall consist of the following 84504,shall include on the advertisement the,names of the two persons making the largest statement: antriletio u to the comnruee making the independent expenditure.If an acronym is used to ' NOTICE TOVOTFRS specify any committee names required'by this snam section, the es of any sponsoring organization of die committee shall be printed on print advertisements or spoken in bAmdcast " THIS DOCUMENT WAS PREPARED BY(name of slate trailer organization at,, � iadvettisementa.For the purposes of determining the twocontributors to be disclosed the committee primarily formed to support or oppose one or more ballot measures), contributions of each person to the com minee making the independent expenditure during the NOT AN OFFICIAL POLITICAL PARTY ORGAN1ZMON.Appearaeee is this one P before-the election shall be aggregated. maw dna net �+Ph eadeissmoet of.Odiem appearing is this .; 84507. Arty ditclosure statement required,by this article shall be printed clearly and tat doea.it imply eedoeee»xet of,err oppwitioe a;airy iss�xe set todh is this mailer legibly in no less than 10-point type and in a conspicuous manner as defined by the Appeanince is paid for and andarized by each All candidatesand balls canm L%si or,_#,the communicadon is broadcast,-the information shall be spoken so as to be mcmmw wbwh ie measures dengtuued by as}$$$have paid for their listing in this day audible and understood'by the intended public.and otherwise appropriately conveyed mailer.A bating in this mailer does not necessarilyimply endorsement of other forthe hearing impaired candidates or measures listed in this mailer. 84508. 7f disclosure of two major donors is required by-Sections 84503 and 84506,the i iomminve shall be required to drsclose,-in addition to the committee name,only its highest r, (3) The name;street address;ad city of the*bft mailer organization or committee major contributor in any advertisement which is: ptimarily formed to suppat or oppose one or mare ballot mesiama as requited by 1 9 1 (a)An electronic broadcast of 15 seconds or less,or (i j and the notice remtired by I>e g I may appear an the some aide or surface of an (b)A newspaper,magazine,or other public print media advertisement which is 20 square insert Any r4krence to a ballot measure that has paid to be included on the slate nailer shall inches or less. also comply with the provisions of Scam 84503 m seq. -`84509..When-a committee files an amended campaign statement pursuant to Section (4)Each candidate and each ballot measure that has paid to appear in the slate mailer is 81004.5,the committee shall change its advertisements to reflect the#Abged disclosure designated by an*$$$.Any candidate or ballot measure that hes not paid to appear in the 40formation. - slate trailer is not designated by an a$$$. 84510. (a)'In addition to the remedies provided for in Chapter]].(commencing with The i$$$required by this subdivision shall be of the same typesize,type style,color or Section.91000),of rids title,any person who violates this article is liable in a civil or contrast,and legibility as is used for the name of the candidate or the ballot measure name or administi ative action brought by the commission or any person for fine up tot ure times the number ad position advocated to which the a$$$designation applies except that in no case cost of the advertisement inchrding-placenent costs. shall the j S33 be required to be larger than 10-point boldface type.The designation shall :(b) The remedies provided in subdivision(a)shall also apply to any person who purposely immediately follow the name of the candidate,or the name or number and position advocated causes any other person to violate any provision sof this article or who aids and abets any Vii; on the ballot measure where the designation appears intheslate of candidates and measures. other person in a violation. if there is no slate listing,the designation shall appear at least once in at least 8-point boldface (c) If a judgment is-entered against the defendant or defendants in an action brought type,immediately following the name bf the candidate,or the name or number and position under this section, the plainq shall receive 50 percent of the amount recovered The advocated on the ballot measure. remaining 50 percent shall be deposited'in the'Generol'Fund of the state.In an action (5)The name of any candidate appearing in the shoe mailer who is a member of a political brought by a local civil prosecutor,'50 percent shall be deposited in the account of the agency Oil: party differing from the political party which the trailer appears by"representation or indicia 'bringing the action and 50 percent shall'be paid to-thedeneral Furl of the state. to represent is accompanied,immediately below the name,by the party designation of the iIS PROVISIONS candidate,in no less than 9-point roman type which shall be in a color a print that contrasts with the background so as to be easily legible.The designation shall not be required in the -SEC.:38...Section 83039 of the Government Code is amended to read: case of candidates for nonpartisan office. 82039. "Lobbyist"means-any individual who is employed or contracts for receives:two (b) For purposes of the designations required by paragraph(4)of subdivision(a),the thousand dollars.($2,000)or more in economic consideration in a calendar month,other oyee off as�da�ar mmittee,whosum made ossele by subdivision name position appears in the mailer,of Section 84219 to the slate mailer aor at the behestarc,ro reimbursement f direct! cry or lethiaigh h9 travel expenses,o agents r whosewith s elective rincOal duties as an ffi , organization or committee primarily formed to support or oppose one or more ballot agency official, or legislative•official for:the purpose of influencing legislative or measures,shall constitute a payment to appear,requirrmg the=3$$designation.The payment administrntive action;if a cab or I pettier of the activities for which he or she shall`also be deemed to Mute authorization to-appear in the mailer. rives etwtaideraeun ie fa the pttrpeec a iegislatiraor a serrate ' %'�(c) A slate mailer that complies with this section shall be deemed-to satisfy:the No individual is ayytt' by:tmson of activities.desoribed.in.Searon 86300. requirements of Sections 20003 and 20004 of the Elections Cade. :SEC. 39. Section 83124 is added to the Government Code;to read: SEC. 37. Article 5(king with Section 84501)is added to Chapter4 of Tith 9 of- 83124. The.commission shall a4ust_the contribution.limitations and expenditure the Government Code,to read limitations provisions in Sections 85100 et seq.in January of every even-numbered year to �= Article 5. Drsclosurr in Advertisements ' 'nefieet,any bne►eaae or'dterease'i n She California Consumer Price Index.Such adjustments shall be rounded to the neatest 50 for the limitations on contributions and the nearest 1,000 84501. "(a) "Advertisement"means any general or-public adverti'sement which is for'the linaAatlont on cipendhires. ' authorized and paid for by a person or comnince for the purpose of nrpporting or opposing a SEC. 40 Section 85802 is added to the Government Code,to read: ' candidate for elective o8ict or a ballot measure,or ballot measures. 85802. Tien is hereby opproprwlEd tht:Genentn/Fund of the state.to the:'Fair (b) Advertisement"does rot include a eonammicatiovnlion an organization odherthan a P,oluiaul Prpetie Caron ssiavuthe siren of hwidird doruaid dollars($500,000)annually political pony to its members,a campaign button smaller than Winches In diameter's above and beyond the appropriationr estpb/cthed for the commission in the fiscal year bumper sticker smaller than 60 square inches,or other adh+trtisenrent tea deternrfntd by btunediately prion•to dht•41i dve date of the-&4'aaCuatid for cost-of living changes,for iegulaiona of-die cine fission ; . , .,apenmm--m support the ope►neons'of ahecornntisseai parsumt to-this my If any Pin isiom 84502:, :"Granulative,contributions"means tit cntnulative:contributions-to a comites of this act'is sntwessftdlych allenged dny ataonney!s fes and costs shall be.paid from-the beginning tint first day-thestatement of organisation is fdtdtondtr Seeder 84101 and erdmg ..4eneral Fur d anddie cavmniatiort's'budget shall rot be.nduced aaoordinglX within sever days of the.tine die advertisement is sent to the printer or:broadcast,sraaon. :SEC.'41 Section 2(1300 of the Elections Code is repealed 84303. (a)Any advertisement.for or against_any.ballot measure shall.include a 3&39EF upon ieavmg etenxtrre aff>�ce'm the ental of the-posteieetioe' th�b sunstatement mox alar trvb dorhora "dollars err bra ora mea for thetive effieer w�ehesrs casae reek sarpina daFlars.($3q 000)'or mote. t�ndaaeiead to ihmuaty t;:.i989;:Under the:vead of the formes eatn�dete et �' � ojfy _. ) eottttoikd etxee a6ali be treed or held only for the 4e�ou'et8 601minee is.only ieg6irad to disclosi the Inighest:aid sed»nd:hightat tn:tltot antic In the ;,Pwpeerx: , ;x u• » p .; ._s: event that more than two donors meet.this disclo threshold:aridenrical contrtbtuion (a)�flj:�e tepmyment of.ptxsoaat ter eomi etieans or other obligations if there ra a kwle,.the,highest.and second,highes shall`be adected acoorrlitrg to dnronologkal segtvetux bk relenomelbp to a peri k lei er.governme�l scenery. -.,• �, 84504. .(a)Any,committee that sspptrrrtt or ses oppooneor�mton ballot meaaroea .4#� ror 4,.nts fhe ler;err the reimarmeettu the stage of name and ndaL*itse8'tis' a name or phrase dot ckariy idimtifiea'the ccvmainfc or other costa curt momeaetg ani;ehxtrente tipearrly ayelum is the`hame or o6setti err sptcwl nteresr,,of its nwjor doors of jljty thousand dollars{$30,000)ornmon in arty btMla of q:amdmaee err dQrlud o6tcq who has texmgd ,to iia or fie) safety reje►etcti.w dui twmnuttei laws tmrJudtttg,but`mot turttsad to eta statequnt of aft��be deampi eo 6pve a reasoaaabk rehatot�rp to a or ri: } k 4 +;,OrYta ,.10A filed;pursumtt� 101 a d 'ro t ,�, F�3r -��'��:ut'�tt�`�'u« �.�tt�i. �the tbtteaee 1t�CkfrVnt hta Qf aCY�'ttlCEi�ruvn,Or's ffi a (b)If the major domors of f�ty tltoa"tfolfais 1'$SD,000)Yoe shone qt rf7C°unta°a _tic et tieeEed t►�Beer set¢plat fbteata'hrie bees reported tosap_d r by art _anhployer,the Wertky of the tmploper shall also be user said �< TV r naw enfotcematt ttEtmey,ikxrCrcehoa be bribe naw (c)Arty cornuntttee which siip�►odr orioppous a ialfot hmmssvi�aU prut or4tmpdcast trgeaCy tin whtudtalte tiara!wants >the tamdrdate ore)amd sok Fit rare as pravldd rte thisaectrwn as part of airy�t drwNher paFd ptrbGc report anytetgr�tme of foods >o thea xetoua:to the eammtastote emm+rau err ` "`� c repos! y eemonalali ire drrat!hC a2 Liat�Offiar ,t3 dj V t ( 1 s,oia'gporivldiwliK flu ieformedthefawenferoaanent x►faheeeaktheaneaedpbemelrmebaaf'f_heiaw d twndidatis-or thatr coutroUed conunrtnee ageaey °5� tea C� kr"P.fX t rk:, ice; F,. , �, y s,7y�' �«..�i c p `.}0 r S f S, 's r;�.`'�,t an v ,�X.:. e x F r ,� y�.^",x,a.rf"g �?��rr��t x .-r '3.�," a�{x u 'xx` -'.. pr''w+^`�.�`e'z. x k��7 1 F A !5L 15. :b-FJ A'F4°tiY" le`. - SX- a. .u.ge },;.,,e'yarra's,e �t r €,{�., r�x..u'z:.-kt�.a.L,,,may. 'h •k...p '.+" a' ! a`{. "° ^.fiz,,g'.0 i'x. r 5''br f d t .vy w � .w,`�•^�,is�;>�A� � ��: ,� 'i"?�,"�.,�;m � a. ?ca�t�*° �xc5�'� ^��. :`�� ':�". t cr,n �_�s L 1.��, ,� s,;� n�'r ;✓, "S,'c'r6,,.�" ?i"' a+rs,°7'y k ,r i:?..`NkN^t''�- x d� r'' r�=k' 'i". 'Xa ..,. 4„¢,3 +2�`'„rtxr'N .,a -, -.i....,.,. .. ^� OR �'��y"s taM � �-�1' e r a t-.r. �• x - � ,' wYi.A s .s i4 �.4 CY'S `•i y °'`''' '.`, P Y''�Ar�(,.g,Pf'c-a. s �d^ `{"�N cry `i r �, '�d T '''j� - v f :? .�ct t"'t� i d.�, '�'r�^ h ?`r*}�,k � � �u�''� �9' ��`y •��`�' t � ski"�'��i. j`a '��; �� .rs . ? . ct/x '4`�' '?.,n 'P .#;fie " .: hex-•w � �S�' � fi � ¢ .Cs b�`t �,f ;,r' r . s .. -� '4�, s•' y5 .£ -r"+f �:1:'tC�.C�y.. i rh.;a "',k N 7`+"` '� �v+iC fib,�'k-a. K'� �- d ,,�� •" �• -. �IOO1nEn!ageacg and�bnn.f ddetiphon of the tht?eat lite tie then,fwe thtlussnd�dibit#��,� �°(d}),Elonetibntro�r pehtf.si prate m so fi5ng ffi rho f ostia see net need to (35;668)is siaplas eaMpaiga fueds.may be resod;eama)adrelf b7'a_eandidet epos�el#eb.artinke.ontribtitioea M sappoit of er eppesntioa ta`a a for ekerire alba'= a bfliea pttiauent 1b tilts airtsnoayntenfa.tii>ade pub to lhta: mrm4 tett ¢EM[lbeh0ffi 1Dat�peet of eppoae any eaie furl ederal of6 say ewe fest Mede dmmg.the tiro years wkly follo!rrerg tEie dace wh�eh dfc 1 lieblr�erollgoe m a ambo oBKs'thert ar retry bai3ot memmc, Y became smphrs eampiagrt fimda �heaaedr�ee or ehxtnd a s6aH:nemthaaae tlse fee aartpes teasoeatily' by the Comae to asamt. eampmge fond aradomtt far the frac macloet♦alae Of the� tlo biterlhaQtrta jnpeler�� thepeefermssoe`ef '> 1�� 7'`+t fOCa�' immediate}>•following the;date apaa:irkseh dtcese> - become sacplt em whkif m+xs dn+eeellr eft of a'e a or elected effmer'a actirY, ei fonds;upon sob'of the propeaty on which the syseeM is or ptlor to the.itrE a or of eeted offider,n bet not b te;ae aetien to eeyoetr, ao<plas csenI ga fund aeeoon4.whiehetcr onnngs first fie ehxttgre aaaettll anyateM alb defense of an tKtioa bteheght atrio(ahee of sense et ieeal eempmggG" � be the pr�ro�petty of the .{e�e{t,n�p�atigay o�ojtm,�nittee of ttiey'ax�edtda�ee or elected elmy � ]�t ac alageOg hand as sung 5otn na eketcae ooh or t000gn� '(b),Thei payttknt �i �"f�'o'�'n t4•:!.% 7".Y"4• $nSnY t��+1 - (e3 te,any eaodtdet-oom®tto a pub F petl3:exa`Pt Whae {{a�atrist t S t43 c�Soeao>t 8931 is added-to the Govan>�rt Code,to lead r 89549 Any_campaign funds w excess of expensss tneu�trd for the campaign or fah,. ar_ ,� .1'T^`' :.'cr,,r R°3L ' imzVtAkl �t 3 HJ-1— prohibited by bw. p�rata t .< •�.i , ,,� ,tom *ezpenaes specilted art subdivHron(d)of Section 85305 ►►echoed bq or on'behalf of are (e)Bermtions to any retilp—,scientific; aaeial welfare;eme;,or 5atet>a1 irtdavtdyal who seeks naninaton far ekctorc or election to oBlc�shall be deemed to be orgaffiatioe tie part of the,act coning of whidt•irtates to the beeefii oCa ny pmap�" ssupiKt 8(►fratds and shall'tie dartnbta4d within 90 days after wididrnwal,defeat or sbmrholda or iadiridnaF or to any charitable or: filwhich is eiiempt£tont ekctioe to o-ce;m the fo(Igwuag malar► . Mention ander snbseetioa(e)of Section 5e+of: iletcatee Eode a:Seeboe w (a)ItIP more thou,ten thW4rand dollars,(510,'000),nay be deposited in the candidates' r� orSections iia to�3%*ineln�M Section 1*,� or 3�@ls of thL o,QFceholder accottitt;except such surplus from a campaign fraud for the general election shall ReveatteandfintationRotim r rat be,deposited into the oPceholder account within 60•days•.immediately following the, t (f) where otherwise prohibited by ,bdd m a=egegated float for fengre pobisea}, eleitioie r; es be_=FA xpenefor political aehrrty remoeab}y relit ei to paepari (b),Any remaining surpha fundi shall be distributed to arty political party;returned to forme eatedidary for ehxtire offixoaiitribnmvrs ore o pro rata basis,or turned over to the General Fund, r SEC. 42. Section 89519 &Governmeat Code is 99519: up=leaving any elected offick-,or at the end eF the tion-IoMMg ptxtad CONSTRUCTION Following the defeat of a for elective office;whichever seems brat;eamparge foedt SEC 44 This act shall be libeaady to accomplish its paupoat^s " raised airs January+,4999;seder the control of the fermereaedidate erelected effieershell be considered surplus esmpas fandt and stall be. iselosed to. " LEGISLATIVE AMENDMIM.. (.otnnreneieg with Section so"and sw he used only for the�pmposex n SEC 45.1 The provisions of Section 81012.of the Government Code which allow debts of ehx ted officer's �£3. .. The payment of outstanding eampaigra expeater �}. legislative ants to the Political Reform Actof 1974 shall apply to all the provisions of (4), For purposes of this subdirisioe;the puryment for,or the;resem—It to the atige this aet'except for Sections 84201,85301;85303,85313,.&M,and 85402: 5 of the costs of iestaHing and menilering an demonic seeneiry system in the home or , or both;of a�andid ' or.leered officer who has roccited threats to bis or ber ph�rCal APPLICABUM OF OTHER LAWS shall be deemed an ontsfaadmg eamI igt debt or ekceed officer, expnxu- ptor>d A SEC 46: Natiiog:in.ahiseaw shall exempt any person from applicable provisions of any ' thtests arise from his or her activities;duties;or states as a eandidaee:or,efeeted,offidxred od.w laws of this state. that the threats have beer reported to anti verified by ae appseptialc In ant agaaea. :. SEVERABILITY i i fieation ahali be safely by dee bn►eeCoroemeat agaey m which the threat urns SEC. 47. (a) If any provision of this law,or the application of any such provision to any .T]te candidate or elected offieer s1>nB report any etpeaditat of esperson or circumstances,shall beheld invalid;the remainderof this.laiw to the extent it can be - made pmsuaflt to this seetion to die eommissionc The reportto the eamreissna shs}l r>uJnde gives effect,or the application.of such.provision w persons or circumstances other than those the date that the a mndidaee or elected officer irifermed the law enforcement agency of the as m which it is held invalid,shall-not be affected thereby,and to this extent duyrovisions of threat;the name and phone number of the law enforcement agency;and a brief of this law are severable. the tifreak No more than fire tI dollars(1i5 988)in smplos ,facts nmy;be (b) If the expenditure limitations of Section 85400 of this law shall be held invalid,the esed;eumulativel),by a card to or elected effioer pursuant to this sobdirsioo Paymetrts contribution limitations specified in Sections 85301 through 85313 shall apply. made pmsnant to this subdivision shell be made timing the tura years feliotritg the date upon which the campaign funds lCONFLICTING BALLOT MEASURES ig saephrs eaniparge fandr Elie eandidate',or elected officer shall reimburse the smphis eampaigh fad se.eaat for the fair mar— of SEC. 48. If this act is approved by voters but superseded,by any other conflicting ballot the security system no later than tau years immedrauly following the date upon which tfte,, measure approved by more uses at the same election and the conflicting ballot measure is campaign fonds become surplus campaign fandr.upon sale of the property an whieb the , laws held irrt+alid,it is the intent of the voters that this act shall be self-executing and given system is inataltcd;or prior to the closing of the sntplas campaign fund ae.oeet whieheiii' full force of the law. comes fast:flie electronic security system AMB be the property of the carepaigr oommittois:. EFFECTIVE DATE of the eaedidate or elected officer. SEC.49. This law shall become effective January 1,1997. fb3 The pm ralerepayment of contiibatioes (e).Donations to any boas fide charitable;educational;civic religious;or simi}rtr AMENDMENT TO POLITICAL REFORM ACT tshrexempt;nonprofit organization,where no substantial part of theproceeds will have it -', ,SEC 50. Ibis chapter shall amend the Political Reform Act of 1974 as amended and all ; 11 materiaI financial effect on the former candidate or elected officer,any mem*of his M fief; of itsprovisions which do not conflict with this chapter shall apply to the provisions of this immodmte family;or his or her campaign treasurer chapter 3 Proposition:209:11est of Proposed Law This initiative measure is submitted to the people in accordance with the provrsrons;of (e)Nothing in this section shall be interpreted as prohibiting action which mart be taken .Article II,Section 8 of the Constitution. 4; to establish or maintain eligibility for any federal program,where ineligibility would result in This initiative measure expressly amends the Constitution by adding a section iheretii a loss of federal funds to the stat., therefore,new provisions proposed W be added are printed in italic type to indicate that .. ., (f)For the purposes of this.section "sfae"sha!(include,but not necessarily be limited to, are - the stat itself,any city,county,city anivounty,public university system,including the PROPOSED AMENDMENT TO ARTICLE I University of California community collo a district school district, retry ty' . g special district or Section 31 is added to Article I of the California Constitution as follows: other political subdivision or governmental instrumentality of or within the stat. SEC. 31. (a) The stat shall not discriminate against or grmrtprefetrntial MMINI til to,- (g)-Tye remedies availablefor violations of this section shall be the sante,regardless of s any individual or group on the basis of race,sex color,ethnicity or national:origin i».rbcs the injure party's race;sex;color,ethnicil%or national origin,as arc otherwise available a operation of public employment;Public education or pnrbfic contractin& for violations of then-esfsting Califon is antidiscrimination law. (b)•This section•shall apply only,to action taken after the.section's effectim date, (h)`75ls section shall be self-executing.if any pan or parts of this section are found to be (c)Nothing in this section shall-be interpreted:as prohibiting bona fidequaltficatfonl: iii'conflict with federal law or the United States Constitution, the section shall be based on sex which are reasonably necessary to the normal operation of public employnanR anp)einenrPd to the maximum extent that federal law and the United States Constitution 0, public education,or public,contracting. :—*66.,Any provision held invalid shall be severable from the remaining portions of this (d)Nothing in this section shall be interpreted as invalidating any court onfer or consea c decree which is in force as of the effective date of this section' Pr6"iti6h 210.Tbxt of Proposed,Law This initiative measure is submitted to thele ta•accordince with the provisions of= Because of inflation,Californians who earn the minimum wage can buy less wday.than at. Article II,Section 8 of the Constitution. PenP any tis in the past 40 years; This initiative measure adds a section to the Labor Code therefore,new ptovtsltms At.S4.23 per hour.the current minimum wage parishes hard work It is so low that to be added are m italic to indicate that proposed Prated• type they are now. ..._. - ..�: mrmmmn`aage workers often make:less than people on welfare; PROPOSED LAW {{ ` Increasing the minimum wage;wire; ll reward work by making it pay more than welfare; Because'flood paying jobs am becoming so hard to find,it is more important than ever that LIVING WAGE'ACT'OF 1996 „ California has a living minimum wage; Section 1. The People of California find and declare that. 7 ' 11m,purpose of the Living Wage Act of 1996 is to restore the purchasing power of the 94 - G96 r 1 mmmmm wage and to help minimum wage walkers litt thtanseivea out of poverty- > dJ wbxb. f purposes. 7b achieve thatpmpose,the Living wage Aux of 1996 will im�ease`the minimum �o - °-' �amd avnchuive or.au X5.00 per hour in 1997 and$ 5.75,per!tour m 1998..• 3 l of Aur Section 2. Seu tiara 118211 is added to the Lbo Code n)read. Tins' shell he knows as ilea Luing WageAd of 1996. 1181.71. N OWNritdiit8 mtyother pmviahon oftlus part,on and liter MWM 41997,, 4 the tnininuon wage for all ierdustries ahoU,wt be.fess than fcve dollars(iS AD)pr r'ltatr bit mtsmt of:the Fleople that the;, of this etx are saveable and;that d any ser. and wirer Menh 1.1998,'doe mimmm' wage for all i+ Stites shall nor'e less'lhan flue P,,, ion`et ,a the epplioatimtterteof is dollars and seveM'•fve cum(3575j per hour 71ts`heduatr/al; dMUMMURMC �s held m ' Rdr�air COnasicusmi►shalt ata arch'mtrelWrty shall no LffCgf aay athet ptovt�am or which ptrbhc meeting,adopt minaiuon wage odtt7 consistent vride;Alas serxroi;'wFtlmutrtirn+aolttg gtv�dfeix svrthout the invalid 1 +tom - P,r0pipidition ."TZt 11tis initiative measure is submitted to the parPle m ecooitdena wjth'the provi ons of ragdoei and deter ab►tilor, yo x.by raga Article U.Section 8 of the Conshmdon. civil penalty shall be paid less fees Wffl es,to'* Find of the Tkaauty of the Stote;of Calfornia. "ibis ituitiative:measone adds sections ro various codes;therefore,aw-piovtsiaos-pt9posed In be added are pouted m italic type to.indicate that they are,new f�); actron'uttder thea section'or:t',tr Seeaon,1709 or:1710 of the Civil Code,in corutectFon with the'prarliaJe.orsa3 I of'arcrurdes muy'be brought as a lass action;the fraud "IROP0M LAW on the mortal doetninr shall r>Irply;=d-*".be Presumed that the-market value of o THE PEOPLE OF THE STM OF CglFpgNlA DO BNACI AS.POII GWS: stcu►try-rrjlect the impact of any P htbittd eondvct;and nuance upon any material SECTION'1. TEliE ntiarepresentation_or omysioit $hall be pnauneed^SUN ct to ributtal by defendant This imtistive statute shall be known and may be cited as die'Rei itr�t Savings anal ''eJtebl dung dear the aerreruy wardd have bare prurleored or'sold even if plainuff had known C protection Act" of eht m3 conduct•Arty aedai urtder dda'setxiot may also be brought derivamely-withoia , SECTION 2. FINDINGS AND { iusmenta nantly unvo24 on rlerrvaAive actions. The peotule of-the State of Califot»iaD J�as follows 1 or purposes of this secpan and Section 254001, r�ttinment savings"means and {A)Milhous of Californians work hard,paY their taxes,anti save their mamey m seder to becltdes Provide for their economic security upon netrrement.In doing so,they help,suppart their state .(1)a►ry�ua ad'staged r enuttt arz»rott or and local ve n seats as taxpayers and iosan that they do not become plivk whether gmup bmW djwL or,join4 or SM once leave the warkfonoe of the ,+,(1)anyother foim'of nurrmeiu anvmgs„howew'Aura ed and in whatever form,of a (b)Many Californians are members of a have ooutii6uted to pgvate sad Pic person over 40 years c f age fit hod beeri.in eaaaaegee for qu er ossa year qct;had a vahie of pension otre•thousand dollars(=1,000);or mon; and meat funds that invest in saarcides of corporations that ere peb}iclX traded or sold tom er this we. °n ^n8 any loss souglit;to be recovered m�f es. bus�ss tides.Many others invest feu i+ savings themselves (e)Excw as ►wiseWed;p (1 j by law°'a�ecr oft Jmaim 3,1995 7 (c) Financial disasters like the m►Y +v+ :dead derfvatim aation'brought pursuaat:ty this or any other collapse of many savings and loan;inahtutions ere the JIMcd t;of the Corpora Code,ihc/adm8 SLcpan 800,or4ider Section 1709 or.1710 of 'bankruptcy of Orange County result in devastating harm to the pensions and retirement the Civil Code,each Savings of working people, paTY droll bear her her or I own fees:and costs,Provided_however, (d)Full and complete disclosure of tomerisl iaformedon affccdng the value of WCUT ea is ,(A) necessary to protect the millions of Californians who invest in them for their retuemeat ^ exxotaelde power of drrpmdn to agree to,or.a avurr,to award fees and costs r plouutQs Existing law'inadequately protect pension and retirement investments in these securities class urderivaave.�dm'd&aural be,nstricted,or impaired•and from losses resulting from deceptive activities. incl � (B)a parry shall be entified to ecoVer lit;her,arks naJotmble=Qtroruys fees and costa . 8 moo or buurred.in the;defeteae or rMcWJ`st t of materiel infeamati�affectiag.the true value of these sect.. of flu.sellas let rhe even the court finds that the er)An individual's retirement savings can also be tbreafted'by an uuexpecoed axe or. OpiD0 8 DOrtY's't�Ohns or fuaua wen f>irolOya (2)For.peupoaisof.this'sediam,a ii41my.Unless virxims of such accidents or injuries are able to obtain full fisvolokt.claim or defense is one that is either(A) their compensation for totally and,-conptetely without merf;or-th)filed for the sole losses,they ane often fotoed to use rep their retirement savings to pay for medical bulla err purpose of harassing an living after their injury.. -( pa entuy contract with mid right of any person,ugrpontion Mother to. ' (f) Ctrs,Pension investors,a�victims of'inpuies need scows to the cavil justice too pursue or end pay cotmsel system to insure that they are fully compensated for their losses and OCdan whether brought under this section or otherwise,shall not be damages•Ordinary restricted or the validity 0f-such contracts be inhpaired, R^�8 are often denied such access because they canna afford ro hire an attorney to Nothing in,this section shall impair the represent Them,Proposals are being put forward daily that,would limit.people's right w or to: inhibit Of tariff to negubu the practice.of law c(Muact with the attorney of•their choice and make it luau difficult fou ell but the p gkg d,o1' Qm w fors•' ,y co obtain� �These very :.;SECTION 5 -ATDDRNEY'S:PE6S. to make it harder for, le to find nt firemnotsavings mon Sact=61466 ia'added to,tbe; PSP representation w protect their reirrr�ent end ,6146.6. Code,to mad' investments. , Except as otherwise rovided Jaweg on January 1,1995,the,right of (g)In oder la protect the retirement savings of all Californians,it is ,.car nation or other emery to ovnAnct wideband comae or defend RWessm'y'toaequim mq acdm shall not brmmictted ot•,the. � p+R`� toll disclosure of material information the affects the vahte of s=ides or ialividual ser section shalt � !'° - Notting in this and to insure that the right to contract with an atuuneyvt)obtain compmsetiom for.in the atuhgrrry of the;courts m ngrelate duip►nctice.of law or to,prohibh hoes shall not be impaired,or subject to interfamce by the govermneat Py or or artcoax*naW fses SBCIION 3. PR0IMEIBD CONDUCE SECTION 6 •II KATION Sectiee 25400.1 is added to the Section 2551151-is added to She Caritoratiotta Code,,to teed:• Code.ao read 15001. It shall be 255051 :Norswthaasndeng miY Pew fon +arlawl+d to eomecam with the or&�m !?' Of' t say pirlrtcrpal.ereeutive of jrter, Offer diirctor oriaaurolling loon a co profu iw►pOrndnrt,orothn for-prrrfrrburiness iitdirectlx m ..Entad fndry pt or oehtr for-profu business eruiry who is t�,`'�0WhiWb;or.nr&mly do airy:afMef�Otriit8 that,resylta bs lau.to arty i�!sate for k ng'ly or,ecklessl'ingaging in deceptive conduct,as ru►►anent jmrd Or narement savings: tai ted by Samoa 254001 duilJ trot be•indenat�ia!}by.the.co►poratiort or.othtr fOr mfu w=(a).Afabe or.caeu to bq tnadr undue ate. z"„ bsraiaess Y for airy cosh of ddeeae or anhomuePW"settlement or judges against (b)t7lrift to?tate mottrial fatxr nactsmry in ori m make the epode,m m'th�n a or oeher for-profu business th e) D1 Ony repsm ptncf wider which g d u d °1rBr dincror,�ids.omn or agenn etisent carne„af �or :;SBt.TtON 1AIIONSSi91P TO OTHI$t1o)1ea TlirS senora alta!!trot apply ro atry:govermnertr ennry or to Thar►note thin ,tmdahveimeasme deahn with the' his cr her ojlicieJ, °A3 8OY1B i0 lttattensTtre m}e be on:tha ballot a the same.time It is:the eneral imeotg of tbe a�acu� yr> votata that the prvvlauaos m bus measure he potpoSes of Segion 10 ofArticle SBCIION 4. ©VII I.iABILEI Y M ..�a5 II;of the Cali6omit Section 25500.1 is added to the Coeporahone Cedes to,resd Canoe,tq be m odsHtet_Vft t fps t K M r, F �tealnd the to tiller me�ue that would Sills ...•255001. {a)bi addition to(fury other rnvrsron of htac any psrson, trax find or, Or,other astity drat wie0jt�oii8ht or•irayeas �� +lcindSieh soeh7 , pw waold ttet t uf�a ;any P,rm�M�br,E�e�d�by_Secscm.2540a9 shell be liable for the.JoJaes eawsed in ttoahatx such ooetracts a ol !Itata&ednn bYvrrilasian,aJ g td aodtri r , pro r Yue/mwit!Flt aft t�.YFOp).,.,,.ht m O _ r�havelidity pp� �n yt rii4F ”" E psrson or 8�y Sovertene r petuJioat rraitreasaetrru Hany of taus tint or,it8 4v�Y a >s hell m T°'harmhave s to th�prrbkc artd to *amgBtx graabdeao 'PDA aat�n;Sod to tats and ons �qn, 1•that of ft.am !nation�f 25400 Caitaeswlad,J,wtLO;penaiosftatdJL. �a�i+�ema n' t fYltdi;•�r "Q ' s` '�n>� C ��} of rTxr 3- � , �, �^"^�✓�'r♦�h mW enga$LJ:iatt""'•• �t-:jIe WNR[�r� t [ �?;.tw��-'�r^��i�y�,t��r3>f�f'�,� �i:3't�,f� _�"�" t �'„' -h �.�t Yc. ,t✓hstageJ bimuch amwau aJ the fiHdt► � "`�.� ,� �uy5llai by a t That her�mee �ffact tlEftr!lJfflC� 10 �� tlA6 s s C�eCtI.YL q t tit' - - "Pr wd �j:, xd � 9 f a3k :x j, . Y"'�t z{{.- z'i•�b..ttas.k*#rt, ,� � `• ,.+v�'tr Ys 3,.T", lea";- ;,,�. '.%�-K - ��°� '6A�''"'t ,,M ?�t.'aS's '. „k xJ `� u .� {'h .3rtt jz Pit, k _ 3 c ','c.•� r -a vu. tr J•„ •k a'7 ,� w��`�... f �`� .�''-0"e d'� ': 7�'gas i' �"g'1`:u•'tt{,h �x t� �� , ^,. a>��;, 2 1��k ;�., st Y,a��d �"�4� 'C�3�s '' AC . r. i��{' '�1.;•,;i P�.k�. �.'� .°S�d '#�^� ''Fr�� ..,-,�"� a�- �`u>t"'. ••.�.�' �rtt"''�m�� •.� hr�"�F,�'*.. �z<' c :t�`T �t:*v-a �`y..K'�x' � 1`k � �#1 M° 'z°' r >. '.�"Cx"�' t. �, .� �g3-. .��' s �41�..� 7[ty„�•'.Y��.jy J'4�., "fq^kY,{;.''t`` •f j ^t-5'sy�• �s'tt'n' *.'=`}�.' w{�`z.9 tai* :.,�ty��C^,`� -Ja^,r,s3� 'i,'r� .dad ,� t��•s,,I+_... T �i�a 34g t ' �'� ..r."P'�. ��'ti .n*�pp'':'�'�-7.�."d��r,`�il�'�d'l ��"h ` :'n3'�x`4�'�'fk'� n ��'� ��.•.��-�,k'•"�p,��. - _.'W�.�'.....ni� _ �..4tt�,��..;�.��n"�•E'?x!s.��.„C• �f�k rt0 6 h frs �a ?,--,�+, '�f� �y�.S! �l.+y'�+ .. � ,� s"1, �.1 n a a .,a`t�u�a � ..�:.-.-€ :tis ,�,s..�Axw .it.� 4-ax`5'&''�*;`v.'��'`x• ,�,�u�`7;�;tt,�. .,.. it h �. ter �'�" 4r .F... ' ✓ry"�i rr'� z7 g a ti ya. +a Fr fi ar, r r InP �' r .,t ...ems«rb v ,�h : '_ � ..;, a ,� '` .; zt��ir{�t"�� v -�•,"d�zt"s.r....�e rr- 3� o�p ea� S t Yd.� ; res s�-. .. • � �„.; � K�a.'�.:�,. � 'fir; �„� =u. ��' z�'`' z a'„a�u rt�� *� '.,� Z'' '#" � r�' ,� 'S wt i .��7�,5 Y F r 'ti �,�L�:`s-1�rrz-w 5 t,.t �'3 ��°eF'}R^+�`�p�� '�'�� U``�`�",'� v'�'"+..&' ,_' wt °� � ?,,+A`,�""•a x '+5'7�c t;S�'�. " �,. �'s:.y 2 Y`3. �•'R t 3 m a," ,tss,�ntldr,, ley r>`;+ � ,�"3;.'�; "� ase..� °�S3.:xw;•5w ��;-t r r zi3('+Y x xe."� F � n �.�� .� c+. ....:: -� tubs... ..ssx�.x` � 3�'�.� r r,�p fh a{tt� i,. ��#qq � &�5 eS � ti low s r sV. ' ey'� svy �4 c"w°. }�•p t� d v § U3 f f 1I w z l ypR T)ata~HCl iWOtD t E@�l��.L�1�IE pllG' 1�E IpLYdt O f OAIQII(lat ihAt� R6Z4 {IQR 'OrWpOSGf Article II.Stxhan 8 of the ix� ,� �i ,a pa�tsq k a cammduat urtk aptc�le` le to � x� Po(tdcot pmvinons epP PoWlcat y'.z 'k , t ' .'z ``+,"w 8 pro proper sat loft delved ane in' types 3 x � Conmdtttt mejmis wjlou nfe11Abii lufp is oanpTlsid proposed oo be nodded are pRaaaod »alhti rgpQ oo tpettheY ace aevv mf513'r2!a nra►Q ltdinda6+axwho nhokQ a or comibwdarns whidh lo t76e • err h�",af` * 1 >�., `,,,�qk,y9. � ::+� Yfl�'aiCOalatlitfft~JRall bE,'lnrhLi'al6�JtGE far at k9at alX-'1n01111Lt- P. to.oil"yp any:. .,�,,a `� s ydSJ .," t" sc r} p r-�•=t1 e r,,a '•'�.fi a-St`s 1:`'F{ CanOldatt p�Ple of tbd State of Cah�ot.dti amax as finliowa, ,. xp� � y,�` 5 ar taeta�iftttQ AMtChaU toot^be coturnikd SBG'1'O I "(7mpGa!t 5(oo sag v thsia"$slam ag hZ 9 Cf lbe(3ovam�=a�N°�K P a'P P�3'I�'�►g CmunbuBat f8.1C�e81ea.s' .' i*s'-m, t.r.°'f:. '', � t., S73Ci 2 3( vrtlh Sermon 851110)13 added t0 the tleva Codes. ldJ Means knot& a, tD read.: - ;v°'a"a T`.l.y'*"�y j°x, ,�'.x. r.';i.. h i' .t�.'H.7,tx.s7''�,FU'._p ;�.j r"s`'(Q) �'Statew 6 tl¢CtIVQF.O�Ct'.altQ/lsxitht O,�Ce 4.GOvernor !.t'efUetlanf.CiOVCiROT ?rl •2$•9A,''.t;"li°i -s 4 .;sf:,t,Att4r7'("itrM►al, COn1R'11kT TfeO.rLnT.,$tl'IC1Wy Of Sratt,Supe/Uttendent of Pnl/ll� a: C tQ A y A�Acr or.1996 r lnTtract+on,/usucet o f the Sr!P►tna Cor'u'4 and bsturame'Conimwswner'and any oda►t�ice a Article !`_ AIttg L> tlaioRt Anceeefi�tpu F, Y&y whidi all ngirterrd,vaAesf o�tl(e state an iNrtled to woti.ot a generial ekcwai:L 8J100,. jhtk:cl�tershoUbeknowttand ix°e�ttdat# 1t s A� 1gy�E (j1 ng age population ,mem the�topulation of the stab,city,county or otht Yo Z- ;electoral 8510! T1s /�t�{�rand/t// �> {�/�l!��, 3 Camas.f a�d-18 reason.Qaauh de tint a n�ad n commission the United States cre nine' (a) Our►ePresenmtivt systert of denoxnmey ban dkoorted by the lnemat tg mono in the I%e ntmesr tintars arQ not It o whidt 8 8t Pop f of auedCc�car iadse m:d ooze of nrw!ty fimrt+eo(ruw arte>rtr>�ie> kw thawdoose candidates who/epnaeast a biased base oaminJWty a F' Article *x, (b)'Polittcian have' Fled to 6f s `�' ' " jar la►pgss rules wlu'ch ahq� to aavtnt caanpal8P 8520Q (a)Prior da solasladoi�or neeiptCof cbntrrbutiw�or loon;as indtvie�aal spending rnretrtbialonn�'orad lobbykrs'to prevent c»rrupKbn hi"She, u�11 Y*� who Wends to be'a ca didde for an elective ofte shall ftk with the commission and with y people have wimascad rnary,Kentbers of dte lsgt dlnelr and kbdryvsts ca d< the Itral felting affect tf ark iWA",hom tie or shi'it required to file canhpaign statements of bis3ay and other forms of w whWeanpangtt have bite iirded to pursuatt ro'Seetion 84215'a smGrment signed under penalty of perryry of the irrtattwn to Si offeid actionr'Past annd cunnau a dfd nota do rtotpiisvertt airrupAion,rhenynn dal trod the strictest� to nevtM iso:tlit campaign � of P Possible P oo►ruPuort (b)-A candidate shall'estabikh one c n contribution'account at an office a (c)large coetribuaiws to polulaol-conmutrtts and PON"cangtagrs'have Georrrgrtotg days establishing this accou� y AO or on the and'eketotnl' o1`mt fbrpncnal.institutiah located in the state.Withlr'IO owle►rdar of g Po !.cor►uP B.v P Y> B ,. Pte. ►g .- the name aw'addnss off the financial hstitt vion and the account number shall be filed wide elections process that distmras voters fmin emsdidates-0ves 90Pet ► Y:taiatd' , the commission and with this local by:Califorda car►didates for public o,$kts cOtlles lR oorttn6utlans of ant hundred dollars camnpoign statements pursuant to Section 84215. with whom he or she is required to fele ($!00)or mote r ,.• , - (cj All contributions or'loons made to the candidate,, r to the.ea> s controlled. (d)'CasgeearoRy:do rr�axle flimnclatsupporr from pQople in the district dart the deposited conaidttte;shall be into the account a pursuant to @J Any candidates seek to reptestnt•State Iegklators'raise sort 90 percatt of thea eawibatfons personal funds of the candidate that will be testi to piortote the election of the candidate - .f ,people arhd irntuess who live:outsidetitter disOrcz :r~ ,�. shall be:depo iced leo the account. AN campaign expenditures shall be made from the (e) Candidates an increasingly nliau'on<c ghi'contributions from gibW and> acrabit individmis with a specific frnaintial stales in. "state and local governments (f1.While spending on political.campagns`Has escalated;citizen participation in iia Arrkis,3. Cantribraioh Limitations 3 political process has declined and the people know too little about the issues or the 85301. (a) No person, except a Citizen Contribution Committee, shaillmake to a 1 P Positions of amrdidaaes jo►tketht office.lSmits on campaign sport will nNewc. oattdidarA and tin candidate shall accept,a contribution or contributions with an aggregate ` candidates and•officeholders frown the:need for,jmtdraking:The conduct of both golitieal' value in excess of the following: 3 aanpaigna and governance thenby'wiU bit,irnp9rowed Campalgn.eapa+diarns:have risme by (1)One hundred dollars($100)per election per catrdidate other than candidates for d.000ptrttint since 1958:Vie mcreaaehat consisted prutetpaNy of aou(ibuuans fi►nii special statewide elective office and the Boatel of Fqualiurdon interests (2) No hurtled dollars(,$200)'per election per candidate for statewide elective office (8) The United States Supreme Court basedf is decision in Buckley x%ko,.46,L.Ed 2d and the Boatd.of F4malletuion. r' 659;on a concern that:spending'limits could restrict political speech. "by reducing the (b)No person shall make one or more contributions to any other person for the purpose of number of issues discussed the depth of their exploration,and the size of the'audience contributing to a candidate,which when added together,or when added together with reached"`M People's experience with the ekctoral;pr&ess'is otherwise.In California oattributlonr maddnctty to the candidate bythe first person,will have an aggregate value ? elections;unlimited spending has not increased the reel$of issues to mane votes huwd in excel of the limits stated in this section. money has drowned and distorted political diseoase.. (e)Nothing•in this chapter shall prohibit independent expenditures by a person. i? (h)Current campaign fomneing arrmngemenM with dire actual,and perceived preferential (d)Nothing in this chapter shall prohibit a candidate from making a contribution or seas to kovotakers for special4werests capable-of contributing sizeable sans to lawmakrs'• contributions of his or her personal funds to his or her own controlled committee in excess Of cmepaiM►cave provoked public d ufectioh`wirh ekciise goveriunal. .t: the:limits in this section,except that a candidate's expenditure of personal funds in rhe (i) Lobbyists have a specific fuumcial•stake in legislation.4Q*Wky and have.a-• aggregate shall not exceed the limitations est forth in Section 85401 to the cum that secdow corrupting or potentially corrupting effect on elections'when they"contrib;Wb=;to ,is in tfftet candid rn far electpe office in an executive or legislative bodyin which:they.also lo*'t (e).7his chapter shall rtotptvhibit the state or a local jurisdiction fiwn establishing lower (j)�Political parties ata increasingly'controlled by',,large special biterest.contrrbutors: _ eondibrttiah Nntittaciiots than thou set fords in this chapter. s Political•parties respoid lesstoavenge votetrs"needs agd.dtasrvottr participation us (f):For purposes of this action,.primary,'general,special;and rwwff elections arepolitical , 85102.,�People enact this chapter to accasnplirh the following purpose ~ ' spa 02. A Citizen Contribution Committee shall be permitted to make a contribution or (a) To restore trust mrd integrity in the state's elections and governing instivalbom contributions to a candidate.and a candidate shall be permitted'to accept contributions fram. (b) To eliminate cornoon and da perception.of corruption by reducing the WIiartee:of- a Citizen Contribution Committee to the extent that such contributions do not exceed the �rt� fnd % :and gmW with a specific ft-wial stake is matters amount of what 100 btdivihiaids can contribute to a candidate,as set forth in- rnmenw Section 85301. p (c) To ensure,by severing the'Nnk between lobbying and eampdign fu uiraisbig that 85303: No person shall make to airy committee,and no committee shall amept from wry individuals and interest groups have an opportiddty to participate.ineleehons and,governtiig. person,one or more contributions with at aggregate value in excess of two hundred dollars r` (d) To'improve,the diselosm of costt»Jahtiwi'soWas in"rrasbnable artdeffertrNs w aye.the (S2Q0)`irtaty'iwk�ar gaarptr conmtittte.T his provis%rshaN not apply to eavrtribudons'to � oder to prevent comgntion.and the appearance of oorraptim ofelectioni mud eaididmL., .. candidates,.Citizen Contribution Committal or political_parties or to conch, budges which , (e) To improve ddhen'parddpadot in ekedau,by orating elected'offlaak'and poluloail are otherwise prohibited by look parties neon accountable to consdnans than to special irate. grasps;;thereby fostering- 85304..(a)No person,except a Citizen ConoSudos Conaniaee,shah mcke'to a stateor co»peOm and encouraging greater gravroav pardcOi6vosr lot it&aol orgmuzodon ' " locfal pelitical party organized under the laws of this star for the purpose of making (f) To relieve candidates fa'r-elecdve office,and tlemal o ers from,the burdens itf c6arilnaians directly or&dincdy in connection with stateor local elections in California, excessive fu dmdri tg thereby providing&nater opportunity far publle debate and potnrcal one or mom contributions with an aggregate value in excess of six hundred dollars($600)'Per discourse.' _ . : „ oalaiidQryear per politica!parhc No tmtcor local poNtital parry organized under the laws of 85103... Unless the term k d!fnied�y-n dus.chaprsr or thii ciatomy:is stead ap'w„this stale shah accept fun a person except a Citizen Contribution Committee,for-Me clearly applies front the conttsb-the d4 bddons set forth`in ths:.-tide shall,govern the purpose of ntaldng.confrdbutlons directly or inditectly in connection with alae or ictal interpretation of this chapter. This chapter shall,be;construed liberally to achieve ire'. elections in'ChUforuia,one-ormorei6andbsdlons with a-aggregare value in excess of six purposes Nodding iso thk c shall exargnt sty ptrsar from dteuppNcablt ptavisums of.; hundred-dollars($600) n any-calendar year-per political party.77te limitations of this this link.or of any otter ionic Nothbig;in this cliapter'slrall be coustr to:apply to dirt. s v soosn'shall'otpply to corms kZ6ons for generic activtdes which do mat fdearfy a spec¢1c activities of wry candidate,or committee,or-to any elecdA,the(is spectf*,subJaera to rite candidaw wtN as to' -oia the-vote,voter fhk maimermrce and all other activities of the Federal Election Campaign Aa of 1971,.as amended pal tiegl party in coinnection with soot or local elections in Califorgia Nothing ort this 85104. The following terns as usedlydhisduapaerhave Ndwing`nhtmtaegs subdivision shall`be read,tat:prohibit:a Cttiicn Contribution Committee from making (a) "Candidate.means dratWm as defrud in Stcuog;, co buttonr_to,a paGtica!"parry to'the txteat that such cortrributions da not exceed the (b) "Commium"means that t6i i as defuied in subdivkiotr(a)or(c)of Secdog'82013.led. maxonuru antoiult of what l00 persons aan contribute to a poetical parr&as set forth above. shall not include a candidate,as defWel—in subdhnsion'(a)'of this section,and shalt not The limtitetions of dela subdivision slraN'not apply to eontribudons to the YoarRegistration 96 - G96 29.5' Fund of:a taste or,local political party established under subdivision(b). ,or.°her, own controlled committees:so long as each transfer complies with both of the --;(b)A state or local political.party shall be.permitted to-establish"a Voter Regianaaon foUowing: - Fund for�the••exciusive•purpose of conducting non-candidate-specific, partisan voter (1)-Theptran erring committer'makes;each transfer on aper-contribution bob:in reverse registration acnvutes in Cahfomia.No person shall hr;perndttedd to make,•nor shall a suit or chronological order,af the:.,contributions it-received,-beginning,with the most.recent local political.parry organized under dte'laws of'rhrs'smre.aechpt which what ¢uartbartor,,to des traiufsrrmg;comrnittee r e88rcgated total mon thanfive drousand•doUars($5 000)per persin.in:any oakruhrr yrdr {2)No:iransjer,:etther by iRgelf or whenadded to any contribution made by the same to.•the.Your Regimation Fuhmd.,A,ny administrative-or,other:costs ass tared ivtth.a contributor to ate,-committee:receiving the-contribution shall exceed the amount the-some r1_ iiomonrarieateon to solicit or otherwisi iiirtcf canerlbutiwrs:lro'.the l'otcr•Re istrrrtioir Fund °:contrl6utor rs othenrisc . ,g - parnutted Pursutmt to thia•ehapttr tocartnbure to the_comnurtee +" shall be permitted to be'paid through.the YoterrRegrsnanon Fund to the extent titter tut the.rnansjtrred cohiribttturn , cwAirninication has as its pivictpal purposeto.regisur voters;in Calrjomia l:_ ,(a)A.Jgai b a candidate or a,candtdate's rontrnikd•conme tete for the purpose 85305. 1 he following shall applyto Uma the abto+orr of aggregate contnbutums: a ;%i f.seek*g ekcd r oOL log a aommenadl lending instiauion in the normal courseof basiness (a) No individual aha(1 make contiibutioms zwith an aggregate;valne of-mon dime two .A tut be subject to that chaplet and shall be made by written instrument from Me,naker,of i thousand dollars($2;000)per calendar year-to all state.and'lacal'candidates,,committees tis!arra A Joest by a commenval lending instit shall be made.to o candidate bearing elle and state.or4oeal poetical patsies organized under.the laws of this stare for the•purpose of :usual and•euamuoy intarst tate of tut kndh;g JnstUud m.If the" is made Oder than making-contributions directly or indirectly rn eonmection:to state:or Local elections ilii airomneerxtial knedtng;ursi0idon to the noisnulcourse of bushness;then the terata ojthe loan California.Of this aggregate amount,an individual shaU.eontribiue no:nhort elate one -shall be-in wrier#and pmvide.for, of at least..,80 percent of the,prevailing thousand dollars'($1,000)per calendar year to committees"other than political party ;corimrerdai mbrket;rate of huErest on t�A11:loans shall provide for satisfiution•of the, committees.The limitations of this subdivision shall not apply to contributions to<the:ldrter loan not later dum,30 days:-rdter the election for-which the candidate has filed or decimed. Registration Fund established by a state or.locab political parry. ,' (b)-Ezraiskw of ends fora period:of more thoan.3D-cakmdar days otherthan by:lpans (b)No person shall make contributions with an aggregate-value of motr,than ten thousand are considered to be,cq"Ibutions and art subjed,to-'the contribution limitations.of this dollars($10,0100)per calendar year.to all state and local candidates,comnmittees a,-d state : 'dw sea. and local political parties organized-underthe-laws of this,statt for dhepurpose of making (c);No.uxadidam dtidJ:personalty loan to his or her campaign money,goods,or,semices coraribhaions.direcdy or indirectly in connection-with•state or local•ikctions'in California -that have an'aggrregate,valm at any.one.point in time of,mom than ten thousand dollars The limitations of this subdivision shalt na, ,, to individuals or•Cidzen Contribution ($!0,000)or man duan twenty five' thousand dollars($25,000)in the case of a.eandidWe for Corierhiaees. Governor. Nothi g',iiithis section shad'prohibit or,restrict a.candidate from making 85306. (a)For purposes of seeking ekca candidate may.notaccept mon duue' :oaetribytiona,otlurthan loans-:to hit.or.her awn campai8n from the personal funds,of the thccomrbutwnwere not the vatic e consrhbutions fi "udividualaho atthe:tine of :ewnfidme. L - of 8 8 PoP of elective 85310. -(a)Tor purposes of this diaper a:cauii6udan node by&.married person shall �sought by the candidate.The lineitations of this subdivision shall not apply to fumdinhg, got•aJso.Jx.twurdend a camnbhafon by that ptrsons.spoiise. t/ ... pi»vhdtd by federal state,or local government for Purposes of carnPaigning for an ektxrve lb)[ ►tbytiona.by cfuldten ruder du:rage of 78 years:loll be tn6ed as,couribhaions "° office. _ � „• byttetr•po,ahts or-gyardtmha, �• .. . (b) Camrrbatrons to candidates from.persons:other dural:individuals,shall be treated as r 85311. 0T cOMWff t drat accepts a contribution made in violationof contributions from individuals who an not of the voting age population-of the electoral 'Ssctiorn 85301,X3303,or 85304;d4 not Dater than 30 days after knowing or having district of the elective once sought by the candidate.When.aggregated with contributions -riwsan 1oI"n of that vrnlodon,•.depW*,an'amount.equivalent-to the value-of that from individuals who arc not of the voting age population,of:the electoral district as contribution into the Anti-Corruption Aq gf.199d Enforcement Fund esmblished,4 the ` .described in subdivision(a),such contributions m persons,other than individuals,,shall .conmissionn.to a candidate or W make fro pe emfomee the provisions of this chapter.if Earls' s3 not total more than 25 percent of the total dollar value of the candidate's contributions.This this payment within the 3&&y period,the candidate or committee shall have violated,dus 4, subdivision shall not apply to contributions from a-Citizen Contribution Committee section The,mmedies set forth.in=Chapter 3,(commi.lieing with Section 83100).and Chapter • established and maintained writer the electoral district of the candidate and 100 percent of `71;(comtrotrrcing with.Section 91000)shat!apply:to violations of this action except duo . whose membership comprises individuals who at the time of,their contribution were.of the when-the.omronisaion or a court,of law.assessesa monetarypenalty in an or R voting age population o the electoral district' the elective sou du•eanlidate. f of oj�ice gut by cline unman jar a viotatiori of tuts acinar the amount aj the monetary pushy shall betlaee For the'purposes o f i sudiv�onl,membership Iess'than 100 rent shall-not dues the value of the twitriki iat dw candidate or committee falled to'pay to the commission P � f. Y iP Pe T constit requirements or as set rte tent-s subdivision the'de as mquired by this section Thu statute-of limitations shall not apply to tuts provision Thee constitute a violation o this provision to the extent that such membership meets monetary penalty shallbe distributed in;accordance with Section 91009.Notwithstanding (c) Thu percentage of contributions from individuals,insubdivision-(a)and persons in Seedon-1334.the,moneys deposited mw to And-Corruption Ad of 1996 Enforcement Fund subdivision(b)shall be reported by the candidate on any omnpaign statement required to be we busbyappropriated to the commission for the Purpose of enforcing the Provisions of this filed by the candidate pursuant to Chapter 4(commencing with Section 84100).-If any :tide, camnpaign statement filed by a candidate pursuant to Chapter 4(commencing with Section ___ A5312. No candidate shall soUdt or accepua contribution from,or arranged or - 84100)indicates,or should indicate,that more tan 25 percent of the candidate:'total dollar tronshnitted by,a lobbyist or lobbying firm and,no:lob6yist or,lobbying firm shall make, value in contributions is from persons who at the time of their contribution were not'putseant am mgc or-transmit in any way a eoetribiaian to a candidate if that lobbyist or lobbying firm to subdivisions(a)and(b),individuals of the voting age populationgf the electoral district of is required to register as a:lobbyist or.•b6bytng,firm either,pursuant to.:Chapter 6 du elective o�'ice sought by the candidate,dare shall bea`wolttiwaf thisttitk. (eamntgcittg with Section 86100)or under any other pmvtsiori of'Airte or local Jaw,for the (1)When contributions to a candidate exceed the Undu of this section by l0 percent or :;governmental agency or body in which that candidm"hoWa_office or to which that ctmhdtdate. Jess•of the.maximum permissible dollar value, the memedies set forth in•Chapter 3 'u aeew6eg,ekdfon; (commencing with Section 83100)and Chapter 11(co'mmencing whit Sectiasn 91000)dial/ 85313. (a) *Win 90 days cater a candidate withdraws from,is dq%sted in an election apply,except dues,when the nom mmum or a court of law assesses a monetary penalry'tn an for,or u elected to,an office,or,:which die:omdidme.hw fled a statement of intention to be.a �or civil action for this violation,-the amaiut of the monetary ptrraliy shall-be. ;cmuGdate r tkcxlve ofifet putsumu to Section 85200,th ;eandiilau shall distribute tut equal todw amour by which the cmuribudm exceeded the limit balance of ianpagrt:fiigda reined for that=election dart is In ixr_tss of the uptnses for t/u <(2)-When contributions to a candidate exceed ttc�finub of alas seedoir'by neon that 10 election ort a pno.rata basis to to candidates contnbutars;or tarn aver,the excess to„the percent of the maximum`pe'rhdssible.dollar value:,the'mhedies°set forth in Chapter 3 Alta-Corrupdat Ad of 1996 E*n;entsnt A r tut purpoxs of ttVbming this tide.' (tommeneing.,whh Section 83100)and Chapter 11(commencing with Section 91000)shaU (b)Airy.extxss oompatgn funds may to M r**abk•awrney's fees and other be, apply,.excryt drab reeler the conmrrasrort or a court of dues ttastsses o mraumry penahy>n an. :costs in eonnution wteh ahh(ort arrem prone efiings ago6sst the emididme or legal challenge to �or civil aetioin for this WaArairm,tine mom of the temnttary shall be :ekdan°results AU funds sq expended dwU publicly diaciostd pursuant to the tltrretinua doe mnotau by which the contributions exceeded the limnt or ten dollars reghdrememts of Chapter 4(conrmahchng wttJ Sscftovn 84100)and shalt be eismpt from the (:1.000) whicJaweiu:gisx+ter= F arnrrrteycGaetaratrytsaherpttnUegsfornla?arc . (3)r The madetary penalty shall.be,distributed-In'accordance.vita Stenon 91009 (c1 Nn cdaitributi ms may dresahettad for the purpose of pa”attor►uy�s fns as provided Notrvlthsraaiding Seeticxh:13340 the moneys deposited hw,d is fwd an'he)%*appr�rprwtd tib sddfvisrori(abs-except to;tht txtaht dist the contribwnons have Neem raised within the 7o Ahe-corm issron for.the propose of tnf ming the provisions.of W»s tale:: -r }� "khnlmtatts raid rrspfcpons of dins chirpier"s , i 685307."(a)-rNo xandidare shallaccept or solicit.comnbrrrtioma more:d►ati►ante months '' X85314 (&)tit ahgU br hiiWaivfal far $;. u btjoia 77 theedeetien:for,the.ofice for which the candidate h4iftled hs ar.her statenu rat of =F�(!)Airy busJness sittlty laborrorgaruzathon, start.or.nmional bank or nonprofit betention to`bea candidate for elective offs pursuant to Section 85200 T la cawnf:aiom,or corpo1.ream organicid of 6mq lues of Conga&s e►my state tomake'a , Joial elEclfons authority designated by the:comms m the caoe of Joos!ekes rubel!for com6utton for ttt.ptarpose`aj rng an iketion to ary ela7ive•once or for the .:each eketan designm the time on which a cand�datt may bEgin.to acctpt or::cleat purpose�ttj tg any prnimvy tkcnauh or politic catvartiai or cauevcs dxld to select 6/ft7hbQaians. "t'r GSiy ZSa zx QdfOI eledlUeO�CE. y, t� a t. a a (b)No cadtdate'shaU solicit covhtrrburtiens ager du alms of err gsnad`or"Inoanmpartop knawmgiyar at espt mr'retartve arty dban preafbtAed by *.,Ar office towhich the candidate&ought election No cenfidate shtdl accent tbct serharJ �< s ` r ° r r x, , more dmhs`30 raltndar days q(kr du udaAe"af the gimerIIl or rtr»off ekEtao jm the P, m s>i3) !!t�cEr osary dfrreror of mty tiiiaLnss atttlj; start or . ivhtcji tretaaodrdoti:aught election '> 'n r, + � ,� rbc oritwiprofit&*ratan by authmuy of A"law of Congress orahsY St"to s(r)For pxrpaua of this chbpur all coneribhmlaiis dhaA be dspaslted in'trt tmrdldme s iaaitspulo tatY couurlbsrtianhbuslitess amty,tabor state or national brsnk :bereairateaf3 eJ dot;<ContribittlMSW;, *Ad1J be.eTtanbdlr"esti (# 1ltt fimli,JtJwidk SixhEore'831(10)mid Gtapter 11 aexpad by the•oarrdidate+ } ,r �� 's, r " (rbirat►axvhg wdh Secefan 9t000)andlJ'apptyTo mtY:becsirteaaaetf�labor orgaramtton stati 8530B (a)No canoldate riiay make arty eoturtbutFuitt"'M°osiy otter txadtdate olio hos or +al bars$eJraeiplt co rparatiom�s tuts unease exu epi teat:wham the ` E ltdled II Cladidate account �to$ta�orr8520d r �"`� r'x Se.' a "" ' a' " ;Gpll t Or C6111t aj�aw a8&!E&Ed a Aipnt ryp�':l JRan; rtlRVt or-cmil:aCtan n°(b TMs stench JhaU noJ oaeddme frau malabt a'a on j'rrmt Ms w loci fors " of tw.ii fad, lie hsttota{t tithe thttntetary i►,*AM be thnea'tbmea tee .awn pEraowt f rws carer es.urs`ar hn;!"Pa daclr`to coved F�Ru y�C bj�+�S'A�ra�K�are�par�dlnvir�a��d�J sectlaa ortat d> td dolfa�(lsIQ0011) -xattErttfarEktstve"o,�'fee arst0}a't[call°LraJJatnte0&t)#t •.... ''" +?�+v,c ,'*S�Irw . `(c)Tlie&ssefmn'S1w/l not pmldbu a emhdtiJaat flute Qns$ttRhart$ 8p�fcwk jnt + }oraabrJmtruttdte or ct'rtdy appheabk ruder ids trtkmry t «-u i ,YPz''Ctw r'� ut� f �3�"Hr1 rx ... ' x.'>1�'',-:t 3 't•"t' •t �. 4t'fiLy,h t.-. '•'c # 3 kr r, * , r n4�� + '"�•. t. 4 .vt 'ri}R'` : wv .*„y -� Ri1'aV.. -c x �+• ^s_ `�• � � >. 3 t .fh-J'.^ a. a., A. tf "A Y'.'�.z1`c�. }t^5. . t z"�'+ r'S'i' ! .s e ?-i: ,4`F••,s m: ,,,,.R "r••.`c w c;,. r }� 't ..' 4 , y,F.4 '--p.r•.`.q a,yrs,4' xy°`z �•"� -. 4?. 9,.>P,�ow.. ..: �, ra ',�r �'�,bc�� ' J ,n'>� ��-�" �� +< a� '3�' �. . { ".�•�°•?r,tz,x 4 ,.�r s �� °a �z:, �^�'�•�'x k F#'�,Y�kir�•�r�.�'..�,'�'��E r *, ,X'+ h i�. 'St's.r 4"'p' .r�,.;C -.s, Y+'� t a -y `t rte'...iG_'nt,---. -'� ju*P�:,c��.� c�� rt� h�.dJ•*^ ��" - w�. ;��•�'-.`�� '�"Jr„� �"„�54'"t�{,y^ cc Y��`e t"�.�i�q ;"•r":t;C, .,`��,�H�..j'k�?!� als`-ct4+. :':'��N.,.__",.w��. `.4.«..e..'i. .. '-s .fia11 r'ctr s`i.., __Q -W :' tr �a`' 'rF�F.%�`: �.r rv� �,�s:..hb�+.°taR.� h a., !. `',;a.,"rc '�•� :i'. _. �.:. : -'li}?, "r °�:vFt3• 5 a ,&.d3•ag r" e;, >`k'I?.t°.a '-, �. .t...,It c4'�,s -..r'...t'r,, �" * '?' 3.t2'��"�� •�' ,, � ti n K ..L :�, dj-'.a ,�� { rk z-e.. i w• .t fi 5�p ?t{S r"x 1k aGr a.. d xv r r sp k j m 4.t S# lir '""•,. ,... - t .�r.,Xf* .j. .. _ . 'F.-+""er�".��ii =3'� .^,"" 2 .uta Ft 't. �a' "�' '" t'.°z,�'t.�'" a •�'-.� *� ..». MA, �{� v� .�c,��e�.a•,�, 'a f�' � }�F x�s=�.�a� �; •.�,.,s ��Y O J;'d1t rCtar, 'j!00049nim a��'�+7' { z a'IetS } shalt be l2 v101d Q�thin sect i ard.r[quued aa'►rpay AW1.1 organiiptioa amtenadatea/btmk ar vlotait)kg of eqa dsunpt as toirutois,ta,pra sari!basis or pay{ht excess amaiwt to:the Ream` 'amhorrigtg'durvkrtlaaknk' t ors y �+ td�+aatyxffiy A 'Mt:� fo kkowinglq'auis�or abeks the vicEaaignd►erroj'rs gzt8y df �immr"gpd i!i td� 3(�+ 1�FC11(conertiitg�w tlrswidr Secrl�t 9!400) odier.crimiAal. lore akfiaa�oJtrnd�ettet6at ¢ ��a� �' z�ofth 'stctton cetrd'by tisubdlvrslort,e=cepE that;whta the ($10000 be Ppd3; 6y* '��s �5mi� �r ",neaigntssaateolQuotdiLojlawasaesaaa�rt}onetpryptemitFin'an' matfweoravitaraiqu, r )' aud .+ v s r�'3 .c a RtalQflDA,the O,thd'h70netary Few'ah011ibe three times tht;amorait bye (dhNotla4tg Gasermossh4lt�p�the a1� ��; there aha Kh .,3 h �ceeded die tapQuOwt�e dnac',Zfu nauretQt7penalty elect bt 3 uAder the`atahonry of teJS t>p floe laws Wrq +aW ' cematihtee t 13 c aasordttiece 41009 Naw Secti64 340 the makrys dapoated bio 3 opemas free of alp app@nri f a i aayuh"'i-I ss""etr tkr tt�c au" rtlaut!` the Attu Corrnptmm t int,F fat` hit tby aPFroPriattd to the E, burl'ornonprofit CorparatiOnt' r� erd6r the mttltt ihy e¢iEe�ngrsssI d�e laws of artg� d rt` flet mvisiatt this pili '.. Y s ' , res , � •m (g)A who`excteds the:Gmitafewrs in suddivtsiotu a d itiater tbmt' E suras aerbjact w 'lindutdOrs`ath provided tie r$ls t/iapter ( ) ( 1 by'8 '(t)°Nothing ln'thrs serturoe shall ps 'a btcff►r4xr ;F labo►t3otgiz�toi�,stada ae tbe shall 6t,in violatiios`.of this seaiote and ngai►rd ro x� 10panvmtof etr.11mlt >rPo9 national:bath or-nonprofit cotpomtta�a,,etgat rtttt`tptder ttk atuhdnry of CmigliGf)r'or tea anro+eit to irogtribtmors on"a pna rata basis or,:pap,the races amount to thel. laws of ii., orate from prov' indtrtci atgr�a"rt1" pup CAd. (Cai►nfbatloie Counnittte pn Act a ff%E rceme n Fund In addldm the mnst&s sa fordt in chopwr whtch+a reiNei contnbunans ro dtoretao�d doltars( S A00}ar lou per`cale►dor}sem 3 lc�nartapcatg with 3Cctiat183100)and:Chapfar l/(cotrunencing:with Secdat 91000)shall; (f)`iVotiung in thio recti pinafiibtt a"bruttita�sntetq,' ar�'oga+ahetiak?:=slattc ori'. W+P� :vioiotio�is of this triton:coveted 6y this.subdivisiog; except that when the ) rratron(il'bank or norepmJit cotpomdort'organtud`undtr thi` daorlry"of Cwtgteas or a`rnun of law assesses a monetarypenally in an administrative or civil action 3 w laws' start brdkttct ' re'atry committee exeepfapo of pmYy or f skxh a violatiaw the omoum of the. puealty shall be'three.times the amount b9 ars fromprovgrt nwnetary candidate,for adnuitiaerd ili v��ad coma i(lnnce Suck elerddl not include fiatdrddsbg ". which the candidate exrieds,the e4visditutr limit or twenty thousand dollars($20,000), b trialed acmwtK exetpt as provldtd m suddkitatott(g e , i �< whichever ri;grratsr.The monetary penalty shall be distributed le accordance with Seenae r`f&t Nothbtg iii tMs seetkni shall prohlbt¢a btwitreartntlt,labor QigmuutNan,Ysaue w 91004 Nahvidutanditeg Secdavr13340,ilei moneys deporiud lino the Atni Corruption Act of national`dank°or nonprofit o�gmdzaium' ga±uud gtW the,.ardhonty'of C ter r or " 1996.` i orcementFund ari hem appropriated to thecotrrmission for du purpose of= laws of any slate from provfdtng bkfiirtct snrpport to harry court dick erapta pttliarnl parry or, eriforcbsg,tht pmviaiatts:of this tltte;; cakdiddte r ndmtsin or rclatrd'acttvity to the extent that sash, rt'ta inthe` (h)/n dee event that the expenditure limitations self orth in this section are not in tBrcR, f° 8th Sections 8540'1 through 85404 shat aggregate 20 percent or kss:of the aWktnbutians retxrved by that eatutdttet per calendar' g year . . t r $5401 (a)Eaekrmtdidate for a our shall file;wide dee Secretary of Stan and (h)Nothin'`in this section ahaG roklbit a iiia ysesa " labor o antzation,,state a commission or the local elections authority designated by the commission for local notional bank or nonprofed c W00ado>s`otganiud'mtder rhe autmM of Congriis or the:'. �electim a statement as to:whether or not the candidate will abide by the voluruary:' . laws ofthI&state,'which sponsors a ea'nuidttee,f�n►naHeeg an;expatdidMe that guuiijies as a sat fords in Section 83403 be laws any contributions or loan contribution wider rhe act so long as the buatuss ento labor otgadu�tm,state osnadond, for his:or her ca►gtaign. �? bank ornimprimfit irorpotaHon rs remibursed by its sltaasansd committee within 30 days of. (b) the declaration ofitwittto abide by or reject die voluntary a tutr limitations into 8 Foyntemx :, $ filed pursuam to this section"be under pendtyof perjury and certify du;with respect to (i).7J�ls section°shalt riot apply to tleetiorrs to federal o�"tee under the pinsdtetion of thea the election for the oti9`tcs:aought:by rhe candidate,the candidate will or will not incus �0, Fakm!`Eletxton C - VW Act of 1971, s amended t �i ' , , eVenditins in excess of the trppliroble exptndtture Grtdtdtion 85315. Nothing to dots tut shall ptrihtltla"a tabor a tate or nadoga!dank (c);T be Secrrwry of State shall pnscribe the form for filing the information regrarrd.by business entity:"tuonpnafit eoryoratiot4ar eowuniittr gwfhe`coxa af:lnternaf`' whish%shallinclude but not be limited to.allof rhe following: comumiitiications with its introits_ calm phyte,orshii !T for the'p TOM of$WPortii�g (1) The name of the candidate by which he or she is commonly known and by which he or or opposing.:b'ramdidate`or tamdidates hee/ecdve Oke-or'a ballot median., Suc ' At transacts private or business expenditures shat not be considered a contribution or independent expenditure under the (2) Tin mailing address of tine residence of the cmtdidats Provisions of this act,provi"such payments ore.not for the costa of campaign nmtiriali (3)A signed declaration by the candidate,under penalty of perjurw stating whether or not I used in•conhection with btoadcastiiigr newspaper,-billboarA or similar type of gemerd public he or she will abide by the vohuuary egxndimns limiu dons set forth in Section 85403. communication. ..:r (4) The applicable volunmry expertdttrire limitation for that office. ? 85316. Contributions made dirk*.or brdinctly,to oro»'brlmlj a partieutaa candidata (5) Odmr itdormadort as may be determined by the commission F . dumagh an mtermediaty or conduit shag be treated as eontributloma nnOt"the contributor and (d)A-cardidaac for.elective o who files the statement of acceptance of the voluntary the dUtmudtarp:er cotuWit tin theleandidate for tike purposes this Gmtttttlon allies the esprnditun limitations prescribed in Section 85403 and who, subsequent to filing the: tnterrntdiary or condor itone of the foltowwg swkmntt of aecepwice:exceeds the prescribed limits shall be subject to die following: (a).T brcnndida>7e or nppnsentotive of the cYeididale reciivarg oma twdonc�on behaV of (1) If tht amount by which,the candidate exceeds the prescribed linea is less than S the candidate;provided,however'hat file irprrstntative'shall not include lhefbUdwing Pew of ire"esperrdlture limit the candidate or his.orher controlled committee shall be, required.to repay the excess amounts to contributors on a pro rata basis or pay the euess �reOm' amount to the Anti-Corruption Act of 1996 Enforcement Fund not later than 10 days.af kr the 4 (I}A committee other rhos die cmrdtdate s com►ptt+8m coonoiaaee election No ernes administrative,civil or criminal shall bei sed a amat a (2)An ogee►,employee or agent of a earmuttee other than to candidate s campaign fit �°O '"p° g cominitce ", candidate who complies with this Otherwise,the remedies setforth in Chapter 3 "` canttrntmcirt with Section 83100�gC�ter 11(commencing with Section 91000)shall . (3) A person registered as iilobbylat with rite gavernmema/ygertey fe►�wjkA die ( 8 hop 8 , candidate rs mina.. or it at'ofiicehol, i z apply aa'violadonsof this pamgmph; - (4)An officer employee;ar agem`of a/abo►-organization;business entity,'or other`. ($$1 1f die omourat'by which the candidate exceeds the prescribed limit is 5 percent to less= ` o►ganir<tion acting pnbehatf 8`the labor argauiiatiort buvbttss eniU}t or other orgauzadon;; tlmm`IO percent of the acptndlturc Gini;the candidate shall be in violation of tips section and , (6)A'volrait o"who otherwise�es`irot'frtlt`t del strbidl dslon(a)hosting a fu tsitig required to repay the excess amounts to contributors on a pro rata basis or deposit the= event'outside artd away front"the volusrder}pFace of busrriess amount ro the Arai-Comrptim-Aet of 1996 Enfineement Fund not later than 10 days oiler the - , (c)A profesaiaml election:,In addition,the remedies set forth in Chapter 3(commencing with Section 83I00): 85317:'.No persond to a pubik board or eonmtisston oi'a$7f uatee of the and Chapter 11(commencing,with Section 91000)shall apply to violations of this section California,State.Unlvtrtoy,er Regent of�UniveYsuy of CA$r da•durmg•tenpre in off c ' b)''�paragraph,except the;who the commission or a court of law assesses a ti, shall cosmic to,or soGclt or accept any rwmpaign tiomnbutign for any i+onirnittee'c;Wdi@led° money peri in an admiaismadve o civil action for a violation the amount of the by the person who made the appouimnent to that o�lee or any other entity with the intim than monetary Pemo�'shat be equal°to two t the ainrount 69 which the candidate exceeds rhe the recipient of the donation is the temmettet cbntmtled'bq the person who made the' expenditure limit.The monetary penalty shall be distributed in accordance with Section 91009 Notwithst mit Section,13340,the moneys deposited into die And-Corruption Aa if :. -Enforcement appropriated issi r t ti .>.. 199!6 Etifotre are hereby pro rioted to the comm' 'ort.fo he purpose'of Article-4; ore Llrntamtwes enforcing the pmvisiona of this title. 85401 (a)'A ca►d+date for Stas Assembly shat not marks aapa+dtteura for the:prrmetry (3):If the am a&w by which the candidate exceeds the prescribed limit is 10 percent or• orspecielprimroiy.elecnoit:whicle trceal an:atrtotfm egret!=ta se ftv`e thousand,dollaia more of the espemdUum Gnus;the candidate shat be in violation of this section and required: ($75,000):and for thegeneit3l;apixxal or spuxml rwroeltaimr whfek exited one:htou6ads to rrltaq the ucess omaueitw contributors on a pro rata basis or pay du excess amount to the fifty thousand - -Eirrr�iorAct of.1996 EVmrement Fund not later than 10 days after the eketiat,In : 0)'A candidate for.'State Senate and Board of�4uil�it shall n matt ditur ttori;tht remedies act fords in Chapter 3(commencing with Section 83100)and Chopttr. Y for the primary or spaerad primary'ekedon whucli exceed-an amrou d equal to otii uutdmsd 11(commencing with Section 91000)shall apply to violations of thin section covered byrhis fifteen thousand doliam($115 000)`w for the-general' roe sperm!nuto t1ec� pamgrtpk except:aha;when the conmdsswnor a.court:ttf law assesses a monetary penalty whisk exceed two hundred thousand dollars( 5,000 �' _ m an.adnunrsrrative or,-civil action for suck a-violation,to amount of the monetary penalty (c)A candidate for starewir o�fbae_other shun Goverrott;:'ahQtl not a ant txpeirdturts for shaUlbe egtml:ta dense tintgs the amount by trhich tine candidate exceeds the expendimur limit ' the Primmry'orapaclal+piiimafp ekcdmtwhlch exceed an argaum equaF to tare nnlliat two The mont+tary juimlty shaG'tie dishtbreted im accoriianee with Section91009.Notwidvrakding hundred f iffy-thousand dollars($I 250000)oral for tike genera! cep xlsl or special rwtof► Secdai:13340,*the moneys;dtpwUid bio the Atmi-Comupdoa Act of 1996 Enforctneait Ford tlecttoue whish eared art niilGan eevett hiakdnad fifty tmuaard dolfara,(Ji1,730,000k, are:hheby rmud'm'dtt coitimission far the puupose.of enfareing the provisiana of this (d)A:candfdatc farGoverAorsVtirU suet mono exttnirs for tit'timarp ar special tide'/n•addidor the eardidate m the mantrcr prescribed by the commission but a mo cost to pnmary tltctiore:whtch;exceed ac ate equal to,'Nwa miGtonet dollars;( Ot10 00R)au!for- the prblie shall notfy aG eGgtble voters for that eiectiort that he or she exceeded the the gennal.special'orspectal nmaJjelecdate whivh exceed five milttwi doAaaz(S1.'000,000 ,, tutr Wut (e)-Amy local ju►istiictiort mtamcipnitx'oroouity skali estadGalt srHutt a iltmtatta rsaa (e)r The pmvttions of dtit'sect►an"shat dppty only m die tveru due Section 85401 is not in or cmididates and comtro lerE'comunitttes'of such cmadiden@s, tlecdve;t ice riot to•extxsd` forty cents($0.40),per::ekcdon per.itidivtdttal©f rhe voting age poptrlatton of the local' 85403 r<-R cattdidatt for ef4ctivt o�icemay file a vodmmry declamdom wick the Secretary uri"diant munici 1116%ermumle,; :` r,, ,., State and the commission statin drat he or she agrees to abide voluntary n ! of 8 08 by ry spendi g lfi<A;'ceridrdaterwho cxceiuls tie.liiitm6ans iii iubdr�ars(Q}thtpagh(d).dy10 pen sett ltialtt;as folJont:.;_ _. 98' G96 � s (a)A candidate for State Assembly agrees not to make expenditures for the primary or to the,i ice sought by the candidate making expenditures or obligations for expenditures of special.primary election which exceed an amount equal to seventy-five thousand dollars personal funds.Such notification shall be made at each expenditure of 10 percent of the ($75,000)and for the genera4 special.or special twwff election which tweed one Modred expenditure limitations set forth in Section 85401 or 85403,whichever is in effect. The fifty thousand dollars($150,000). nottfication shall occur within 12 hours of egwndiQu rs or obligations for expenditures under (b) A candidate for State Senate and Board of Equalization agrees not.to make dd,subdivision. expenditures for the primary or special election which exceed an amount equal to one 85407. (a) For purposes of this chapter, "independent expenditure" means an hundred fifteen thousand dollars($1/5,000)and for the gener4 special,or special rung expenidituir for an advertisement or other communication that: (I) contains express election which exceed two hundred thirty-five thousand dollars($235;000). . advocacy;and.(2)is.not•made at"the behest of a candidate or a candidate's agent or ` (c)A candidate for statewide office,other than Governor,agrees not to make expardiwresam�ged coordinated or directed by the candidate or the candidate's agent. for the primary election which exceed an arnount equal to one million two hundred fifty (b)For purposes of this chapter, the following expenditures are not independent thousand dollars($1,250,000)and for the general election which exceed one million seven txptnditares.anA unless an exception is otherwise set forth in this title,shall be considered " hundred fifty thousand dollars($1,750,000). contributions to a candidate if they result in communications that expressly advocate that (d)A candidate for Governor agrees not to make expenditures for the primary election cmdidate's election or the defeat of that candidate's opponent: which exceed an amount equal to two million dollars($2,000,000)and for the general, (1)An expenditure made by a political party. special,or special runoff election which exceed five million dollars($5,000,000). £(2)An expenditure in which there is any arrangement,coordination,or direction with (e)Any local jurisdiction,municipality,or county may establish voluntary expenditure ...respect to the expenditure between the candidate or the candidate's agent and the person limitations for candidates and controlled committees of such candidates for elective oQte_e not mwknug the ire. {r. to exceed forty cents($0.40)per election per individual of the-voting age.popuIgnore-of the (3)An espenditum in which,in the calendar year in which the election is to be held,the local jurisdiction,municipality,or county person making the expenditure is or has been:(A)authorized to raise'or expend funds on (fi 77se provisions of this section shall apply only in the event that Section 83401 rs not in behalf of the candidate or the candidate's controlled committee;or(B)serving as a member " effect. employee,or agent of the candidate's contmlled committee in an executive or policymaking -85404. (a) For each candidate for statewide elective ogee who,pursuant to Section Pin 85402,has agreed to abide by the voluntary axpendituie limitations in Section 85403,the (4)An expenditure in whieh'the person making the expenditure retains the professional } Secretary of Suite shall publish of no charge to the cmmdidate,the information set forth in services of any individual or other person who is also providing pmfessional services in the subdivision(e).Publication shall be made in the*W ballot pamphlet, same election to the candidate in connection with the candidate's pursuit of nomination for (b) For each candidate for state legislative ejf bear Board of Equalization who,pursuant election,or election,to office,including any services relating to the candidate's decision to to Section 85402,has agreed to abide by the volwhary expenditure limitations in Section seek o,Qice."Professiond.services"shall include any services in support of any candidate's 8.5403,the Secretary of State shall publish,at no charge to the candidate,the information set pursuit of nomination for election,or election,to office. forth in subdivision(e).,In con' with the licable local elections,,{�;,,� fo junction applicable �"ial,publication •(c) Forpu►poses of this section,the person making the expenditure shall include any shall be made in the local ballot pamphlet,unless,but for this subdivision,no local ballot officer,director employee,or individual involved in making the expenditure or purposes of ;� pamphlet will be issued in conjunction with that election,in which case-this subdivision shall this subdivision T not apply. The Secretary of State shall bear the"pro roto cost of printing, handling, '(d)For purposes of this chapter,"express advocacy"means a communication which when translating,.and mailing the local ballot pamphlet for state legislative office of Board of taken as a whole and with limited reference to external events is an expression of support for, Equalization or opposition ta,.the lfection of a clearly identified candidate,a sperific group of candidates, (c) For each candidate fns local of ce who,pursuant to Section 85402,has agreed to or of a particular political party abide by the voluntary expenditure limitations in Section 85403,the local elections ofcid (e)Any independent expenditure is not considered a contribution to or an expenditure by shall publish at no charge to the candidate,the information set forth in subdivision(e). oron behalf of the candidate with whom it is identified for the purposes of the limitations Publication shall be made in the local ballot pamphlet,unless,but for this subdivision,no apec#ied in this chapter local ballot pamphlet will be issued in conjunction with that election,in which case this (fi Any person who violates this section shall be strictly liable under Chapter 11 subdivision shall not apply. d) For each candidate who does not agree to comply with the voluntary nditure (commencing well Section 91000). .y ( g ry� 85408. (a)Any person who makes independent expenditures in support of or in s, limitations in Section 85403,the Secretary of State or local elections of sial,as applicable,. opposition to a cleanly identified candidate in the aggregate amowu of one thousand dollars shall only publish the information set forth in subdivision(e)on behalf of that candidate if the ($1,000)or mote per election shall notdy the filing officer and all:candidates running for the candidate pays,in a timely manner prescribed by the Secretary of State or Iocal elections same ofce within 24 hours by facsimile transmission or other electronic medium prescribed of sial, an amount equal to the pro rata or incremental costs of printing, handling, ' translating,moiling,and related costs in providing the' ormotion in the liable ballot ov the commission or local elections authority designated by the commission,and by 8 8 P 8 irif iiPP• overnight delivery for each subsequent independent expenditure that is five thousand dollars pamphlet.However,if pursuant to subdivision(b)or(c)no ballot pamphlet otherwise will he ($5,000)or mom. mailed in conjunction with that election,this subdivision shall not apply. (b)No person,except a Citizen Contribution Committee,shall contribute more than two (e) The information to be published pursuant to subdivisions(a),(b),(c),and(d)shall be hundred dollars($200)to any committee which makes independent expenditures greater than as follows: one thousand dollars($1,000)per election in support of or in opposition to a clearly (1) The candidate's name,address,and the elective office sought by the candidate. identified candidate.A Citizen Contribution Committee shall be limited to contributing to any (2)A statement of not molt than 200 words submitted by the candidate,setting forth the committee which makes independent expenditures greater than one thousand dollars($1,000) candidate's background qualifications,and priorities.The statement may also include a per election in support of or in opposition to a clearly identified candidate no more than the r photograph of the candidate. maximum amount that can be contributed by 100 individuals to such committee. (3)A list submitted by the candidate of not mon than a total of five individuals, •85409. Upon filing a statement of organization-under Section 84101,a committee shall - candidates,or organizations who have endorsed the candidate.The candidate shall provide �be;charged a registration fee of one hundred dollars.($100)per calendar year. This to the Secretary of State or local elections offrcial,as applicable,a statement of endorsement registration fee shall be paid to the Secretary of State for the purpose of administering this of the letterhead or with the autitorized signature of each endorser to be UsWA - chap1er (4)A statement,in boldface type equal in size to that used for the candidates name,as follows:"Candidate accepted voluntary spending limits approved by the voters in 1996";or 1ABBYIST'PROY.ISIONS in the case of a candidate who dots not accept the voluntary spending limits as follows: SEC.3. Section 82039 of.the Govemment Codeis repealed. a "Candidate did not accept voluntary spending limits approved by the voters in 1996.': 84939. "bobbyiat11 meaea trey int who is employed or co�aets for ecenoteie (f) The local elections official shall.in consultation with and in a manner prescribed by to idera!!on,ollOW thae telmbtitsemet for temmiabie tta►ei etepeeaes;to commm icafe the Secretary of Store,designate on the ballot those candidates who,pursuant to-Section " 7 or though his or her agents with airy elective stage offieiah agency official or R54O2.have agWad to comply with the voluntary tapenditure limitations in Section$3403. official for foe pntpoae of tefiae.—M:legistowe or action if a These candidates shall be identified by placing an asterisk(!)next to their names on the of tegtd>a,pottion the aefttttira fer,w_! he or reserves woe is for ballot,and each page of the-ballot shall contain the.following statement: "•Candidate the pmpnsa of' hie or adem aiatire,aepore No imM idtmi is a iabbyist by accepted voluntary spending limits approved by the votersin 1996."Alternatively,candidates ttxsoe of aeh+fdea in 9eetiems 96399 - who do not accept the voluntary spending limits shall be identified by placing a.double „SEC:4. Sxhon;SM,is added to the.Govui mmt Code,to rw& asterisk(ss)nea.to their names on the ballot and each page of the ballotrshall:dxntain the 820.39._ lobbyist"means any ret viduaI who eidwr receives five hundred dollars($500) following statement:"••Candidate did not accept voluntary spending limits approved by the or more,in any calendar month per calendar year in economic consideration from another voters in 1996." person,.or who,.iegin*ss of;mry economic consideration,is an employee,professional,or (g),77ne provisions.of this section shall apply only in the event that Section 85401 isnot Dt eget;,and.whose prinetpal and substantial duties in that capacity are,,to communicate E 6� A=*with amy elective state gfcial, tffic ol,or deaf employee as in ageriy grated tial fisted 85405. 77me commission shall adjust the expenditure tiumitations setforth:tn Section Sedan¢2019 for the punpose.of tnj7mming,legislatmve or,administrative action No 85407,or Section 85403 if Section 85401 is,not,in efitcR to> m dtartges;in the Consumer indtvufual to a lObbj4st by mason of ac#W.1ks described in Section 86300.For purposes of Price Index jor CaUformia"rounded to the-nearest one doUar:($1)'in;-January;of every =thus tecttpn, imbursemew. solely for;reasonable travel.expenses:is not economic odd-numbed year after this chgQr.becomea:operntive y t a so0siow, For'.purposcs of tlua section i ithe `the ruk preven ing disclosure of an 85406. A.candidate who uses his,orherptraonal fiends to seek elecAwa shall irpan gttorntya .ptodiict rear mty-pttavflege:agawtst disclosure baaed;on the attorney-client expenditures of-personal funds to the commission to lite fiat instance that the aggr ate teiaaons .shall ta iegutnd report or d{aelosure under dtis tick,unless expressly expenditure of obligation for eVenditura'4,personalIM funds isl0iptres tt or trwre„ the nytmurd the Unf SYatts ConsNtrttott or�tht Coil jonua Cwi idrtion expenditure Gnutgtons set;forth:in Secticm 85401 or 83,403 whihe►wr tt to Thtred�er 'S8C �Sa4toe 8,¢102 of the Goveantgeet Code is a®eeded to ted: .: the a88regau eapenditturcs,or obligations for;q of pttaomt�a aa►tte8b102 Bacb lobbYmB 5rm and � to 51e,a:tegistatiot mxafement shall be.deported to the contmtsston on:.1he sand ylate S uampalgn statement at:tach coda[thurs�c�OW racy simll bq. net fere lhaa lwaky�i�e doH�a one hundred subaaquent apprang periaA A cadtdane who mutkcs;e�petdttunes peraaaol fmtda:ofrl0 dollars(nr[1t0)pet yaer fm each:latubytst tt:t OO to be lusted dm,its teg�tiot srate�t = percent pr more of the exPenditne limitations set fordrbu Section' 1 or 85403 whichever SEC 6'SdxazEdm 86203 d>f.the Govd3ngmeet to teed _ia;in,s�ecb during the 10 day period beta r tltt daY:vl the elesttort shall�.mo jt by P rattal ,862!13 1t ttholl be tmlavrfitl fa a 16W. 18,a M to tq*,Sft to ace ptxamt deliverK ftuxirnile,or other ekctrmtmic tneana Lite eapmtsatpt tiered all candldattsforekerrax more felt dgI}aea is s tnoeti>;>or fa set as an agent or '4y OR9 � l"��At.M i+..��£. 4i�:S �''�. ��L`.�^9h^5 *Y...} �� 4 -4'T 1 I�"yi�{-s•«cc � E i''fii;ti - ..,, t-+�d i_ ,c 73�', '.i y4�` e t`-Y g,z .°SAl ,'fa �'a' ".K Er: ,:.. .,��:{j,;..,.,.3�^�s��.��.}r+tt�n 4 ..r ._.„a��,,�x�Jr•,.�.t!ti�:`� . �' x � n 4 b ke .Y rt .4't£ .f"`a"'fiy.. .#3 ,53 �'' j - Y•� t --`.!: .c a2F$ .i+�' # aR�4,. 4 =,..xr!�,""3'it'cY 3.+C { ,•:t +x � r.ii *+,.''f' "6" �r, ,y„y' •cSl-5a.�,. . .x - .. A"tr`c,.' ;s t hi �ri�n v& " x ,9-'s.. �4��i, a t 2D • ,,- ,at4 ''' t '� f !�'a,,, 4Fxit `� 9i4..�t1X � tis, '�j `"`+,t '�,s. .:r 5. Y ;{ W 45L �• �vTa t» {S :,.� .-1 � •.. _`' ,plea., sfl�"v�.k k A ,{�p� ;% 'Y¢ h. �.. - ietee edrary is the males ,of say i er to aeranga for tlx'mt of ttaxfgdk bT aa!abet �t 831165 Ar perar>�Z�ifho any piarinon cf dtrs trete whom p6tposely nr' P a ` t t►t is o gtt °�!; � pers in tl h of any�t to cjf ibis WWAM tri wtio aids atld •i o giji;;to as as an 'ear or tate o asses" other violate• on orf flus nmlattg 8th b) oilier pertpvi i r xa �' , w 5a orbs BhBQ be liable ii AM SEC 7,"xSexuon 17221 rs added to tLaRetn andzadon Code,to rjzud � ` provislrms dna edhapeea title 1?4ovldeek bowever dtae However unless spectjkd otharwrse' ' 17221 (a),Norwtthsranding Sectwn 17201,�rw deductlon,shalf be allowedifnatri Ott? 'be dtla'titk tars sxaap shall apply a®ly w petsgtrs whu�have ftlmg'b�ceporang obltgatums' expense pa o►incurnd dttritt8 the'tarabk`gtar at ducrt(rtd int Secdon 162(e)(i(Jroj , ter this title,dt who are 1(or services mvolvtlig the pliumin or Internal Revenue Cade netatarg to before srtbmissran'of atattmentt�to,or7` �` `$ b this tttle a>id t)m!a vioheeon cif on` sendigg commiaucartons to,"i emplayetor iw�iGGe legislQtive branch or the exgetu( doe 09 of aIIY tv'ttY n8 b .Y: branch of the state,or anypohttcnl axbdtwtior tliareof wlth rarsperttg duty niirt not ae>ee as adeiKeoaat rho ander ' ea, a ..es "ems;..�d :$4 _. quasi-kgtslatrve"fuhhcnon of the execidwe branch of the state err cuiyrpoWawl' x $ '11 Sexes 8430 of the Oovanment Code is amended to road �3 z' 84308, (a}The defindioae set forth m this SUbdtvision shall gowean the moerpreranon oil- lhentof '4fu S' �'4'ep,�C,+a !'`'�.+C #`tr.#'} �:eGrtfts...+i sit y,dna SE% *•,. 'S a, (ti).-For purposes of this sectwnalhe expenses deurlbttd,by,Sectton 16Z(e 1)of the' , =t t fes, leiternal Revenue Code shalj urclude"lobbyntg ea<pertdetwes as defused th Secttoit 4917(e)Fl) (1) ,Party.means aaK pers°n'vr6p;files rep appLcation fot.,ot.1s the subpxt of,a. of the Inte' I Revenue Cbde and shall also include as± !o P nnB involving a Lceese,mmit a other enatleineut Fera ass r q bbymg expendttrhra a>:y expenditure.incurred-in auempting.to uifiuence any action of the.kgislat&,btattrh+or' 442 p�n`means any person who is not.a.party but.who acdvely,snppoita•oi executive-branch of any,government.,by communication with ttn9 emptoy4r~o@sset member a.paradailar tlecisian m•a ptooe�dtmg involving a license,permit,or other entitlement or agency of the executive branch,of fedeml state or locatgovitnmeiu;or arty otl(er stnglor for ttst and who Lasa"fiaaoctal inteaesttn the deciaton as described in Article l(commencing : governing;bodk .:, a ;. as , with Ser ►+87t00)of.Chaptei 7.'Apason actively attpports or opposes a�tticalar decision SEC. 8., Section 24335 rt added;to Ute Revel and'Ioiiaaen Cade,to+rail in a proceeding if be or she lobbies in person the officers oremployees of the agency,testifies 24335. (a) No deduction shatl.6e allowed for,anyespeases pant or incurred m the in person before the'agen y,of otberwise:acts to influence officem.of the agency:;. taxable year as described in Section.162(e)(1')of the Internal Revenue Codi;retatmg to (3):"Agency"moans an as defined in Section,82003.except that it does not ir►chrde appearances before, submssdon of statements'to, or sending communicanons to,,aq the codrts or any agency in dm judicial branch of government,local govemmantel agencies employee or officer of the legislative branch or the,atecittihw bmtech of the.state,or mry whose members are directly by the versa the 1 egisladue,the Board of EtluaLr�On; political subdivision thereof wish respect to arty ulana�+g or any quest leguladve functunr- or elected constitutional officers.However,this section applies to any.person who is a of rhe executive lirarch of the stale.or any politicpl subdivision thereorf .. member of an exempted agency but is acting as a voting member of another agency.., v (b) For purposes of this section,rhe expenses described by;Sectwn Itf1(exl)of the (4)-"Officer."-means any elected or appointed officer of an agency,any,alternate to an ; Internal Reverwe Cade shall inc(ulde"lobbyurg,ixperadtturrs:"as defined in Section 4911(cXt) elected or appointed officer of an agency,and any candidate for elective office in an agency. of rhe Internal Revenue Code.and shall also$fnclrtde as•a lobbying expend tuts"airy. or se' ans(5) "License,permit, other entitlement for umeall business,professional,trade expenditure incurnd in.attempting w influence any action of rhe legislative branch..or and lad use licenses and permits and all other entitlements for use,including all enUtL mems. executive branch of any governnnent by cornnttaucaaon wide attp.etirployer.nfi►ce r,member, for land use,aWcontracts(other than competitively bid,-labor,or personal employment or agency of the executive branch ofA f rhe federal state,pr local government or.arty other &ntracts);and all franchises and inciudes any proceedings affecting a ate,price,or premium' similar governing body...- .. thai a licensee,permittee,or person may charge. DISCLOSURE IN CAMPAIGN ADVERTISEMENTS (6),"Contribution"includes contributions to candidates and commiva=in federal;state,. � or local.ehctions. s added SEC.:9. Article 5(commencing with Section 84501)ito CLapta 4`of Tite 9 of (b),No officer of an agency shall accept,solicit,or direct a contribution of more dans two the Government Code to read haledred filly defines(Sr ,from any party,or his or her agent,or from any participant,or his Article 5.= Disclosure in Campaign Advertisements or her agent,while a proceeding involving a license,permit,or other entitlement for use a ` 84501. (a)"Advertisement"means any general or public advertisement which'.is Pig before the Y and for three months following the date a final decision is rendered authorized and paid for by a person or committee for the purpose of supporting or opposing in the proceeding if the officer knows or has reason to know that the participant has a one or more ballot measures or an independent cxpenditw supporting or opposing one or financial interest,as that term is used in Article 1(commencing with Section 87100)of -. moa candidates for off ice. Chapter 7.This prohibition shall apply regardless of whether the officer accepts,solicits,or fr (b) "Advertisement' does not include a communication om an organization to its directs the contribution for himself or herself,or on behalf of any other officer,or on behalf of members,electronic broadcasts of less than 15 seconds,or other small advertisements as MY cannulate for office or on behalf of any committee, 41 determined by regulations of the commission. (c) Prior to rendering any decision in a proceeding involving a license,permit or other (c) "Advertisement'.includes phone banks-where the caller is paid'but not where the entitlement for use pending before an agency,each officer of the agency who received,a caller is a volunteer,even if die phone charges are paid,by the comm tree:, _ contribution within the Preceding 12 months in an amount of more than two bandied My 's (d) "Cumulative contributions"means the cumulative contributions to a committee dolts OM one hundred dollars($100)from a party or from any participant shalldisclose m; beginning the first day the statement of organization is feted under Section 84101 and ending that fact on the record of the proceeding.No officer of an agency shall make,participate in within seven days of the time the advertisement is sent m the printer`broadcast station:or making,or in any way attempt to use his or her official position to influence the decision in a involving a license, pending agency, other person doing the advertising.. - -. PtB g permit,or other entitlement for use before the 84502. (a)Any advertisement as defined in Section 84501:shall include a disclosure if the officer has willfully or knowingly received a contribndon in an amount of more than a statement identifying any person,whose cumulative contributions are fifty thousand dollars twe bandied My demos($M two hundred dollars($200)within the preceding 12 months ($50,000)or more in•aistatewide campaign,.or twenty-five thousand dollars($25,000)•or from a party or his or her agent,or from any participant,or his or her agent if the officer more in nonstatewide campaigns no=un committee placing dhe:advertisenremt. knows or has reason to know that the participant has a financial interest in the decision,as (b) The disclosurefor individiuds shaU:ted"major funding by:(frame and`becupat onJr" that term is described with respect to public,officials in Article I(commencing with Section �r The disclosure for ewnindividuals shall.read,"major funding by:*4ante and business 87100):of Chapter 7 interest)."The commission shall issue regulations defining"occupation"and,,,"business, If an offices receives a contribution which would otherwise require disqualification air. interest,"including regulations regarding the omission of the business interest disclosure this section,mum the contribution within 30 days from the Uma be or she knows,,or should when the name df a nonindividiml fully describes the business interest. have known,about the contribution and the proceeding involving a license,permit,or other i-1 (c) If there are more than three donors of twenty-fivt thousand dollars($25,00D)or more, emidement for use,he or she shall be permitted to participate in the proceeding. the committee is only required-to disclose die highest secondhighest and third;highest in (d) A party to a proceeding before an agency involving a license,permit,or other that order.If more than three donors contHbure,tweruy fiOe thousand dollars($25;000)or entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred dloliars, more in equal amounts,,the committees required to,disclose=those contributors in f one hundred dollars($100)made chronological order. within the preceding 12 months by the or his or her agent,to any officer of the agearcy. (d) If the committee has received at least one quarter ofus crmmudative eontribuuons frnim No party,or his or her agent,to a p[o�g involving a license,Permit,or glia entitL outside the jurisdiction where the election is being heldihe disclosure shall state"major for use pending before any agency and no participant,or his or her agent,in the proceeding funding from out-of-suue-(ciq;county,or district etc:)contributors." shall-niib a contribution of mere dans me hamdted filly dt flora 0256)to any officer of that � 84503. (a)Any committee which supports or opposes ane of more baQot measures shaU agency daring the proceeding•and for three months following the date a final decision is name aced identify itself using a name or phrase that clearly,identlfes the economic or other rendered by the agency,in the proceeding.When a closed corporation is a party to,ou a special interest of its major donors"of twenty-five thousand doll=s($25,000)ormore marry participant in,a proceeding involving a license,permit,:or other entitlement for use pending reference to the committee required bylaw,including,but not limited to,its:;' of before:a,agency,the majority shamboldet is subject to the disclosure and prohibition 11 organization pursuant to Section 84101 requirements specified in subdivisions(b),-(e),and this subdivision (b) If the major donors of twenty-five thousand dollars($25,000)or mom share a common (e)-"-Nethhng in this section shall be construed to imply that any contribution subject to employer,the identity of the employer shall also be disclosed r being reported nada this title shall nor be so reported;In addition,nothing in this section (c)Any committee which supports or oppons'a holler measum-shallprint orbmadcast uigj shall be construed to authorize the marring or acceptance of any contribution in excess of any name as provided in this section aspart of any advertisement contribution limitation'set forth in this title.Any violation of the disclosure provisions-of (d) If candidates or their controlled committees,as'a group or individually meet tat` either subdivision(c)-or(d)cerates a rebuttable presumption that the action shall be void in contribution thresholds for a person they shall-*idetitilled'by the condidate°'s name - an action brought pursuant to Chapter 11,(commencing with.Section 91000): 84504. Any disclosure,statement required-by this article shall"be pratedWearly'aed SEC:'12 •Section 87107of the Government Code is amended to read: ` legibly and in a conspicuous mummer as defined bythii comnusnon;priimmentlygn the fearer 87102: Thetecimements of Section 87,100 are in addition to the regatirements of Articles page of any written advertisement(including outdoor°adveiiisements)`or if:tier; 2(commencing with Section 371M)and 3(commencing with Section 87300)and"any communication is broadcast or spoken,the information shag be.spoken'so as to be clearly Ctxttlict of Lrterest Code adopopd thereunhd Except ffi provided is Section 9}l8;<!,the The audible and understood by the`intended public.,The conunissuin"shall issue regulations to remedies,provided in Chapters 3•(commencing with Section 83100)and 11(commencing ensure that all disclosures mquired'by this"article shall starred aliine,;That is"?hey shall Not with Section 91000)shall not be applicable to elected state officers for violations or have any other words or materk&mized in'witlrthem. t _ threatened violations of this_arfide-Section 87100 only under the conditions set forth in Sections 87102.5,87I62:6,and 87102.8,as applicable: CONFLICT OF INTEREST SEC. 13.. Article 1(commencing-with,Section 89500)of Chapter 9.5 of Title 9 of the SEC. 10:, Section 831165 of the Government Code is:amended to read. Government is repealed 100 G96 SEC 14. Article 2(commencing with Section 89504)of Chapter'9.5 of Title 9 of the " appropriaterelief.many action to enforce us title,the court shall award to a pkuntiff who Govdmment Code is repealed prevails,hh or.her costs of litigation,including reasonable attorney's fees. The court may Si;C. 15. Article 3(commencing with Section-89506)of-Chapter 9.5 of Title 9.ofthe ,award to a:defendarit who prevails his or her costs of litigation,including reasonable 1 Government Code is repealed attorney's fees,only if the courtfinds on the record that the matter was frivolous,or brought DISPOSITION OF CAMPAIGN FUNDS in bad faith or for other improper purpose.'The provisions of Section 425.16 of the Code SEC. 16. The heading of Article 4(commencing with Section 89510)of Chapter 9.5 of of Civil'Procedu r•shall not apply to arty action fled pursuant to this section. Title 9 of the Government Code is amended to read: (b)-Upon a preliminary showing in an action brought b7 a person residing in the r j iehon pursuant to this section that a violation of Article 1 commencing with Section Article 4 2. :Campaign Funds 87100),Article 41(commencing with,Section 87400),orArti le 4.5(commencing with 1 SEC. 17. Section 89519 of the Government Code isrepealed. Section 87450)of Chapter 7 of*this title or of a disqualification provision of a Conflict of 095i? h3pon leaving any elected office;or st the end of the poseeleetiae reporlieE period Intere=st Code has occur ed,the-court may restrain the.execution of any official action in faHoamg the defeat of a eandl ee for electric°fficc al>a6evei ocems last eampatge fands relation to.which such a violation occurred,pending final adjudication.If it is ultimately I aised after h awy 3;f989;mider the control of the former catrdioiate on elve officer shall determined that a violation has occurred and that the official action might not otherwise have be considered serpins campaign fends and shad be dixiesed poi suaat!e aepter 4 been taken or approved,the court may sox the official action aside as void.The official actions (commencing with Section O+W and shall be nsed only for the fofl0°ingpmposes. - covered by this subsection subdivision include,but are not limited to orders,permits, (a)(-1)fat payment of ontse:mdrag campaign debts or cleetet officer's expenses' 10solintions and contracts,-but do not include the enactment of any state legislation. In (2)Far proposes of this sabdirision;the payment for,-or the leirribmsemeet to theftte of const the of a permanent relief under this subsection subdivision, the costs of insetdiing and monitoring an electronic secs ity system in the home or office;or �8 !'��B 1��Y beth;of a candidate or elected officer who has received threats to his or her physical asiety the court shall accord doe weight to any injury that may be suffered by innocent persons j. shall be deemed an outstanding campaign debtor elected officer's expense ptorided tat trc- relying on -'official action. i threats arise from his or her activities,datier,or sams as a candidate or elected officer and SEC. 21.. Section 91004 of the Government Code is amended to read: the the t1ieft have been to and entified by an enfore;ment agency' 91004. ilmf Unless spectficnlly provided otherwise in this title, any person who itef>fieation shall be detetmined solely by the law enforcement agency to which the threat was intentionally or negligently violates any of the reporting requirements of this to title shall be elected effrcet shat}report.tn3 fends liable in a civil action brought by the civil prosecutor or by a person residing registered voter sepm ted.4he candidate or made p to this section to the lox T1 nP to the commission shall include within the jurisdiction for an amount not more than three times the amount or value not the time dot the candidate or elected officer ihhfoteAigd the dam eeforeemeat agency of the properly reported 22 Soxa 91005 of the Government Code is amended to road threat;the name mid phone mmiber of the las eeforxment agens7 sad a brief description of dollars in fiats 91005. (a) rimy Unless specifically provided otherwise in this title,any person who the dueat:No more than five used; by a candidate or elected officer 1 to this makes er,receives,or fails to properly disclose or report a contribution gift,or expenditure maple pmsmm to this subdivision shall be made during the two years immediately foHewieg in violation of Section 043W,84394;86284;9621}3;or 86284 this title is liable in a civil the date 1 poo which the campaign fords became surphis campaign feeds,The a andidete or action brought by the civil prosecutor or by a person residing registered voter within the of Jurisdiction for an amount up to five hundred dollars($500)or three times the{amount of the the seo;mity system noldater t cheesed o�sham n later t tatehan two years surphis campaign fund aoxomt market valve following tlx.dax vpoe which the a unlawful contribution,gift or,expenditure,or failureto disclose or,teport,whichever is = .greater. campaign fends become surplas campaign fundi upon sale of the property oa which the (b) Any... `employee a public official specified in Section 87200;other dem an system is installed a prior to the closing of the surphm campaign fund account;colic heeer elected aateewho realizes an economic benefit as a result of a violation of Section Comes fast:The otieetioeie security system shall be the property of the campa 0 committee of the Cie or elected officer. 87100 or of a disqualification provision of a Conflict of Interest Code is liable in a civil action ran> y t eontribntiorzr brought by the civil prosecutor or by a person residing registered voter within the jurisdiction ti for an amount up in three times the value of the benefit. (e)Donations to any bona fide charitable,educational civic religions;or similar tax- SEC. 23. Section 910055 of the Government Code is amended to read: exempt nonpm 5t eigarm2tiom where no substantial part of the proceeds will have a material 365, freaneial tike.en the foray candidate or elected officer,ray member of his or her 91005.5. Any person who violates any provision of this title;except liable i a civil immediate�T.or his or her ticumtc 84367 and 0988+,for which no specific civil penalty is provided shall be liable in a civil (d)Eootribotioes to a pow ply or committee so long as the funds are no wed to action brought by the commission or the,district attorney,or a registered voter pursuant to maim contributions in support of or opposition tot candidate for elective office. subdivision(b)of Section 91001,of the elected city attorney pursuant to Section 91001.5,for (e)eontribatioes to support or oppose my eaedidate for federal office-,any candidate foran amount up to two thousand dollars($2,000),to be distributed pursuant to Section 91009. eleetire office in a state other than ealifemin or soy ballot mea rare.. No civil action alleging a violation of this title may be filed against a person pursuant to (f)The paymen for piolessional servicesreasomibly tegaited by the committee to Wrist this section if the criminal prosecutor is maintaining a criminal action against that person in the perfoirance of its administrative functions;inekding payment for attorney's fees for pursuant to Section 91000. litigation which arises directly art of a candidate's or elected officer's activities;defies-,or The provisions of this section shall be applicable only as to violations occurring after the staaa as a etnaidate or elected officer,' but not limited tri an action to effective date of this section. defamation defame of an action brought of of sax or leesl campaign disclosure, SEC. 24. Sections 91006 of the Government Cade is amended to read: of election laws;and an action arising from an elation oxnlest or neotmt 91006. Any person who aids and abets any person who violates any of the requirements SEC. 18. Section 89519 is added to the Government Coale,to read: of this title shall also be liable.under Sections 91004,91005,and 91005.5.If two or more :r 89519. Afar a candidate withdraws from or is defeated in an election for,or is elected to, persons are responsible for any violation,they shall.le jointly and severally liable.In <7 an office for which he or she has fled a statement of intention to be a'candidate for elective addition,for any violation of any campaign reporting, contribution, or expenditure once pursuant to Section 85200,Section 85313 shall govern the disposition of his or her requirement,the candidate shall also be.liable for the violation unless someone other than the campaign funds raised for that election.. candidate was.responsible for the violation and acted without the candidate's,treasurer's, and campaign manager's biowledge or consent,and acted wholly outside the scope of the ENFOItCEIv1ENT person's duties and authorization. SEC. 19. Section 91002 of the Government Cale is amended to read: SEC. 25. Section 91007 of the Government Code is amended to read: r 91002. (a)No person convicted of a misdemeanor under this title shall be a candidate 91007. .(a)Ally person,before filing a civil action pursuant to Sections Section 91004 fon any`elective office or act as a lobbyist for a period of four years following the date of the ad,91005,amt first or 91005.5,may also file with the civil prosecutor a written request for conviction unless the court it the time of sentencing specifically determines that this the civil prosecutor to commence the action.The request shall include a statement of the provision shall not be applicable.A_plea of nolo contendere shall be deemed a conviction for grounds fox believing a cause of action exisls:'Ibe civil prosecutor shall respond within forty purposes of this section Any person violating this section is guilty of a felony. 40 days after reoeipt of the request,indicating whether he intends to file a civil action.If the (b)Any person,having previously been convicted of a misdemeanor under this title and civil prosecutor indicates in the affirmative,and files suit within forty 40 days thereafter,the subject to Section 91002,may,iathe discretion of the criminal prosecutor,be charged for any action shall be consolidated with an action brought by the registered voter and no other subsequent violation with a misdemeanor or a felony action may be bi+oaght unless,the aeeion bravo by the civil proseentor is actions are .(c)Any person who.has previously been fined twice.under any,provision or provisions of dismissed withoutptejmbice as provided fm in Section 91008. . - this title shall immediauly,upon entry of a fora!judgment or.issuance of an order imposing o (b)�Any person:filing a complaint,cross-complaint ox,other initial pleading-in a civil fine to the third such action be removed from any Public office heldin the state pursuant to actions pursuant to,Sections 94003,91004,91005,or 91005.5 shall,within 10 days of filing Section 1770,have their name stricken f vm,the registration list maintained,under Article 1, the complaint;cross-complaint,or initial pleading,serve on the Fair Political Practices (commencing;with Section 86100)of Chapter.6,and dierieafter miry riot lie a gmtdidate for_ Commission a copy:of the.complaint;cross-complaint or initial:pleading or a notice any elective once or act as a'lobbyist lobbying firm or lobbyist e►nployti Containing all of the following: SEC. 20. Section 91003 of.the Government Code'is minded to read (1)The fill title and number of the case.' 91003. (a) person in tine j+ttrametien may sue for;mpmefire relief taeOoi ;(2) Ibe,czurt in-which tine case is pending Violations or to compel compliance with the provisions of this title-The court may in its (3) Tle.,name and address of the attoracy,for.the person filing the complaint, r discretion require any plaintiff other than the commisseoa to file a cwmplamt with the czoplahnt ee atlur mitral pleading >commissionprior to seeking mju wtive relief.The court may of mW eco a lAnti ff or defendant ,y(4)iA etatapcet5hat 4tie rase calsis isAw-under theFohhcal Reform Act who prevails his or her costs of litigation,hdelnohmg reasonable attorneys'* '(c)No Wit,oro >tt artier imttal pleaohng shall be dismissed for failure (a)Any.rcstdent registered to vote u►thc'Jttnsdtction may sue forinitaurtve rchejor a to; ly will vrsiop(bsltttmt, Mary order to enjoin vtoladons or to compel twmpliance w., the provisions :(d cii+U.atxton:pace filed wttitr XSe�wrt 910D4;9111D5 or 91W5.5,-may be dismissed of etre rule:71re niatur'shau be-'given prtorily on die corderi<.o ileriilar ami steal!be head ar wkhout leahiewof eourr:,tpon a shoivtng o�?bdkr rrjdee fullo►vm9. du eadeest possible dine with the;ptrpou abut arty actirinc�o�nduct m►sconducR or fml6ie to {1) The pfaut.A W determrnetl en gond fuel that the maner.is without substantial merit' act report disclose or,take arty t her actwri by tits title be remedied sa as not to m or u u oditrirtae notrin WWOW"interest to,eorltiniie the action and`that rhe plaintiff has any way piejtidice the`voters or,,,tht eltctiori�ourt may tit des ducrenon require any, nitther received nor agreed to any+payment.- -any consideration or any air or pnlain�tiff outer than,the comrmssron to file a yp ►vtth eoendad r►r his dr he►agent r dtan:paymrru n SRaa N! wlQy diVlSt till COeIrY of J•IN�SdtCriOtt r Ori rl�rite-.tSfltfrnCd � w y �'�' (hqt dec{trart forbearance by Pf,ousts litigation s y;a YhR and rnascmable `, c 3p,cs"k. l J Y x y' •5 'fYiF t5 77 •��f� .,�z ,�.zx"''..��nr+t�� '�'��`,�`�� t�X,�"�& �",,. j",.r�� - i';k`! ;� '2�P a § ' -' -„ �y�'-"t '`'' �r � ... _ c - s. xn,. °.t _�t S'i: r s� t F $ ,4t '` *'� ' str ry sem,te+•-telt y. a, . "h r r yk .a+ S .�$.,A �,r3 _ >t �4 ! 1 �f"i' t 2 'rL` - c s. ci ..; { •....n+..r ,�: F 4..;t, s/�� f ..-,y. fC ,l •J �' - 1 t t 4.. Y.-. -, r4r.,w.E' . an (2)'7he,partleJ hue dtttratfetd Ou oo *dM'-and etmer tato a sem¢of mme or al! fi $EG 29.. It seg ptpvidioa of t4 law,of d e'sppheaaoa of tit pNvtsl�ro any person- of the dispwed c(anas and.die cough°a�te6'lt }g.`dearraiaes that the sealen(ent it ir1-tial or cites-stall beheld'trvaitd;the t .oY this law Ott'tht extent that h rein-tie' ppblic inu►es�,Any Jcttfarteitt or cmnpmmue?P�rovad 6J erre swat slmll be dsenred m be a. ,� 'eflbet;6r the eppl.ic n'af.that pmytsicm to pa:ama'ai ar tatms�aoes cher than!base firdbt8 of violariat for purpose's ajJubdrvrnoe,(t)of Set tear 41002 sire!SecAfatti4100$ a ere oq wbrh it was held'fi veNd,shad oaf be Alicted thgteb} and to this`e ant thaprovisions SEC. 26. Section 91012 of the C,overlimew.Gode to atnmdad io read >�k; !r of this law sit-severable.ln'adebhan,if der"i peisdttorc l> mi of Saxiog 85401 afthea 91012.. The court-t*shall award w a plaintiff err defeputaee a6ii.liar as ageeey;who,: aCt ehaD not be in effect,�tht_oontnbagcn timt�of Ser 85301 85302,83303,.aod 85304 r I. vaila in an action audionzed tits title or her costa of i hn we pre y. by; las gaaoa; auhn8' Itmm m reasonable attomry's f t31t manna of amT partJ,a coact sitar}reggae a perste plrmhff to SEC 30;- Ttits law shalt tern "'effearve.Novernber 6,1996.In the event that this post a hoed in a tessoeaMu.atmaaet at-inY ata�e,of the to guataatee pa�meat eE roPaaure slid another treasure or ttteawtres ielatipig to tit.finance reform in this starve costs..Tit coon may award 10 a defeiidmtt other,;dwn at agemy who. pt any aelmn ; authorized by chis.ado his o>her oasis of hdgodon,+fig oil fns,on{y shall.appear ag_the aAabewni3e geaael':elogion banal November.s,I996,the Provisions of if the'rnwt finds.on dee►ecoie�that du matter waJ or bet ughi in`b ` err r t5ese`other u>xa ten shall be deemed to be is coaflrct whit this measutie;In the event that this► ,? some other improper puipos'e. The provisions' tSecttoit 423'16"of the Co Ch T, shall raecetve:a greater number of a>$rinative vanes,the provisions of this.moue Procedure shall not apply ta'mry sellar filed pursuant to`Secaavi 91004 91005 or 9I_q 5`,. shall:prevail'u.their.entireEy and the.provisioea of the other measure or measures shall be: SEC. 27.. Section 92015 of.tie.Gavanao c Code rs repealed ` _,.;. - nom' a void in their endrety In die eventthat the serer in==or measu es shall receive a % 5 The '.I of this.eliapter sltali not apph!to vtolaaona of S eetitie 9r?l�frll- Y . ° °exteaperinited� ire:vim,the provision of this measure shall tate effect m the MISCELLANEOUS PROVISIONS , -SM-317 It is the reuse of the people of California that camdidaliis for the United States SEC. 28: There is hereby appropriated annually from the General Fund lite wen of ttirea, Hiaitse of Representativesand tbe United States Senate seeking to represent the people m the cents($0.03)per individual of the voting age popaiaaon in the state,;m be ad)' to reflect' Congress of'the United States should comply with the contribution limits and expendttute. changes in the Cost of laving Index in Jandary of ewh even numbered year after thd> - !unit,prescribed herein for candidates for the State Senate and Governor,respectively.T1re: i%• pr celoperative Commmissioe for admfnis�term aadnditures�support this title thealbe'Pratschiae!ha Baaiii:: People,recognize that the limitations prescribed in this taw may not be mandated by the shall,as soon as possible after the end o the f 'yyeae�r in whiclBedions 17221 and . P�PIe for candidates for federal office However,it is the sease:of the people that these- shall. of the Revenue and Taxation Code have been in effect calculate the amount of the ��OOs are riccessasy to prevent corruption and die appearance thereof and to preserve the n increased tax revenues to the state as a result of these sections..From thi amount so "fairness ad integrity of the electoral process'm California efa The people,tbete,suggest that, calculated,the Controller shall;foreach fiscal'year,ttransfer to the commission,from the candidates•for federaloffice seeking to represent the people inti Congress of the United tl General Mind,the amount necessary to meet the appropriation to the commission set forth States comply voluntarily with the limitations prescribed besem until such time as comparable above.In any event,regardless of whether the increased revenue from�Sectiens 17221 atelimitations are adopted by the Congress of the United States or through a constitutional 4 24335 of the Revenue and Taxation Code is sufficient,the Le shall.provide the amendment appropriation to the commission set faith above.'T6 the extent the Legislature provides It is also the sense of the people of California that the broadcast licensees,as public budgetary support for local agencies for administration and enforcement of ibis title,the trustors,have a special'obligation to present voter information broadcasts.For the privilege of amount of increased tax revenues to the state as a exult of Section 86102 of the Government using scarce radio and television frequencies,the broadcasters are public trustees with an Code shall also be provided for this purpose.If any provision of this title is challenged obligation to provide at no cost and no profit time for candidates to appear and use the station; successfully in cant,any attorney's fees and costs awarded shell be paid from the General whether radio or television,for-the presentation of candidates'views for some brief period- Fund and shall not be assessed or otherwise,offset against the Fair Political Practices daring prime viewing or listening time in the 30-day period prior to an election.The people of Commissionbudget Any savings or revenues derived from this title shall be applied to the California recognize that the federal government hats jurisdiction for such a mandate,and Anti-Comtption Act of 1996 Enforcement Fund to pay costs related to the administration aid strongly urge the Congress of the United States to require the Federal Communications enforcement of the title,with the remainder to be placed in the General Fund for general Commission to enforce these requirements upon broadcasters as a condition of,holding a s? purposes. public broadcast license and fuilflling the broadcaster's public service obligation. yy' Proposition 213:Text Of Proposed Law in This initiative measure is submitted to the people in accordance with the provisions of (1) The irgured person was at the time of the accident operating dee vehicle in violation of ; Article II,Section 8 of the Constitution Section 23152 or 23153 of the Vehicle Code,and was convicted of that offense. This initiative measure adds sections to the Civil Code;therefore,new provisions proposed (2) The injured person was the owner of a vehicle involved in the accident and the vehicle- to be added are printed in italic type to indicate that they are new ems not insured as required by the financial responsibility laws of this state. LAW" (3) The injured person was the operator of a vehicle involved in the accident and the- PROPOSED t operator can not establish his or her financial responsibility as required by the financial' SECTION 1. Title responsibility laws of this state. This measure shall be known and may be cited as"The Personal Responsibility Act of (b) Except as provided in subdivision(c),an insurer shall not be liable,directly or 1996." indirectly, under a policy of liability or uninsured motorist insurance to indemnify for SECTION 2. Findings and Declaration of Purpose non-economic losses of a person injured as described in subdivision(a). `. (a) Insurance costs have skyrocketed for those Catifartuams who have taken responsibility_ (c)In the event a person described in paragraph(2)of subdfvision(a)was injured by a for their actions.Uninsured motorists,drunk drivers,and criminal,felons are law.breakers, motorist who at the time of the accident was operating his or her vehicle in violation of and should not be rewarded for thea irresponsibility and law briiiking.---However,under Section 23152 or 23153 of the Vehicle Code,and was convicted of chat offense,the injured current laws,uninsured motorists and drunk drivers are able to recover unseasonable damages person shall not be barred from recovering non-economic losses to compensate forpair from law-abidigg-citizens as a result of drank driving and other accidents,and criminals have suffering, inconvenience,,physical impairment,disfigurement,and other nonpecuniary =_ been able to r1cover damages from law-abiding citizens forinjuries suffered during the damages commission of their crimes. SECTION 4. Effective Date (b) Californians must change the system that rewards individuals who fail to take essential This act shall be effective immediately upon its adaption by the voters.Its provisions shall personal responsibility to prevent them from seeking unreasonable damages or from suing apply to all actions in which the in fiat trial has not commenced prior to January 1,1997. N law-abiding citizens. SECTION 5. Severability (c) Tberefore,the People of the State of California do hereby enact this treasure to restore If any provision of this measure,or application to any person or circumstances is held: balance to our justice system by limiting the right to sue,of criminals,drunk drivers,and invalid or void,such invalidity or voh shall not affect other provisions or applications uninsured motorists. that can be given effect'without the invalid or void provision or application,and to this end, SECTION 3. Civil Justice Reform all of the provisions of this measure are declared to be severable. Section 3333.3 is added to the Civil Code,to read: SECTION 6. Conflicting Measures- 3333.3. In any action for damages based on negligence,a person may no recover any In the event another measure to be voted on by the voters at the same election as this damages if the plaintiffs injuries were in any way proximately caused by the plaintiffs measure, and which constitutes a comprehensive regulatory scheme, receives more R commission of any felony,or immediate flight therefrom,and the plaintiff has been duly affirmative votes than this measure;the electors intend that any provision or provisions of this convicted of that felony. measure not in direct and apparent conflict with any provision or provisions of that other Section 3333.4 is added to the Civil Cade,to read: messurershall not be deemed to be in conflict thaewith,and shall be severed'from any other A 3333.4. (a) Except as provided in subdivision(c),in any action to recover damages' provision or provisions of this measure that are in direct and apparent conflict with the arising out of the operation or useof a motor vehicle; a person shall not recover provision or provisions of the other treasure.In that event,the provision or provision's not non-economic losses to compensate for pain,suffering,.inconvenience,physical impairment, deemed in conflict shall be severed according to Sermon 5 of this measure upon application to disfigurement,and other nonpecuniary damages if any of the following applies:° any court of competent jurisdiction. Proposition 214:Text of Proposed.Law, This initiative measure is submitted to the people in accordance'with'the provisions of of the Health and Safety Code,to read Article 11,Section 8 of the Constitution CHAP=2.Z3. Tim Hareart CA&PAnw Pwnicron AcT or'1996 This initiative measure adds sections to the Health and Safety Code;therefore;new Article L Purpose and lenient` provisions proposed to be added are printed in alalic type to indicate that they ate new. PROPOSED LAW._ 1399.900 (a) This chapter shall be known as the"Health Can Patient'Protection Aa of 199 6"The people of California Jand and declare all of the following; SECTION L Chapter 2.25(commencing with Sodion,1399.900)is added to Division 2 (1)No health maintenance organization(HMO)or other health can bushmss should be 102 G96` OFFICE OF THE COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building 651 Pine Street, 11th Floor Martinez, CA 94553 DATE: October 9, 1996 TO: Members, Board of Supervisors FROM: Claude L. Van Mart ssistant County Administrator SUBJECT: PROPOSITIONS 20 AND 212 Attached in an effort to assist you in reaching a position on Propositions 208 and 212 are the following documents: 1. A copy of an Editorial from the Contra Costa Times dated October 9, 1996, which we understand is consistent with the position being recommended by Supervisor Bishop. 2. A copy of an article from the San Francisco Chronicle dated October 7, 1996, which compares the two propositions. 3. A copy of the material from the voters' handbook on Proposition 208. 4. A copy of the material from the voters' handbook on Proposition 212. CLVM:amb Van10-19-96 Attachment 14A—The Times C Wednesday, October 9, 1996 EDiToR iA s H11:1:11111012:11:1: RZ ........... ............ ..........01, 09090M Prop, 208 - yes, 212 - no Competing measures Prop. 208 is supported by the League of Women Voters of California shoui&'t confuse voters and-a host of others committed to sen- sible campaign finance reform. Treform initiatives are on the Nov Supporters say that if passed, Prop. 5 ballot.,At first glance, both ap- 208 would reduce spending in legisla- pear to help a system that many view as tive races by about 40 percent and cut corrupt and unfair. But voters beware. spending-in the governors race by 9careful read of Propositions 208 and nearly 60 percent. . � 212 reveals that one offers some-valid So, what's wrong with Prop. 212. reforms while the other is clearly un- Although it sounds tough, it has constitutional. two major problems. The first is that parts of it have already been proven The Times recommends a yes vote unconstitutional. Backers drafted the on Prop. 208 and a no vote on Prop. measure fully aware of this. Their in- 212. tent is to put the issue back in the Prop. 208 presents some.modest re- courts with a chance of a different forms that are a step in getting big outcome. Yet in the meantime, there money and.special-interest influences would be no reform on the books. And out of elections. For example, it limits in the end, the court will conclude that campaign.contributions by an individ- provisions, such as a ban on out-of- ual to $250 for legislative offices and district contributions, are still uncon- $500 for statewide.offices. stitutional. In addition, Prop. 212 lifts r "The,initiative puts.a voluntary the ban on gifts and honoraria that $100,000 limit on primary'spending California voters imposed in 1990. or Assembly races and $200,000 in Voters might be inclined to vote yes the general election. Senate races are on both on the notion that it would limited to $200,000 and $400,000 re- double the chances of reform. But $pectively. It bans,contributions from that's not the case. If both passed, lobbyists and limits group contribu- Prop. 212's repeal of ethics laws still dons to $25,000 per two-year election survives, while other parts of the law cycle. For example, the California undergo a court challenge. That Medical Association, which con- means'the state would have less re- fributed $1.8 million to campaigns in form on the books than it does now. f993-94; would be limited to $25,000. The best course to ensure that mod- It also offers financial incentives for est reforms occur;that voter-approved landidates to abide by the voluntary ethics laws remaand that reform does imits. in And it bans candidate-to-candi- not remain tied up in court is to vote date transfers, among other reforms. yes on Prop. 208 and no on Prop. 212. 0c,4WerS, _ rlr�rr 1� e- B a ke r s Bia co:ke r 0 Over %',0arn&%avm0n F 9,M Reform Measures Sponsors of Props. 208, 212 ordinarily on the same side By Robert B. Gunnison Chronicle Sacramento Bureau Sacramento Campaign spending reformers who traditionally portray them- selves as wearing the political white hats are spending their au- tumn slinging mud at each other, like the ruffian politicians they profess to disdain. What has these usual allies lob- bing insults are Propositions 208 and 212, complex rival campaign spending limit measures on the November 5EVECTi�N* ballot that would change California elec- tion laws in ways already declared unconstitutional by the U.S.Supreme Court. If either or both measures are approved by voters,. court chal-; lenges are a certainty. "When.you drain the swamp,the alligators get angry,"said Tony Miller,chairman of'the Proposition 208 campaign. The biggest legal target will be Proposition 212, the work of Cali- fornia Public Interest Research Group, which defiantly urges the high court to overturn a landmark 1976 ruling.That decision declared that limits on campaign expendi- tures unconstitutionally restrict political speech. "The people's experience with the electoral process is otherwise," the proposition states. "In Califor- nia elections, unlimited spending has not increased the reach of issu- es to more voters. Instead, money has drowned.and distorted politi- SPENDING: PageAACol.1 SPENDING PROPOSITIONS 208 AND 212 From Page A13 Here is a look atmoior differences between current lows governing political campaigns and Propositions 208 and 272. cal discourse." If money is the mothers milk I „ p� Iifstfrbr�tivns�ta n€ditia a � a p of politics, California is a gushing. NeQ' '••• '- of of political Cash. ® Current law:No limits on contributions to candidates for state offices in primary and general elections.More than 65 local governments in Califor- In 1994,nearly$200 million was nia have imposed limits ranging from$100 to$1,000 for individual contri- contributed to candidates for state j butions. offices. Governor Pete Wilson ® proposition 208:Contributions would be limited to$500 for statewide spent $19.6 million on his re-elec- races,like governor and attorney general,$250 for races in jurisdictions tion that year and his Democratic with more than 100,000 residents and$100 in smaller locales.The limits challenger,Kathleen Brown,spent would double in each case if the candidate agreed to limit spending. $12.3 million. ® Proposition 212:For statewide races,the limit would be$200;for leg- Both propositions would im- islative and local races,.$100. pose a long list of controls on cam- ® Comments:In 1992,voters approved Propositions 68 and 73,both.of paign spending — barring trans- which limited campaign contributions.Proposition 73 won more votes,and fers from one politician to anoth- took effect,but its contribution limits were set aside by a federal judge. er, limiting loans that candidates can make to their and campaigns restricting fund raising in nonelec- ��"��• tion years. N Current law:No limits. But at the heart of the mea- N Proposition 208:Candidates could agree to limit spending,which sures and at the heart of their dif- would allow the size of individual contributions to their campaigns to dou- ferences is the effort to limit con- ' ble.The voluntary limit for candidates for governor would be$6 million in tributions and expenditures. the primary,and another$8 million in the general election.State Senate In the boldest attempt to close candidates could spend$300,000 in a primary,and another$400,000 in the money spigot — and dare a a general.Assembly candidates would be allowed half those amounts. court challenge—Proposition 212 ® Proposition 212:Mandatory limits would be placed on election spend- would forbid a candidate for gov- ing.For candidates for governor,the limit would be$2 million in a prima- ernor from spending more than$2 ry,and another$5 million in a general.State Senate candidates could million on a primary and another spend no more than$115,000 in a primary,and an extra$235,000 in a $5 million on a general election. general.Assembly candidates would be limited to$75,000 and$150,000 Other offices would have lower respectively. limits. ■ Comments:In 1976,the U.S.Supreme Court declared that mandatory "A lot of people feel the court campaign spending limits were an unconstitutional abridgement of politi- opinion should be challenged,"- cal speech.Proposition 212 directly challenges that decision,although the said Doug Phelps of the Yes on 212 measure contains a voluntary limit if the mandatory provision is struck Campaign. "It really is the only down. way." �, ilati�id�rara dttd.> ubrtii cr«�+i `q� .:: Proposition 208,written largely � �� .. ; by California Common Cause, 0 Current law:State and local officials and candidates and certain em- takes another approach that is also. ployees may not receive honoraria.With limited exceptions,public off i- certain to provoke legal attack. cials may not receive a gift from a single source valued at more than$280 in a calendar year. • In return for inducements like higher contribution limits and a ® proposition 208:Retains current law. free campaign statement in the ® Proposition 212:Repeals the honoraria and gift ban. voters' pamphlet, candidates N Comments:Backers of Proposition 212 insist repeating the ban is a de- would agree to spending limits. liberate tactic to force the Legislature to impose an even stricter prohibition For governor,the figure would be in the future.The measure's opponents insist it was a mistake Proposition no more than$6 million in a prima. 212 forces will not admit. ry and$8 million in a general elec. tion. Candidates who adopt volun• simple-minded television spots,for But a federal judge overturned the tary spending limits could exceed example, political campaigns measure, saying its fiscal year- them if a well-financed opponent world have to rely more on report- based contribution limits+unconsti- or independent expenditure com- ers and on events directed by non- tutionally favored incumbents. mittee did not abide by the same .partisan groups,like television de- A few elements of Proposition rules. bates, and political argument 73 still exist, including limits on. Politicians like floss Perot have might become less negative and contributions in special elections made campaign reform a popular more constructive." and restrictions on how much pro- cause among voters,but the expe- An opposing view is offered by motional mail public officials can rience of the supporters of-Propo- the Citizens'Research Foundation send voters. sitions 208 and 212 demonstrates of the University of Southern Cali- Proposition 68, which like the,difficulty of writing a law that forma,which states,"The reality is Proposition 208 was sponsored by courts will find constitutional. that lower contribution limits do California Common Cause, affect- "The power of money in our nothing to decrease campaigns' ed only legislative races. It never politics,long a scandal,has now be- need for money; campaigns need took effect, even after most of come a disaster,"Ronald Dworkin, money to communicate with vot- Proposition 73 was erased,because a prominent New York University ers, and, by making it harder and the California Supreme Court law professor wrote recently while more expensive to raise funds, ruled that if any part of 73 stayed urging a challenge to the 1976 Su- lower contribution limits would in- alive, all of Proposition 68 was preme Court decision called Buck- crease the extent to which candi- blocked. ley vs.Valeo. dates would be engaged in fund- This year, the backers of each "Money is not only the biggest raising." measure are not taking any chanc- problem,but in good part the root Californians already have vot- es.They have written their propo- of other problems as well,"Dwor- ed to limit campaign contribu- sitions so each can take effect, at kin wrote in The New York Re- tions.In 1990,they approved Prop- least in part,if they both pass,but view of Books. "If politicians had ositions 68 and 73. Proposition 73 the courts throw out one or more much less to spend on aggressive won more votes and became law. elements. 111 (208 Cam ai n Contributions and Spending Limits. P g P g Restricts Lobbyists. Initiative Statute. " Official Title and Summary Prepared by the Attorney General CAMPAIGN CONTRIBUTIONS AND'SPENDING LIMITS. RESTRICTS LOBBYISTS. INITIATIVE STATUTE. • Limits a contributor's campaign contributions per candidate to $100 for districts of less than 100,000, $250 for larger districts, and $500 for statewide elections. Committees .of small contributors can contribute twice the limit. Contribution limits approximately double for candidates who agree to limit spending. Limits total contributions from political parties, businesses, unions and others. Prohibits.transfers between candidates. • Limits fundraising to specified time before election. •. Prohibits lobbyists from making and arranging contributions to those they influence. Requires disclosure of top contributors on ballot measure advertising. • increasespenalties under Political.ReformAct: Summary of LegislativeAnalyst's Estimate of Net State and Local Government Fiscal Impact: . • Adoption of this measure would result in costs to state and local governments for implementation and enforcement of new campaign finance limitations in the range of up to$4 million annually. The measure would result in unknown, but probably not significant, additional state and local election costs. Analysis by the Legislative Analyst BACKGROUND an individual or group can make to a candidate for Campaign Contribution and Spending Limits. state and local elective office and prohibits lobbyists Federal,law,limits the amount of money.individuals and from making contributions.. groups can contribute to a candidate and to the Establishes voluntary campaign spending limits. candidate's campaign committee for federal elective • Limits when campaign fund-raising may occur. office. State law generally does not impose'similar limits Establishes penalties for violations of the measure on state and local .campaigns. However, some local and increases penalties for existing campaign law governments in California have established such limits violations. for local elective offices. In addition,current state law contains no limits on the Limits on Campaign Contributions amounts of personal loans or personal funds candidates Limits'on Contributions to a Single Candidate. can use for their own elections: Also, there are no. The measure establishes.limits on the amount of political aggregate limits on what individuals and groups can campaign contributions that an individual, group contribute to all candidates for state and local elective (including a business, labor organization, or political offices. Furthermore, there'are no prohibitions 'on action. committee); or political party may make to a lobbyists making, transmitting, or:arranging campaign candidate for statewide office(such as the Governor),the contributions.Finally,there are no limits on the'amounts state Legislature, and local elective office. Figure 1 of money candidates, their campaign committees,,or summarizes these,limits. As discussed later, these other groups in support of the candidate, can spend in contribution limits"approximately double if a candidate any election. agrees to specified campaign spending limits. This Reporting Requirements. Both'state and federal measure prohibits the transfer of campaign funds from law require candidates for elective office to _report one candidate to another. This measure does not set contributions they receive and spend for their campaigns. limits for any candidates for federal office. In addition, state law requires that lobbyists register Limits on Contributions to All Candidates. The with the Secretary of State's office. measure restricts the total amount an individual, Court Review. The specific provisions of this business, labor organization, or political action measure have not been reviewed by either state or committee, can contribute to all candidates to no more federal courts. In California and other states, a few than$25,000 in any two-year period. Contributions from provisions similar to those contained in this measure political parties are limited to no more than 25 percent of have been challenged in court and have been invalidated. the voluntary spending limit for the office. PROPOSAL Other Limits. The measure limits the total amount of loans a candidate may make to his or her campaign. This measure makes a number of changes to current These limits are $5.0,000 for candidates for Governor and state law regarding campaign contributions and $20,000 for all other,candidates. Officeholders and spending. Specifically, the measure: candidates are prohibited from soliciting or receiving • Limits.the amount.of campaign contributions that contributions from, or arranged by, lobbyists. 26 G96 Proposition 208 Proposition 208 Campaign Contribution Limits' Voluntary Campaign Spending Limits 777 nr z t' �� av e�t C)fficeb State Assembly: $ 150,000 $ 200,000 State Senate 300,000 400,000 Individual $250 $500 Statewide office 1,500,000 2,000,000 Business, labor $250 $500 (other than Governor)8 organization, and Governor6,000,000 8,000,000 political action Such as Lieutenant Governor,Attorney General,and State Treasurer. committee Political party No more than No more than statement in the ballot pamphlet, but would have to 25 percent of 25 percent of pay the costs of printing, handling, and mailing the voluntary voluntary statement. spending-limits spending limits ,for each office. for each office. Restrictions on When Contributions "Small Contributor $500 $1,000 May Be Accepted Committee""° . This measure places restrictions on when campaign Lobbyist Prohibited . Prohibited contributions may be accepted. For any elective office ' Transfer from Prohibited Prohibited that. serves fewer than one million residents,. no other candidate candidate or campaign committee may .accept a Assumes candidate does not accept campaign spending limits.If spending contributions more than six months before any primary, limits are accepted,then contribution limits approximately double,except or special primary election. For larger• districts and for contributions from political parties. statewide offices, candidates and their committees are These limits are for districts with 100,000'or more residents.Districts with Prohibited from accepting contributions more than 12 fewer than 100,000 residents have lower contribution limits. months prior to any primary or special primary election. Defined by the measure as a committee with 100 or more members,none of Fund-raising for all candidates"must'end 90 days after whom contribute more than$50 to the committee in a calendar year,and is the date of the election or the date of their withdrawal not controlled by any candidate. from the election. Voluntary Campaign Spending Limits Other Provisions . Penalties and Enforcement. This measure The measure establishes voluntary campaign spending increases penalties for violations of campaign law. limits for state offices,. as shown in Figure 2. Local . Enforcement of the measure's provisions can either be governments would be allowed to set spending limits,but: through governmental agencies, such as the state Fair the limits cannot be anymore than$1 per resident.. Political Practices Commission (FPPC), a county district The measure requires that before accepting campaign attorney, or a city attorney. In addition, any person who contributions; a candidate must file a statement resides in the candidate's jurisdiction would be allowed to declaring whether he or she agrees to accept spending sue a candidate who violates the reporting provisions of limits. the measure. Higher Contribution Limits and Access to Ballot ' Disclosure of Major Donors. .The measure requires Pamphlets. Candidates:who' accept the voluntary that campaign advertisements for or against ballot spending limits are allowed to receive double the measures, disclose the "name of donors "making contribution limits shown in Figure 1. For example, a , contributions above specified levels. candidate for the state Legislature who agrees.to accept the voluntary spending limits could.receive a campaign FISCAL EFFECT contribution of $500 from an individual, while a candidate who does not accept the voluntary spending This measure would result in additional costs to the limits would be limited "to a contribution of $250. state and local governments. Based on information Contribution limits from,political parties,however,would provided by the FPPC and the Secretary of State, we not change. estimate that the costs for implementation and In addition to .being allowed to receive .higher enforcement would'be up to $4 million annually. The contribution amounts, candidates who accept the measure includes an annual General Fund appropriation voluntary spending limits would be so identified on the of$500,000 to the FPPC to partially offset these costs. ballot and in ballot pamphlets. These candidates also' In addition, the measure would result in additional would be entitled to place a statement free-of-charge in state and local election costs to provide additional the applicable state or local ballot pamphlet. Candidates information on candidates in voter pamphlets. These who do not accept the spending limits may also place a costs are unknown,but areprobably not significant." i 'For text of Proposition 208 see page 89 G96 27 Campaign Contributions and Spending Limits. 208 Restricts Lobbyists. Initiative Statute. Argument in Favor of Proposition 208 Had enough of SPECIAL INTERESTS and their high-priced Prop.208 is sponsored by: LOBBYISTS BUYING POLITICAL INFLUENCE with CAMPAIGN League of Women Voters of California CONTRIBUTIONS? American Association of Retired Persons(AARP)--California California is one of the few states in the country with ABSOLUTELY Common Cause . NO LIMITS.on what special interests can contribute to political United We Stand America candidates in regular state elections! These citizen groups put Prop.208 on the ballot and urge you to vote During the last election season,candidates for state office received a YES. staggering.$196 million in campaign contributions!The top ten special Prop.208 will make politicians accountable to the people rather than interest contributors alone gave$9 million. to big campaign contributors. One candidate for the Legislature received$125,000 from a tobacco That's why its supported by groups across the political spectrum, company one week before the election.He won by a mere 597 votes.Big forming the broadest coalition ever assembled to clean up government. money made the difference. WHEN BIG-MONEYED SPECIAL INTERESTS WIN,THE PEOPLE .Endorsers include: LOSE: ' American Lung Association of California as consumers,we pay more for,goods,and services; ' Congress of California Seniors • our publichealth and safety are sacrificed; Consumers for Auto Reliability&Safety • we end up paying for the special interest.tax loopholes campaign Howard Jarvis Taxpayers Association contributions buy. • Planning&Conservation League Enough is enough. It's time to.end the domination of the political • National Council of Jewish Women . process by big money. . • Seniors for Action IT'S TIME TO TAKE BACK OUR GOVERNMENT. That's what United Anglers Proposition 208 will do. PROPOSITION 208 IS THE ONLY GENUINE CAMPAIGN Prop.208 is a carefully written;comprehensive package designed to REFORM MEASURE ON THE BALLOT. fix the political process.It is a practical,workable solution to rampant Please join with the League of Women Voters,American Association special interest influence. of Retired Persons(AARP)—California, Common Cause,United We Prop:208 reforms apply to all levels of government,from City Hall to Stand America,and all of us who want real political reform. the Governor's office.Here's what it does: LET'S MAKE THE POLITICIANS RESPONSIVE TO US, NOT BIG • STOPS lobbyists making or arranging campaign contributions, CAMPAIGN CONTRIBUTORS. • LIMITS campaign contributions, Please Vote Yes on Proposition 208. • SLASHES campaign spending, • BANS non-election year fundraising, TONY MILLER BANS campaign cash transfers between politicians, Executive Director,Californians for Political Reform, REQUIRES full disclosure of those who pay for initiative ads,. A Committee Sponsored by League of Women Voters • INCREASES penalties for violating campaign laws. of California,American Association of Retired PROPOSITION 208.WILL GIVE CALIFORNIA THE TOUGHEST Persons—California(AARP),Common Cause.and: CAMPAIGN FINANCE LAW IN THE NATION! United We Stand America We need reform NOW! That's exactly,what Prop.208 will deliver.It was carefully written to FRAN PACKARD meet the Constitutional test so that the courts will enforce it when it President,League of Women Voters of California passes. JEAN CARPENTER Your.YES vote on Prop. 208 will help CLEAN UP POLITICS and Co-Chair Political Reform Task Force of the American insure that our elected officials;serve the public's interest rather than Association of Retired Persons--California(AARP), thespecial interests. Rebuttal to Argument in Favor of Proposition 208 The statement for 208 doesn't provide many'specifics on what it will 208 IS.SOFT ON LOBBYISTS do.That's because it'doesn't really do,much. 208 permits corporations to take tax deductions for lobbying.212 We don't need cosmetic improvements.We need a complete overhaul bans this tax break: of the current system'where special interests can control what's going 208 IS SOFT ON CAMPAIGN SPENDING .via bigmone and campaign 208's limits are only voluntary. on y, p gn contributions. 208 COSTS TAXPAYERS MONEY Before you vote,please carefully read Props. 208 and 212,and the According to the official Fiscal Analysis in this Ballot Pamphlet,208 nonpartisan summaries in this booklet.Proposition 208 doesn't deliver costs$4 million annually.Proposition 212 saves$2 million. real,tough reform of politics. Only.212 cracks down hard on special , YES ON 212,NOT 208 interests and self-interested.politicians. 208's well-intentioned but weak approach—small reforms,voluntary Compare the facts: compliance,too many loopholes—won't work. 208 IS SOFT ON SPECIAL INTERESTS Please Vote Yes on 212:Tough,mandatory,no loopholes. 208 permits politicians to take$500 and$1,000 contributions from ED MASCHI E PACs and wealthy individuals.Proposition 212 sets limits five times Executive Director,CALPIRG,California Public tougher—$100 and$200. Interest Research Group 208 permits politicians to take any and all their money from outside . YVONNE VASQUEZ their own district.Proposition 212 sets a tough limit--25%maximum. Association of Community Organizations for 208 permits corporation and union contributions. Proposition 212 Reform Now,Board Member bans them. FERNANDO IGREJAS A 208 loophole permits political parties to funnel hundreds of Californians Against Political Corruption, thousands of,dollars to a candidate. Outreach Director 28 Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency. G96 Campaign Contributions and Spending Limits• c� Q Restricts Lobbyists. Initiative Statute. 28 Argument Against Proposition 208 Don't Waste Your Vote on 208.Vote Yes on Proposition 212. 208 HAS A MASSIVE LOOPHOLE 208 is a well-intentioned but compromised proposal for reforming 208 allows the Democratic,Republican,and other parties to accept California's corrupted politics. contributions of$5,000 from corporations, unions, PACs, and rich Its sponsors have sought for.25 years to reform campaign financing in individuals. In turn, the parties can contribute up to $1,050,000 to California,yet we still have no limits.Unfortunately,intimidated by a Assembly candidates, $2,100,000 to Senate candidates, and few judges,they have now chosen to retreat from the big problems and $28,000,000 to candidates for Governor.This allows special interests to offer small solutions. get around contribution limits entirely,defeating the whole purpose of The result?Provisions that do little more than: campaign reform. • replicate ineffectual federal campaign finance laws which have Prop. 212 limits contributions from parties to candidates to$100 left Congress awash in special interest money; ($200 for Governor and other statewide offices). • expand the set of people dominating California politics from the 208 LEGISLATES AN ADVANTAGE FOR MONEYED INTERESTS super rich to the simply rich, continuing to leave out average citizens; 208 actually takes one giant step backwards. It encourages grant extraordinary power to political parties funded by large candidates to accept voluntary spending limits by offering a bizarre corporate contributions. incentive: allowing candidates to double the size of checks they can Fortunately, there is an alternative, tough measure on the accept from wealthy corporations and individuals. 4 ballot—Prop.212. This gives an unfair advantage to candidates able to attract$1,000 208 FAILS TO REALLY LIMIT CAMPAIGN CONTRIBUTIONS contributions from Sacramento insiders and special interests seeking '. 208 sets no limits on out-of-district contributions;;now 80%of the influence.It punishes grassroots candidates trying to raise money from campaign money flowing to California legislators. Prop. 212 limits friends, co-workers, and neighbors. How many of your friends and outsiders'money to no more than 25%of a candidate's total funds. neighbors give,$1,000 to a candidate? Real reform should level the 208 allows state legislators to accept $500,"and candidates for playing field.208 doesn't. Governor $1,000, from wealthy contributors. Prop..212 limits Good intentions aren't good enough.We need tough reform. contributions to$100 for state legislators and$200 for statewide races. DON'T WASTE YOUR VOTE ON 208. VOTE YES FOR 208 fails to ban corporate and union contributions,which even the PROPOSITION.212. notoriously weak federal campaign laws ban.208 allows them to give AMY SCHUR $500,•$11000, and$5,000 contributions. Prop. 212 bans their money California Director,Association of Community completely,as does federal law. Organizations for Reform Now 208 PROPOSES SPENDING LIMITS WHICH ARE MERELY VOLUNTARY,AND TOO HIGH DR.CAROL EDWARDS 208 sets voluntary spendinglimits of$14,000,000 for Governor, Reverend $700,000 for State Senate, and$350,000 for Assembly races.These RICHARD SOLOMON amounts double or triple under various circumstances.It's a stretch to Professor of Law and Legal Ethics call these limits. If 208 had been in effect in 1994, only 6 of 200 legislative candidates would have raised that much money! Rebuttal to Argument Against Proposition 208 "The American Lung Association urges a YES vote on PROPOSITION banks and unions, would be strictly limited to the same levels as 208.Prop.208 is the ONLY measure 6n the ballot that will stop the flood individual contributors. of tobacco money pouring into the campaign warchests of our elected • .GETTING BIG MONEY OUT officials. Without restrictions,special+interests run rampant,contributing as American Lung Association much as.$1 million to a single candidate in a single race!:Prop.208 will- PRACTICAL,EFFECTIVE ENFORCEABLE cut the top ten's special-interest contributions by over 90%. Prop. 208 provides a comprehensive solution to•corrupting • PUBLIC ACCOUNTABILITY special-interest influence in California, Sponsored by the League of Proposition 208's sole purpose is to make politicians accountable to Women Voters,AARP,Common Cause and UWSA, it was carefully the voters,not big campaign contributors. written so that it will be UPHELD by the Courts and give California Please vote YES ON PROPOSITION 208, the ONLY measure that the nation's best campaign reform law. will bring genuine campaign reform and get big money out of politics.., • SOLUTIONS,NOT RHETORIC Opponents of Prop.208 prefer meaningless unconstitutional gestures FRAN PACKARD President,League.of Women voters of California that will never go into effect.Voters are fed up with just"sending a message."We want REAL SOLUTIONS that actually get the job done, ROBERT HOLUB not empty political rhetoric. Co-Chair,'Political Reform Task Force.of the American • EVEN-HANDED REFORM Association of Retired Persons--California(AARP) Prop.208 is an even=handed reform package which favors no interest RUTH HOLTON groups.Under Prop.208,contributions to candidates from corporations, Executive Director,California Common Cause G96 Arguments printed on this page are the opinions of the authors and have not been checked for accuracy'by any official agency. 29 appears to violate subdivision(b)and directing an attorney,law firm,or party to show cause 6148 shall be entitled to payment at the agreed-upon rate for reasonable services rendered why it has not violated subdivision(b),unless,within 30 days of service of the order to show and expenses advanced or incurred during the course of the representation to the time of cause,the challenged paper,claim,defense,contention,allegation,or denial is withdrawn or discharge.Attorneys who have contracted for a flat fee or any other method of compensation appropriately corrected. not subject to Section 6146 or 6147 shall be entitled to any unreimbursed expenses advanced (d) A sanction imposed for violation of subdivision (b) shall be limited to what is or incurred and the reasonable value of their services to the time of discharge. sufficient to deter repetition of this conduct or comparable conduct by others similarly (d) Nothing in this section shall limit or otherwise affect any law in effect on January 1, situated.Subject to the limitations in paragraphs(1)and(2),the sanction may consist of,or 1995,with regard to attorney's fees,or impair the inherent authority of the courts to regulate include,directives of a nonmonetary nature,an order to pay a penalty into court,or,if the practice of law or to prohibit illegal or unconscionable fees,or the authority of a court in imposed on motion and warranted for effective deterrence,an order directing payment to the a particular case to find that a fee is excessive pursuant to Section 6146.1. movant of some or all of the reasonable attorney's fees and other expenses incurred as a direct SECTION 5. RELIEF FROM EXCESSIVE ATTORNEYS'FEES result of the violation. (1) Monetary sanctions may not be awarded against a represented party for a violation of Section 6146.1 is added to the Business and Professions Code,to read: paragraph(2)of subdivision(b). 6146.1. (a) No attorney shall enter into an agreement far,charge,or collect an excessive (2) Monetary sanctions may not be awarded on the court's motion unless the court issues fee• its order to show cause before a voluntary dismissal or settlement of the claims made by or (b) in addition to any other remedies at law, a client may bring an action against an against the party that is,or whose attorneys are,to be sanctioned. attorney to seek declaratory relief that a fee agreement or a portion of the fee required by that (e) When imposing sanctions,the court shall describe the conduct determined to constitute agreement is excessive, or to recover that portion of a fee collected or withheld that is a violation of this section and explain the basis for the sanction imposed. excessive. (f) In addition to any award pursuant to this section for conduct described in subdivision (c) In addition to any other remedies at law,in an action brought by an attorney against a (b),the court may assess punitive damages against the plaintiff upon a determination by the client for breach of a fee agreement, the client may file a cross-complaint or assert an court that the plaintiffs action was an action maintained by a person convicted of a felony affirmative defense alleging that the fee agreement or a portion of the fee required by that against the person's victim,or the victim's heirs,relatives,estate,or personal representative, agreement is excessive. for injuries arising from the acts for which the person was convicted of a felony,and that the (d) For purposes of the act adding this section,an excessive fee is defined as one that is plaintiff is guilty of fraud,oppression,or malice in maintaining the action. unconscionable.In determining whether a fee or a fee agreement is unconscionable,the court (g) This section shall not apply to disclosures and discovery requests, responses, shall consider the following factors,in light of all the facts and circumstances: objections,and motions. (1) The amount of the fee in proportion to the value of the services performed. (h) A motion for sanctions brought by a party or a party's attorney primarily for an (2) The relative sophistication of the attorney and the client. improper purpose,such as to harass or to cause unnecessary delay or needless increase in the (3) The novelty and difficulty of the questions involved and the skill requisite to perform cost of litigation,shall itself be subject to a motion for sanctions.It is the intent of the the legal service properly. Legislature that courts a court shall vigorously use its sanctions authority to deter such (4) The fact or likelihood that the acceptance of the particular employment would or did improper conduct or comparable conduct by others similarly situated. preclude other employment by the attorney. (i) This section shall apply to a complaint or petition filed on or after January 1,1995,and (5) The amount involved and the results obtained. any other pleading,written notice of motion,or other similar paper filed in such a matter. (6) The time limitations imposed by the client or by circumstances. 0) This section strap remain in effect only until 3anaary t+999;and as of that date is (7) The nature and length of the professional relationship with the client. repealed,unless a later enacted statute;that is enacted before jaruuary 4 +9997 deletes or (8) The experience, reputation, and ability of the attorney performing the services, extends that date:If a court imposes sanctions on an attorney or law firm pursuant to this including his or her capacity because of that reputation or ability to secure a better result for section,it shall notify the State Bar if the sanctions were,imposed for filing a frivolous lawsuit the client. or a frivolous answer or other responsive pleading to a lawsuit pursuant to Section 6089.5 of (9) Whether the fee is fixed,hourly,or contingent,including whether the fee reflects the the Business and Professions Code. The notification shall include the sanctions order,any risk that the,representation could result in little or no recovery. written findings related thereto,and those portions of the record relevant to the order.The (10) The time and labor required attorney or law firm against whom sanctions have been imposed shall reimburse the court for (11) The informed consent of the client to the fee agreement. all expenses incurred in reporting to the State Bar pursuant to this subdivision. (12) Whether the attorney has advanced costs in furtherance of the representation,and the SECTION 4. CLIENTS'RIGHT TO HIRE AND FIRE ATTORNEY amount thereof. Section 6146.5 is added to the Business and Professions Code,to read: (13)Any other fact or circumstance relevant to the conscionability of the fee. 6146.5. (a) Except as otherwise provided by law in effect on January 1,1995 or by the (e) Nothing in this section shall affect the right of the attorney to be reimbursed for actual provisions of the act adding this section,the right of a client or a client's representative to costs advanced or incurred choose and contract with the attorney of his or her choice shall not be restricted,nor shall the SECTION 6. RELATIONSHIP TO OTHER INITIATIVES right of a client or the client's representative to negotiate the amount of an attorney's fee, The people,recognize that more than one measure dealing with the general matters set forth whether fixed, hourly, or contingent, be restricted or the validity of those contracts be in this measure may be on the ballot at the same time.It is the intent of the voters in passing impaired. this measure that it be considered,for purposes of subdivision(b)of Section 10 of Article II (b)A client shall have the right to discharge his or her attorney at any time during the of the California Constitution,to be in conflict with the"Lawyer Contingency Fee Limitation course of the representation. Act"and any other similar measure attempting to limit the right of a client and an attorney to (c)Notwithstanding the terms of any contract entered into pursuant to Section 6146,6147, contract with each other for legal services and to enforce those contracts. or 6148,attorneys who are discharged before a case is finally concluded shall be entitled to SECTION 7. SEVERABILITY compensation only as set forth below: If any provision of this act or its application to any person or circumstance is held invalid, (1)Attorneys who have entered into contingency fee contracts pursuant to Section 6146 or that invalidity shall not affect other provisions or applications of the act which can be given 6147 shall be entitled to compensation only in the event the client recovers an award or effect without the invalid provision or application,and to this end the provisions of this act settlement in the matter for which the attorney had been retained.In the event of such an are severable. award or settlement,the attorney shall be entitled to any unreimbursed expenses advanced or SECTION 8. AMENDMENT incurred by the attorney during the course of the representation and to the reasonable value The provisions of this act may be amended by a statute that becomes effective upon of the attorney's services rendered to the time of discharge. approval by the electorate or by a statute to further the act's purposes passed by a two-thirds (2)Attorneys who have entered into hourly rate contracts for services pursuant to Section vote of each house of the Legislature and signed by the Governor. Proposition 208: Text of Proposed Law This initiative measure is submitted to the people in accordance with the provisions of stake in matters before state and local government. Article H,Section 8 of the Constitution. 85102. The people enact this law to accomplish the following separate but related This initiative measure amends,repeals,and adds sections to various codes;therefore, purposes: existing provisions proposed to be deleted are printed in strikeout type and new provisions , (a) To ensure that individuals and interest groups in our society have a fair and equitable proposed to be added are printed in italic type to indicate that they are new. opportunity to participate in the elective and governmental processes. PROPOSED LAW (b) To minimize the potentially corrupting influence and appearance of corruption caused CALIFORNIA POLITICAL REFORM ACT OF 1996 by excessive contributions and expenditures in campaigns by providing for reasonable contribution and spending limits for candidates. SECTION 1. Article 1(commencing with Section 85 100)of Chapter 5 of Title 9 of the (c) To reduce the influence of large contributors with a specific financial stake in matters Government Code is repealed. before government by severing the link between lobbying and campaign fundraising. SEC. 2. Article 1(commencing with Section 85 100)is added to Chapter 5 of Title 9 of (d) To lessen the potentially corrupting pressures on candidates and officeholders for the Government Code,to read: fundraising by establishing sensible time periods for soliciting and accepting campaign Article 1. Findings and Purposes contributions. 85100. This chapter shall be known as the California Political Reform Act of 1996. (e) To limit overall expenditures in campaigns, thereby allowing candidates and 85101. The people find and declare each of the following: officeholders to spend a lesser proportion of their time on fundraising and a greater (a) Monetary contributions to political campaigns are a legitimate form of participation in proportion of their time communicating issues of importance to voters,and constituents. the American political process,but the financial strength of individuals or organizations (f) To provide impartial and noncoercive incentives that encourage candidates to should not permit them to exercise a controlling influence on the election of candidates. voluntarily limit campaign expenditures. (b) The rapidly increasing costs of political campaigns have forced many candidates to (g) To meet the citizens' right to know the sources of campaign contributions, raise larger and larger percentages of money from interest groups with a specific financial expenditures,and political advertising. G96 89 (h) To enact tough penalties that will deter persons from violating this chapter and the 85303. No person shall give in the aggregate to political party committees of the same Political Reform Act of 1974. political party, and no such party committees combined shall accept from any person, a SEC. 3. Article 2(commencing with Section 85202)is added to Chapter 5 of Title 9 of contribution or contributions totaling more than five thousand dollars($5,000)per calendar the Government Code,to read: year;except a candidate may distribute any surplus,residual,or unexpended campaign funds Article 2. Applicability of the Political Reform Act of 1974 to a political party committee. SEC. 10. Section 85304 of the Government Code is repealed. 85202. Unless specifically superseded by this act,the definitions and provisions of this 85304. No candidate for eltetrve Office or Committee controlled by that candidate or title shall govern the interpretation this law. 85203. "Small contributor committee"means any committee which meets all of the candidates office shaft trader ether candidate t following criteria: ==for of funds between candidates or their eoattolled committees no prohibited. (a) it has a membership of at least 100 individuals. SEC. 11. Section 85304 is added to the Government Code,to read: (b)All the contributions it receives from any person in a calendar year total fifty dollars 85304. No more than 25 percent of the recommended expenditure limits specified in this ($50)or less. act at the time of adoption by the voters,subject to cost of living adjustments as specified in (c) It has been in existence at least six months. Section 83124, shall be accepted in cumulative contributions for any election from all (d) It is not a candidate-controlled committee. political party committees by any candidate or the controlled committee of such a candidate. 85204. "Two-year period"means the period commencing with January I of an Any expenditures made by a political party committee in support of a candidate shall be odd-numbered year and ending with December 31 of the next even-numbered year considered contributions to the candidate. 85205. "Political party committee"means the state central committee or county central SEC.12. Section 85305 of the Government Code is repealed. committee of an organization that meets the requirements for recognition as a political party $5395. W This Section shall only apply to candidates who seek eleetiv office during a pursuant to Section 5100 of the Elections Code. special election era special runoff election. 85206. "Public moneys"has the same meaning as defined in Section 426 of the Penal (b)Ars used in this Section;the foHewing terns have the following tncatntrgr Code. (f) " lender's regular eamse of business on tents available to members of the general public far contribution limitations in Section 85301,but shall be subject to the contribution limitations which the candidate is personally liable: in Section 85402. SEC. 17. Section 85307 is added to the Government Code,to read: (b) If a candidate declines to accept the voluntary expenditure ceilings in Section 85400, 85307. (a) A loan shall be considered a contribution from the maker and the guarantor the candidate shall be subject to the contribution limitations in Section 85301. of the loan and shall be subject to all contribution limitations. (c) Any candidate who declined to accept the voluntary expenditure ceilings but who (b) Extensions of credit for a period of more than 30 days,other than loans from financial nevertheless did not exceed the recommended spending limits in the primary,special primary, institutions given in the normal course of business,are.subject to all contribution limitations. or special election,may file a statement of acceptance of the spending limits for a general or (c) No candidate shall personally make outstanding loans to his or her campaign or special runoff election within 14 days following the primary,special primary,or special campaign committee that total at any one point in time more than twenty thousand dollars election and receive all the benefits accompanying such an agreement specified in this act. ($20,000)in the case of any candidate,except for candidates for governor,or fifty thousand 85402. (a) Notwithstanding subdivision(a)of Section 85301,if a candidate accepts the dollars($50,000)in the case of candidates for governor. Nothing in this chapter shall expenditure ceilings set by local ordinance pursuant to subdivision(c)of Section 85400,no prohibit a candidate from making unlimited contributions to his or her own campaign. person,other than small contributor committees and political party committees,shall make to SEC. 18. Section 85308 is added to the Government Code,to read: any such candidate or the candidate's controlled committee for elective office in districts of 85308. (a) Contributions by a husband and wife shall not be aggregated. fewer than 100,000 residents and no such candidate or the candidate's controlled committee (b) Contributions by children under 18 shall be treated as contributions attributed equally shall accept from any such person a contribution or contributions totaling more than two to each parent or guardian. hundred fifty dollars($250)for each election in which the candidate is attempting to be on SEC. 19. Section 85309 is added to the Government Code,to read: the ballot or is a write-in candidate. 85309. No more than 25 percent of the recommended voluntary expenditure limits (b) Notwithstanding subdivision (b) of Section 85301, if a candidate accepts the specified in this act at the time of adoption by the voters,subject to cost-of-living adjustments expenditure ceilings in paragraph(1)or(2)of subdivision(a)of Section 85400 or set by as specified in Section 83124,for any election shall be accepted in contributions from other local ordinance pursuant to subdivision(c)of Section 85400,no person,other than small than individuals, small contributor committees, and political party committees in the contributor committees and political party committees,shall make to any such candidate or aggregate by any candidate or the controlled committee of such a candidate.The limitation in the candidate's controlled committee for elective office in districts of 100,000 residents or this section shall apply whether or not the candidate agrees to the expenditure ceilings more and no such candidate or the candidate's controlled committee shall accept from any specified in Section 85400. such person a contribution or contributions totaling more than five hundred dollars($500) SEC. 20. Section 85310 is added to the Government Code,to read: for each election in which the candidate is attempting to be on the ballot or is a write-in 85310. No person shall contribute in the aggregate more than twenty-five thousand candidate. dollars($25,000)to all state candidates and the state candidates'controlled committees and (c) Notwithstanding subdivision (c) of Section 85301, if a candidate accepts the political parry committees in any two-year period. Contributions from political parties shall expenditure ceilings in paragraph(3)or(4)of subdivision(a)of Section 85400,no person, be exempt from this provision. other than small contributor committees and political party committees;shall make to any SEC. 21. Section 85311 is added to the Government Code,to read: such candidate or the candidate's controlled committee for statewide office and no such 85311. All payments made by a person established,financed,maintained,or controlled candidate or the candidate's controlled committee shall accept from any such person a by any business entity,labor organization,association,political parry,or any other person or contribution or contributions totaling more than one thousand dollars($1,000)for each group of such persons shall be considered to be made by a single person. election in which the candidate is attempting to be on the ballot or is a write-in candidate. SEC. 22. Section 85312 is added to the Government Code,to read: 85403. For purposes of the expenditure ceilings,qualified campaign expenditures trade 85312. The costs of internal communications to members,employees,or shareholders of at any time up to the date of the primary,special primary,or special election shall be an organization,other than a political party,for the purpose of supporting or opposing a considered expenditures for that election,and qualified campaign expenditures made after the candidate or candidates for elective office or a ballot measure or measures shall not be date of such election shall be considered expenditures for the general or runoff election. considered a contribution or independent expenditure under the provisions of this act, However,in the event that payments are made but the goods or services are not used during provided such payments are not for the costs of campaign materials or activities used in the period purchased,the payments shall be considered qualified campaign expenditures for connection with broadcasting, newspaper, billboard, or similar type of general public the time period in which the goods or services are used.Payments for goods and services communication. used in both periods shall be prorated. ' SEC. 23. Section 85313 is added to the Government Code,to read: 85404. (a) If a candidate declines to accept voluntary expenditure ceilings and receives 85313. (a) Each elected officer may be permitted to establish one segregated contributions,has cash on hand,or makes qualified expenditures equal to 75 percent or more officerholder expense fund for expenses related to assisting,serving,or communicating with of the recommended expenditure ceiling for that office,the voluntary expenditure ceiling shall constituents,or with carrying out the official duties of the elected officer,provided aggregate. be three times the limit specified in Section 85400 for any candidate running for the same contributions to such a fund do not exceed ten thousand dollars($10,000)within any nonstatewide office,and two times the limit specified in Section 85400 for any candidate calendar year and that the expenditures are not made in connection with any campaign for running for the same statewide office.Any candidate running for that office who originally elective office or ballot measure. accepted voluntary expenditure ceilings shall be exempt from the limits that political party (b) No person shall make,and no elected officer or officeholder account shall solicit or committees may contribute to a candidate in Section 85304,and such candidates shall be accept from any person.a contribution or contributions to the officerholder account totaling permitted to continue receiving contributions at the amounts set forth in Section 85402. more than two hundred fifty dollars($250)during any calendar year. Contributions to an (b) If an independent expenditure committee or committees in the aggregate spend in officeholder account shall not be considered campaign contributions. support or opposition to a candidate for nonstatewide office more than 50 percent of the (c) No elected officeholder or officeholder account shall solicit or accept a contribution to applicable voluntary expenditure ceiling,the voluntary expenditure ceiling shall be three the officeholder account from,through,or arranged by a registered state or local lobbyist or times the limit specified in Section 85400 for any candidate running for the same elective a state or local lobbyist employer if that lobbyist or lobbyist employer finances,engages,or is office.Any candidate running for that office who originally accepted voluntary expenditure authorized to engage in lobbying the governmental agency of the officeholder ceilings shall be exempt from the limits that political party committees may contribute to a (d)All expenditures from,and contributions to,an officeholder account are subject to the candidate in Section 85304,and such candidates shall be permitted to continue receiving campaign disclosure and reporting requirements of this title. contributions at the amounts set forth in subdivision(a)or(b)of Section 85402. (e)Any funds in an officeholder account remaining after leaving office shall be turned (c) If an independent expenditure committee or committees in the aggregate spend in over to the General Fund. support or opposition to a candidate for statewide office more than 25 percent of the SEC. 24. 'Article 4(commencing with Section 85400)is added to Chapter 5 of Title 9 of applicable voluntary expenditure ceiling,the voluntary expenditure ceiling shall be increased the Government Code,to read: two times the limit specified in Section 85400 for any candidate running for the same Article 4. Voluntary Expenditure Ceilings statewide office.Any candidate running for that office who originally accepted voluntary expenditure ceilings shall be exempt from the limits that political party committees may 85400. (a)No candidate for legislative office,Board of Equalization,or statewide office contribute to a candidate in Section 85304,and such candidates shall be permitted to who voluntarily accepts expenditure ceilings and any controlled committee of such a continue receiving contributions at the amounts set forth in subdivision(c)of Section 85402. candidate shall make campaign expenditures above the following amount: (d).The commission shall require candidates and independent committees to provide (1) For an Assembly candidate,one hundred thousand dollars($100,000)in the primary sufficient notice to the commission and to all candidates for the same office that they are or special primary election and two hundred thousand dollars($200,000)in the general, approaching and exceeding the thresholds set forth in this section. special,or special runoff election. SEC. 25. Article 5(commencing with Section 85500)is added to Chapter 5 of Title 9 of (2) For a Senate.candidate and candidate for Board of Equalization, two hundred the Government Code,to read: thousand dollars($200,000)in the primary or special primary election and four hundred thousand dollars($400,000)in the general,special,or special runoff election. Article 5. Independent Expenditures (3) For statewide candidates,other than governor,one million dollars($1,000,000)in the 85500. (a) Any committee that makes independent expenditures of more than one primary election and two million dollars($2,000,000)in the general,special,or special thousand dollars($1,000)in support of or in opposition to any candidate shall notify the runoff election. filing officer and all candidates running for the same seat within 24 hours by facsimile (4) For governor,four million dollars($4,000,000)in the primary election and eight transmission or overnight delivery each time this threshold is met. The commission shall million dollars($8,000,000)in the general,special,or special runoff election. determine the disclosure requirements for this subdivision and shall establish guidelines (b) In the event that the state adopts an open primary system,the voluntary expenditure permitting persons to file reports indicating ongoing independent expenditures. ceilings for all state candidates in the primary election shall be increased by 50 percent. (b) Notwithstanding subdivision (d) of Section 85301, any committee that makes (c) Any local jurisdiction,municipality,or county may establish voluntary expenditure independent expenditures of one thousand dollars($1,000)or more supporting or opposing a ceilings for candidates and controlled committees of such candidates for elective office not to candidate shall not accept any contribution in excess of two hundred fifty dollars($250)per exceed one dollar($1)per resident for each election in the district in which the candidate is election. seeking elective office. Voluntary expenditure ceilings may be set at lower levels by the local (c)Any contributor that makes a contribution of one hundred dollars($100)or more per governing body. election to a candidate for elective office shall be considered to be acting in concert with that 85401. (a) Each candidate for of shall file a statement of acceptance or rejection of candidate and shall not make independent expenditures and contributions which in the voluntary expenditure ceilings in Section 85400 before accepting any contributions.If he combination exceed the amounts set forth in Section 85301 in support of that candidate or in or she agrees to accept the expenditure ceilings,the candidate shall not be subject to the opposition to that candidate's opponent or opponents. G96 91 D.s (d) An expenditure shall not be considered independent, and shall be treated as a the recipient of the donation be any committee controlled by such person who made the contribution from the person making the expenditure to the candidate on whose behalf,or for appointment. whose benefit,the expenditure is made either: 85706. (a) Nothing in this act shall nullify contribution limitations or other campaign (1) With the cooperation of,or in consultation with,any candidate or any authorized disclosures or prohibitions of any local jurisdiction that are as or more stringent than set committee or agent of the candidate. forth in this act. (2) In concert with,or at the request or suggestion of,any candidate or any authorized (b) The governing body of a local jurisdiction may impose lower contribution limitations committee or agent of the candidate. or other campaign disclosures or prohibitions that are as or more stringent than set forth in (3) Under any arrangement,coordination,or direction with respect to the candidate or the this act.A local jurisdiction may impose higher contribution or expenditure limitations only i candidate's agent and the person making the expenditure. by a vote of the people. (4) By a candidate or officeholder supporting another candidate or officeholder of the (c) Any charter municipality which chooses to establish a voluntary spending limit program involving matching funds,consistent with sudivision(c)of Section 85400,may set a same political party running for a seat in the same legislative body of the candidate or uniform contribution ceiling from any person to any candidate or the candidate's controlled officeholder committee of a contribution or contributions totaling no more than five hundred dollars For purposes of this section,the person making the expenditure shall include any officer, ($500)for each election in which the candidate is attempting to be on the ballot or is a director,employee,or agent of that person. write-in candidate,provided that the program offers a matching fund ratio of at least one SEC. 26. Article 6(commencing with Section 85600)is added to Chapter 5 of Title 9 of dollar($1)to each three matchable private contributions. the Government Code,to read: ENFORCEMENT Article 6. Ballot Pamphlet and Sample Ballot SEC. 28. Section 83116 of the Government Code is amended to read: 85600. The Secretary of State shall provide to all candidates for statewide office,who 83116. When the Commission determines there is probable cause for believing this title voluntarily choose to limit their campaign expenditures in accordance with the provisions of has been violated,it may hold a hearing to determine if such a violation has occurred.Notice this act,a campaign statement in the state ballot pamphlet of 100 words in primary and shall be given and the hearing conducted in accordance with the Administrative Procedure special elections,and 200 words in general elections,free of charge.Candidates for statewide Act(Government Code,Title 2,Division 3,Part 1,Chapter 5,Sections 11500 et seq.).The office not choosing to limit their campaign expenditures in accordance to provisions of this Commission shall have all the powers granted by that chapter. act may also publish a campaign statement of similar length and format in the state ballot When the Commission determines on the basis of the hearing that a violation has occurred, pamphlet,but shall be charged the pro rata cost of printing, handling, translating,and it shall issue an order which may require the violator to: mailing the campaign statement.Such candidate statements shall not include any references (a) Cease and desist violation of this title; to a candidate's opponent or opponents and may include a photograph of the candidate. (b) File any reports,statements or other documents or information required by this title; 85601. (a) The clerk of each county shall provide to candidates for offices of the State (c) Pay a monetary penalty of up to two thousand dollars($2,666)five thousand dollars Assembly,State Senate,and Board of Equalization,who voluntarily choose to limit their ($5,000)per violation to the General Fund of the state. campaign expenditures in accordance with this act,a campaign statement with the county; When the Commission determines that no violation has occurred,it shall publish a declaration sample ballot materials of 100 words in primary and special elections,and 200 words in . stating. SEC. 29. general elections,free of charge,the add-on cost of which is to be reimbursed from the state 831165AnSection Bon w of the Government Code is amended to read: General Fund. Candidates for the offices of State Assembly,State Senate,and Board of . . y person who violates any provision of this title, who purposely or aids and Equalization not choosing to limit their campaign expenditures in accordance to this act may abets neglig nylother persocauses n in the violation of any person to tprovision of this rovision of title,shf this all be liable tle,or ounder the also publish a campaign statement of similar length ant!format with the county sample ballot provisions of this chapter and Chapter 11(commencing with Section 91000).Provided, materials,but shall be charged the pro rata cost of printing, handling, translating, and �,that this �shall apply Pis who have feting or reporting abligatiorrs mailing the campaign statement.Such candidate statements shall not include any references wider this title-or who are �for services involving the P � or to a candidate's opponent or opponents and may include a photograph of the candidate. ung any activity d or requited by this title-and the a violation of this section (b) The statements candidates for State Assembly, State Senate, and Board shall trot constitute an additional violation under +3-. Equalization may be included in the state ballot pamphlet instead of with the county sampllee SEC. 30. Section 91000 of the Government Code is amended to read: ballot materials if the Secretary State determines that inclusion in the state ballot pamphlet 91000. (a) Any person who knowingly or willfully violates any provision of this title is is less expensive and more convenen ient for the voters. guilty of a misdemeanor. 85602. The Secretary of State and local elections officers shall prominently designate on (b) In addition to other penalties provided by law,a fine of up to the greater of ten the ballot and in the ballot phamplet and sample ballot those candidates who have voluntarily thousand dollars($10,00 e or three times the amount the person failed to report properly or agreed to expenditure ceilings. The commission shall prescribe by regulation the method or methods for such designation. unlawfully contributed,expended,gave or received may be imposed upon conviction for each SEC. 27. Article 7(commencing with Section 85700)is added to Chapter 5 of Title 9 of violation. the Government Code,to read: (c) Prosecution for violation of this title must be commenced within four years after the date on which the violation occurred. Article 7. Additional Contribution Requirements (d) The commission has concurrent jurisdiction in enforcing the criminal misdemeanor 85700. No contribution of one hundred dollars($100)or more shall be deposited into a provisions of this title. campaign checking account unless the name,address, occupation, and employer of the SEC.31. Section 91004 of the Government Code is amended to read: contributor is on file in the records of the recipient of the contribution. 91004. Any person who intentionally or negligently violates any of the reporting 85701. Any person who accepts a contribution which is not from the person listed on the requirements of this act,or who aids and abets any person who violates any of the reporting check or subsequent campaign disclosure statement shall be liable to pay the state the entire requirements of this act,shall be liable in a civil action brought by the civil prosecutor or by a amount of the laundered contribution.The statute of limitations shall not apply to this person residing within the jurisdiction for an amount not more than the amount or value not provision,and repayments to the state shall be made as long as the person or any committee properly reported. controlled by such a person has any funds sufficient to pay the state. SEC. 32. Section 91005.5 of the Government Code is amended to read: 85702. Contributions made directly or indirectly to or on behalf of a particular.candidate 91005.5. Any person who violates any provision of this title,except Sections 84305, through an intermediary or conduit shall be treated as contributions from the contributor and 84307,and 89001,for which no specific civil penalty is provided,shall be liable in a civil the intermediary or conduit to the candidate for the purposes of this limitation unless the action brought by the commission or the district attorney pursuant to subdivision(b)of intermediary or conduit is one of the following: Section 91001,or the elected city attorney pursuant to Section 91001.5,for an amount up to (a) The candidate or representative of the candidate receiving contributions on behalf of two thousand dollars($2;9613)five thousand dollars($5,000)per violation. the candidate.However,the representative shall not include the following persons: No civil action alleging a violation of this title may be filed against a person pursuant to (1)A committee other than the candidate's campaign committee. this section if the criminal prosecutor is maintaining a criminal action against that person (2)An officer,employee,or agent of a committee other than the candidate's campaign pursuant to Section 91000. committee. The provisions of this section shall be applicable only as to violations occurring after the (3) A person registered as a lobbyist with the governmental agency for which the effective date of this section. candidate is running or is an officeholder. SEC, 33. Section 91006 of the Government Code is amended to read: (4)An officer,employee,or agent of a corporation or labor organization acting on behalf 91006. Any person who violates any provision of this title,who purposely or negligently of the corporation or organization. causes any other person to violate any provision of this title,or who aids and abets any other (b) A volunteer, who otherwise does not fall under paragraphs (1) through (4) of person in the violation of any provision of this title,shall be liable under the provisions of this subdivision(a)of this provision,hosting a fundraising event outside the volunteer's place of chapter and Chapter 3(commencing with Section 83100)of this title.If two or more persons business. are responsible for any violation,they shall be jointly and severally liable. 85703. No person shall make and no person,other than a candidate or the candidate's SEC. 34. Section 91015 of the Government Code is repealed. controlled committee,shall accept any contribution on the condition or with the agreement %615.. The Pis of this chapter shall not apply to violations of Section 93H6� that it will be contributed to any particular candidate.The expenditure affords received by a DISCLOSURE person shall be made at the sole discretion of the recipient person. SEC. 35. Section 84201 is added to the Government Code,to read: 85704. No elected officeholder,candidate,or the candidate's controlled committee may 84201. The threshold for contributions and expenditures reported in the campaign solicit or accept a campaign contribution or contribution to an officeholder account from, statements designated in Sections 84203.5,84211,and 84219,except for subdivision(i)of through,or arranged by a registered state or local lobbyist if that lobbyist finances,engages, Section 84219, and for cash contributions and anonymous contributions designated in or is authorized to engage in lobbying the governmental agency for which the candidate is Sections 84300 and 84304, shall be set at no more than one hundred dollars ($100) seeking election or the governmental agency of the officeholder notwithstanding any other provision of law or any legislative amendment to such sections. 85705. No person appointed to a public board or commission or as Trustee of the SEC. 36. Section 84305.5 of the Government Code is amended to read: California State University or Regent of the University of California during tenure in office 84305.5. (a) No slate mailer organization or committee primarily formed to support or shall donate to,or solicit or accept any campaign contribution for,any committee controlled oppose one or more ballot measures shall send a slate mailer unless: by the person who made the appointment to that office or any other entity with the intent that (1) The name,street address,and city of the slate mailer organization or committee 92 G96 • i primarily formed to support or oppose one or more ballot measures are shown on the outside contribution thresholds for a person,they,shall be identified by the controlling candidate's of each piece of slate mail and on at least erte of the inserts every insert included with each name. piece of slate mail in no less than 8-point roman type which shall be in a color or print which 84505. In addition to the requirements of Sections 84503, 84504, and 84506, the contrasts with the background so as to be easily legible.A post office box may be stated in committee placing the advertisement or persons acting in concert with that committee shall lieu of a street address if the street address of the slate mailer organization or the committee be prohibited from creating or using a noncandidate controlled committee or a nonsponsored primarily formed to support or oppose one or more ballot measure is a matter of public record committee to avoid,or that results in the avoidance of, the disclosure of any individual, with the Secretary of State's Political Reform Division. industry,business entity,controlled committee,or sponsored committee as a major funding (2) At the top or bottom of the front of each side or surface of at least me insert of a slate source. mailer or at the top or bottom of one each side or surface of a postcard or other self-mailer, 84506. If the expenditure for a broadcast or mass mailing advertisement that expressly there is a notice in at least 8-point roman boldface type,which shall be in a color or print advocates the election or defeat of any candidate or any ballot measure is an independent which contrasts with the background so as to be easily legible,and in a printed or drawn box expenditure,the committee,consistent with any disclosures required by Sections 84503 and and set apart from any other printed matter.The notice shall consist of the following 84504,shall include on the advertisement the names of the two persons making the largest statement: contributions to the committee making the independent expenditure.[fan acronym is used to specify any committee names required by this section, the names of any sponsoring NOTICE TO VOTERS organization of the committee shall be printed on print advertisements or spoken in broadcast THIS DOCUMENT WAS PREPARED BY(name of slate mailer organization or advertisements.For the purposes of determining the two contributors to be disclosed, the committee primarily formed to support or oppose one or more ballot measures), contributions of each person to the committee making the independent expenditure during the NOT AN OFFICIAL POLITICAL PARTY ORGANIZATION.Appemance in this one-year period before the election shall be aggregated. mails does riot necessarily imply enders IMot of others appearing in this mailer 84507. Any disclosure statement required by this article shall be printed clearly and not does it imply endorsement Or set forth in mailer legibly in no less than 10-point type and in a conspicuous manner as defined by the Appearance is paid for and anthmrized by each candidate All candidates and ballot commission or,if the communication is broadcast,the information shall be spoken so as to be measures which is measures designated by an*$$$have paid for their listing in this clearly audible and understood by the intended public and otherwise appropriately conveyed mailer A listing in this mailer does not necessarily imply endorsement of other for the hearing impaired. candidates or measures listed in this mailer. 84508. If disclosure of two major donors is required by Sections 84503 and 84506,the committee shall be required to disclose,in addition to the committee name,only its highest (3) Tice name,street address,acid city of the slate mailer organization or committee major contributor in any advertisement which is' primarily formed to sappmtt mr oppose one or mere haunt measures as required by paragraph (a)An electronic broadcast of 15 seconds or less,or t}j and the notice regttired by paragraph(3)may appear ort the same side or surface of an (b)A newspaper,magazine,or other public print media advertisement which is 20 square insert Any reference to a ballot measure that has paid to be included on the slate mailer shall inches or less. also comply with the provisions of Section 84503 et seg. 84509. When a committee files an amended campaign statement pursuant to Section (4) Each candidate and each ballot measure that has paid to appear in the slate mailer is 81004.5,the committee shall change its advertisements to reflect the changed disclosure designated by an*$$$.Any candidate or ballot measure that has not paid to appear in the information. slate mailer is not designated by an*$$$. 84510. (a) In addition to the remedies provided for in Chapter II (commencing with The*$$$required by this subdivision shall be of the same type size,type style,color or Section 91000)of this title, any person who violates this article is liable in a civil or contrast,and legibility as is used for the name of the candidate or the ballot measure name or administrative action brought by the commission or any person for a fine up to three times the number and position advocated to which the*$$$designation applies except that in no case cost of the advertisement,including placement costs. shall the*$$$be required to be larger than 10-point boldface type.The designation shall (b) The remedies provided in subdivision(a)shall also apply to any person who purposely immediately follow the name of the candidate,or the name or number and position advocated causes any other person to violate any provision of this article or who aids and abets any on the ballot measure where the designation appears in the slate of candidates and measures. other person in a violation. If there is no slate listing,the designation shall appear at least once in at least 8-point boldface (c) If a judgment is entered against the defendant or defendants in an action brought type,immediately following the name of the candidate,or the name or number and position under this section, the plaintiff shall receive 50 percent of the amount recovered. The advocated on the ballot measure. remaining 50 percent shall be deposited in the General Fund of the state.In an action (5) The name of any candidate appearing in the slate mailer who is a member of a political brought by a local civil prosecutor,50 percent shall be deposited in the account of the agency party differing from the political party which the mailer appears by representation or indicia bringing the action and 50 percent shall be paid to the General Fund of the state. to represent is accompanied,immediately below the name,by the party designation of the MISCELLANEOUS PROVISIONS candidate,in no less than 9-point roman type which shall be in a color or print that contrasts with the background so as to be easily legible.The designation shall not be required in the SEC. 38. Section 82039 of the Government Code is amended to read: case of candidates for nonpartisan office. 82039. "Lobbyist"means any individual who is employed or contracts for receives two (b) For purposes of the designations required by paragraph(4)of subdivision(a),the thousand dollars($2,000)or more in economic consideration in a calendar month,other payment of any sum made reportable by subdivision(c)of Section 84219 by or at the behest than reimbursement for reasonable travel expenses,or whose principal duties as an employee of a candidate or committee,whose name or position appears in the mailer,to the slate mailer are,to communicate directly or through his or her agents with any elective state official, organization or committee primarily formed to support or oppose one or more ballot agency official, or legislative official for the purpose of influencing legislative or measures,shall constitute a payment to appear,requiring the*$$$designation.The payment administrative action;if a substantial or regular pertimri of the activities for which he or she shall also be deemed to constitute authorization to appear in the mailer. Tom' consideration it for the purpose of inflticiteinS legislativ or administrative action (c) A slate mailer that complies with this section shall be deemed to satisfy the No individual is a lobbyist by reason of activities described in Section 86300. requirements of Sections 20003 and 20004 of the Elections Code. SEC. 39. Section 83124 is added to the Government Code,to read: SEC. 37. Article 5(commencing with Section 8450 1)is added to Chapter.4 of Title 9 of 83124. The commission shall adjust the contribution limitations and expenditure the Government Code,to read: limitationsprovisions in Sections 85100 et seq.in January of every even-numbered year to reflect any increase or decrease in the California Consumer Price Index.Such adjustments Article 5. Disclosure in Advertisements shall be rounded to the nearest 50 for the limitations on contributions and the nearest 1,000 84501. (a) "Advertisement"means any general or public advertisement which is for the limitations on expenditures. authorized and paid for by a person or committee for the purpose of supporting or opposing a SEC. 40. Section 85802 is added to the Government Code,to read: candidate for elective office or a ballot measure or ballot measures. 85802. There is hereby appropriated from the General Fund of the.state to the Fair (b) "Advertisement"does not include a communication from an organization other than a Political Practices Commission the sum of five hundred thousand dollars($500,000)annually political parry to its members,a campaign button smaller than 10 inches in diameter,a above and beyond the appropriations established for the commission in the fiscal year bumper sticker smaller than 60 square inches, or other advertisement as determined by immediately prior to the effective date of this act,adjusted for cost-of-living changes,for regulations of the commission. expenditures to support the operations of the commission pursuant to this act.If any provision 84502. "Cumulative contributions"means the cumulative contributions to a committee of this act is successfully challenged,any attorney's fees and costs shall be paid from the beginning the first day the statement of organization is filed under Section 84101 and ending General Fund and the commission's budget shall not be reduced accordingly. within seven days of the time the advertisement is sent to the printer or broadcast station. SEC. 41. Section 20300 of the Elections Code is repealed. 84503. (a) Any advertisement for or against any ballot measure shall include a 20360. Upon leaving any elective office;err at the end of the postelection reporting disclosure statement identifying any person whose cumulative contributions are fifty thousand period foilmaing the defeat of a candidate for efeetive office,whichever mcems last surphrs dollars($50,000)or more. campaign funds raised prier to 3amiary i;-1989-,under the control of the farmer candidate or (b) If there are more than two donors of fifty thousand dollars($50,000)or more, the officeholder or his or her controlled committee shall be used or held only for the following committee is only required to disclose the highest and second highest in that order.In the purposes. event that more than two donors meet this disclosure threshold at identical contribution (a)(i)The repayment Of personal Of committee leans or other obligations if there is a levels,the highest and second highest shall be selected according to chronological sequence. reasonable relationship tO a political;legisiatirc or generrtmemal activity: 84504. (a)Any committee that supports or opposes one or more ballot measures shall (2)For purposes of this subdivision,the payment for,or the rermbntsement to the state of; name and identify itself using a name or phrase that clearly identifies the economic or other the costs of installing and monitmring an electronic seeurity system in the home or office;or special interest of its major donors of fifty thousand dollars($50,000)or more in any bath;of a candidate or elected officer who has received threats to his or her physical safety reference to the committee required by law, including,but not limited, to its statement of shall be deemed to have a reasonable relationship to a political;legislative,or governmental organization filed pursuant to Section 84101. activity;provided that the threats arise from his or her activities-,duties,or status as a (b) If the major donors of fifty thousand dollars($50,000)or more share a common candidate or elected officer and that the threats have been reported to and verified by an employer,the identity of the employer shall also be disclosed. appropriate law enforcement agency.Veri€ieation shall be determined solely by the law (c)Any committee which supports or opposes a ballot measure,shall print or broadcast elifereement agency to which the threat was reported.The candidate or elected Officer shall its name as provided in this section as part of any advertisement or other paid public report any expenditure of campaign funds made pursuant to this section to the commission. statement. The report to the commission shall include the date that the candidate or elected officer (d) If candidates or their controlled committees,as a group or individually,meet the infanned the law enforcement agency of the threat the name and phone number of the law G96 93 enforecnrem agency,and a brief description of the threat No more than five thousand debars (d) Contributions to a political party or committee so long as the funds are not used to 09993 in surplus campaign funds may be used;cumulatively;by a candidate or elected make eenhibutions in support of or opposition to a candidate for elective office. officer pursuant to this subdivision.Payments made pursuant to this subdivision shaft be (e) eonuibutiont to support or oppas arty candidate for federal office;any candidate for made during the two years immediately fallowing the date upon which the campaign funds elective office in a state ether than eafifornitr or airy ballet measure. became surplus campaign funds..The candidate or elected officer shall reimburse the srrrphrs (f) The int for professional services reasonably required by the eemmittee to assist campaign fad aeemnt for the fair market value of the security system no later than two years in the performance of its eve functions including payment for attorney's fees for immediately foBewing the date upon which the eampaign fords became surplus campaign litigation which arises directly out of a candidate's or elected officer's activities;duties;or funds,-upon sale of the property on which the system is installed;er prior to the closing of the status as a candidate or elected officer including,but net limited to;an action to enjoin surplus campaign fad account;wmcheva comes first The electronic security system shall defamation;defense of an action brought of a violation of state or local campaign;disclosure, be the property of the campaign committee of the candidate or elected officer. (b)The paymentof the outstanding s. or election laws and an action arising from an election contest or mcoUnt. (c)Eontributions to any candidate,committee,Of political party-except where otherwise SEC. 43. Section 89519 is added to the Government Code,to read: prohibite by lay. 89519. Any campaign funds in excess of expenses incurred for the campaign or for (d)The PTO rata Syme of cortuibutnis. expenses specified in subdivision(d)of Section 85305, received by or on behalf of an (e) 9enations to arty religious,scientific educational,social welfare,eivic or fraternal individual who seeks nomination for election,or election to office,shall be deemed to be argartization no part of the net earnings of which imrres to the benefit of any private surplus campaign funds and shall be distributed within 90 days after withdrawal,defeat,or shareholder or individual or to airy charitable ar nenprafrt mgMiZatian which is exempt from election to office in rhe following manner.- taxation anner.taxation under subsection(e)of Section 50+of the internal Revenu Cede or Section 17214 (a) No more than ten thousand dollars($10,000)may be deposited in the candidate's or Sections 23991a to 237ft,inelttsive;or Scctian 2330H,23%ln;23991p;or 23991s of the officeholder account;except such surplus from a campaign fund for the general election shall Revenue and Taxation Cede. not be deposited into the officeholder account within 60 days immediately following the (t)Except where otherwise prohibited bylaw-,held in a segregated fund for frtnre political election. r net to be expended except for pal activity reasonably related to prepating for (b) Any remaining surplus funds shall be distributed to any political party,returned to future candidacy for elective,office. contributors on a pro rata basis,or turned over to the General Fund. SEC. 42. Section 89519 of the Government Code is repealed. 89519. Alport leaving any elected office;or at the end of the postelection repertitng period CONSTRUCTION following the defeat of a candidate for elective office,whicheveroattrs last;Campaign funds SEC. 44. This act shall be liberally construed to accomplish its purposes. raised after Jamtaty i +989;under the control of the farmer candidate or elected officer shall be considered surplus campaign fords and shall be disclosed pursuant to Ehapter 4 LEGISLATIVE AMENDMENTS (commencing with Section$4-1"and shall be used only for the fallowing purposes. SEC. 45. The provisions of Section 81012 of the Government Code which allow (a) (+)The payment of outstanding campaign debts or elected officer's expenses. legislative amendments to the Political Reform Act of 1974 shall apply to all the provisions of (2) For purposes of this subdivision;the lint for;er theefinbulsetnent to the state this act except for Sections 84201;85301,85303,85313,85400,and 85402. of,the costs of installing and memiteritrg an electronic security system in the home or office; or both,of a candidate or elected officer who fres received threats to his or her physical safety APPLICABILITY OF OTHER LAWS shall be deemed an outstanding Campaign debtor elected officer's expense;provided that the SEC. 46. Nothing in this law shall exempt any person from applicable provisions of any threats arise from his or her activities;duties;or status as a eaudidatc or elected officer and other laws of this state. that the threats have been reported to and verified by an appropriate law Cnforcement agency. SEVERABILITY Verification shall be detemrined solely by the law enfereemetnt agency to whieh the threat was SEC. 47. (a) If any provision of this law,or the application of any such provision to any reported.The candidate or elected officer shall report any expenditure of campaign fords person or circumstances,shall be held invalid,the remainder of this law to the extent it can be made Putrsttant to this section to the connnissiem The report to the cerninrission shall hrtelnde given effect,or the application of such provision to person's or circumstances other than those the date that the candidate or elected affica informed the law enforcement agency of the as to which it is held invalid,shall not be affected thereby,and to this extent the provisions of threat the name and pig number of the lave enforcententagency,and a bac€description of this law are severable. the threat No more than five thousand dollars($5;999)in surplus campaign fords may be (b) If the expenditure limitations of Section 85400 of this law shall be held invalid,the used:matulativelY,by a candidate or elected officer 1ursuant to this subdivision.PaYMents contribution limitations specified in Sections 85301 through 85313 shall apply. made 1? to this subdivision shag be made during the two years hulnediately fallowing CONFLICTING BALLOT MEASURES the date upon which the campaign funds became surplus eampargtr funds..The candidate a elected officer shall reimburse the surplus campaign fund account for the fair market value of SEC. 48. If this act is approved by voters but superseded by any other conflicting ballot the security system no later than two yeas immediately following the date upon which the measure approved by more voters at the same election,and the conflicting ballot measure is campaign funds become surplus campaign funds upon safe of the property on which the later held invalid,it is the intent of the voters that this act shall be self-executing and given system is installed;or prier to the Closing of the surplus campaign fund account,whriehever full force of the law. comes first The electronic security system shall be the property of the eampaign eenunittee EFFECTIVE DATE of the candidate or elected office' SEC. 49. This law shall become effective January 1,1997. (h)The pro ran repayment of contributions. . (c) Donations to any,bona fide Chartable, educational, civic religious, or similar AMENDMENT TO POLITICAL REFORM ACT tax-exempt;rronprefit organization,where no substantial part of the proceeds will have a SEC. 50. This chapter shall amend the Political Reform Act of 1974 as amended and all material financial effect on the former candidate or elected officer,any member of his or her of its provisions which do not conflict with this chapter shall apply to the provisions of this immediate faruly,Of his ar her campaign treasurer: chapter. Proposition 209: Text of Proposed Law This initiative measure is submitted to the people in accordance with the provisions of (e) Nothing in this section shall be interpreted as prohibiting action which must be taken Article H,Section 8 of the Constitution. to establish or maintain eligibility for any federal program,where ineligibility would result in This initiative measure expressly,amends the Constitution by adding a section thereto; a loss of federal funds to the state. therefore,new provisions proposed to be added are printed in italic type to indicate that they (n For the purposes of this section, "state"shall include,but not necessarily be limited to, are new. the state itself,any city,county, city and county,public university system, including the PROPOSED AMENDMENT TO ARTICLE I University of California,community college district,school district,special district,or any Section 31 is added to Article I of the California Constitution as follows: other political subdivision or governmental instrumentality of or within the state. SEC. 31. (a) The state shall not discriminate against,or grant preferential treatment to, (g) The remedies.available for violations of this section shall be the same,regardless of any individual or group on the basis of race,sex,color,ethnicity,or national origin in the the injured party's race,sex,color,ethnicity,or national origin,as are otherwise available operation of public employment,public education,or public contracting. for violations of then-existing California antidiscrimination law. (b) This section shall apply only to action taken.after the section's effective date. (h) This section shall be self-executing.If any part or pans of this section are found to be (c) Nothing in this section shall be interpreted as prohibiting bona fide qualifications in conflict with federal law or the United States Constitution, the section shall be based on sex which are reasonably necessary to the normal operation of public employment, implemented to the maximum extent that federal law and the United States Constitution public education,or public contracting. (d) Nothing in this section shall be interpreted as invalidating any court order or consent permit.Any provision held invalid shall be severable from the remaining portions of this decree which is in force as of the effective date of this section. section. Proposition 210: Text of Proposed Law This initiative measure is submitted to the people in accordance with the provisions of Because of inflation,Californians who earn the minimum wage can buy less today than at Article II,Section 8 of the Constitution. any time in the past 40 years; This initiative measure adds a section to the Labor Code; therefore, new provisions At$4.25 per hour,the current minimum wage punishes hard work.It is so low that proposed to be added are printed in italic type to indicate that they are new, minimum wage workers often make less than people on welfare; PROPOSED LAW Increasing the minimum wage will reward work by making it pay more than welfare; Because good paying jobs are becoming so hard to find,it is more important than ever that LIVING WAGE ACT OF 1996 California has a living minimum wage; Section 1. The People of California find and declare that: The purpose of the Living Wage Act of 1996 is to restore the purchasing power of the 94 G96 111 (212 Campaign Contributions and Spending Limits. P g Repeals Gift and Honoraria Limits. Restricts Lobbyists. Initiative Statute. Official Title and Summary Prepared by the Attorney General CAMPAIGN CONTRIBUTIONS AND SPENDING LIMITS. REPEALS GIFT AND HONORARIA LIMITS. RESTRICTS LOBBYISTS. INITIATIVE STATUTE. • Repeals existing law limiting gifts and prohibiting honoraria received by public officials. • Limits contributor's contributions per candidate per election to $200 for statewide offices, $100 for most other offices. Allows committees of small contributors 100 times this individual limit. Prohibits more than 25%. of contributions from outside district. Limits total contributions by committees and individuals. Bans.direct contributions from businesses and unions. • Imposes spending limits. • Limits time for fundraising. • Prohibits tax deduction for lobbying expenses. Prohibits lobbyists from making or arranging contributions to those they influence. Summary of Legislative Analyst's i Estimate of Net State and Local Government Fiscal Impact: • ,Adoption of this measure would result in costs to state and local governments for implementation and enforcement of new campaign finance limitations in the range of up to.$4 million annually. • The measure would result in unknown,. but probably not significant, additional state and local election costs. • The measure would result in additional tax revenues to the state of about$6 million annually due to the elimination of the tax deduction for lobbying expenses. I i i �I I I. 42 G96 � s Analysis by the Legislative Analyst BACKGROUND Limits on Campaign Contributions Campaign Contribution and Spending Limits. Limits on Contributions to a Single Candidate. Federal law limits the amount of money individuals and The measure establishes limits on the amount of political groups can contribute to a candidate and to the campaign contributions that an individual, committee, candidate's campaign committee for federal elective and political party may make to a candidate for office. State law generally does not impose similar limits statewide office (such as the Governor), the state on state and local campaigns. However, some local Legislature, and local elective office. Businesses, labor organizations, and nonprofit corporations would be governments in California have established,such limits prohibited from making contributions. This measure for local,elective offices. prohibits the transfer of campaign funds from one In addition, current state law contains no limits on the candidate to another.This measure does not set limits for amounts of personal loans or personal funds candidates any candidates for federal office. Figure 1 summarizes can use for their own elections. Also, there are no these limits. aggregate limits on what individuals and groups can contribute to all candidates for state and local elective • offices. Furthermore, there are no prohibitions on lobbyists making, transmitting, or arranging campaign Proposition 212 contributions.Finally,there are no limits on the amounts ,- Campaign Contribution Limits of money candidates or their campaign committees, or other groups in support of the candidate, can spend in , any election. V Reporting Requirements. Both.state and federal law require candidates for elective office to report2itnbutcr contributions they receive and spend for their campaigns. In addition, state law requires that lobbyists register Individual $100 $200 with the Secretary of State's office. Business, labor Prohibited a Prohibited a Lobbying Expenses. , Under current state law, organization, and organizations and businesses may'deduct from their nonprofit corporation income taxes expenses for lobbying public agencies. Political party $100 $200. Restrictions on Gifts, Honoraria, and Travel. "Citizen Contribution $10,000 $20,000 Current state law contains restrictions on the amounts of Committee" b gifts; honoraria (payments for speeches, articles, or Lobbyist Prohibited Prohibited attendance at meetings or gatherings), and travel Transfer from Prohibited Prohibited payments that may be accepted by public officials. other candidate Court Review. The specific provisions of this a While these entities are prohibited from making campaign contributions, measure have not been reviewed by either state or they may provide other campaign-related support. federal courts. In California and other states, a number b Defined by the measure as a committee with 25 or more members,none of of provisions similar to,those contained in this measure whom contribute more than$25 to the committee in a calendar year,and is have been challenged in court and have been invalidated. not controlled by any candidate. PROPOSAL Out-of-District Contribution Limits. The measure I This measure,makes a number of changes to current' provides that at least 75 percent of a candidate's state lawregarding campaign contributions and campaign.contributions must come from individuals of spending. Specifically,the measure: .voting age residing within the jurisdiction of the office • Limits the amount of campaign.contributions that sought by the candidate. an individual or group can make to a candidate for Limits on Contributions to All Candidates.. The state and local elective office andprohibits lobbyists measure restricts the total amount an individual can from making contributions. - contribute to all candidates.An individual is limited to • Establishes both mandatory and voluntary making contributions totaling nomore than $2,000 per campaign spending limits. year to all candidates, committees, and political parties. • Limits when campaign fund-raising may occur. Of this amount, no more than$1,000 may be contributed • Eliminates current restrictions on public officials to committees other than to political parties. Entities receiving gifts and honoraria. other than individuals are limited to contributions • Eliminates tax deductions for lobbying expenses. totaling no more than $10,000 per year to all state and Establishes penalties for violations of the measure local candidates, committees, and political parties.-These and increases penalties for existing campaign law limitations on contributions do not apply to Citizen violations. Contribution Committees. G96 43 Other Limits. The measure limits the total amount Access to Ballot Pamphlets. If the voluntary limits 1 of loans a candidate may make to his or her campaign. go into effect, the measure requires that candidates who These limits are$25,000 for candidates for Governor and accept the spending limits be so identified in ballot $10,000 for all other candidates. Officeholders and pamphlets and on the ballot. These candidates also f candidates are prohibited from soliciting or receiving would be entitled to place a statement free-of-charge in i contributions from, or arranged by, lobbyists. the applicable state or local ballot pamphlet. Candidates Businesses, labor organizations, and nonprofit who do riot accept the spending limits would be so I corporations are prohibited from making contributions, identified on the ballot. In addition, these candidates 1 but they may: may also place a statement in the ballot pamphlet, but t • Spend unlimited amounts for internal would have to pay the costs of printing, handling, and communications with members, employees, or mailing the statement. shareholders for purposes of supporting or opposing Restrictions on When Contributions a candidate for elective office or a ballot measure. ` 1 May Be Accepted • Create political action committees.for the purpose of supporting a candidate for elective office or a ballot This measure places restrictions on when campaign measure. contributions may be accepted. For any elective office, no • Provide support to any Citizen Contribution candidate may accept contributions more than nine Committee, the committee receives contributions months before any primary election. Fund-raising for all Citteeif C m $5,, if per year. candidates must end on the date of the election and no. contributions may be accepted more than 30 days after • Provide support for fund-raising, administration, the election. and compliance for any committee (excluding committees in support of a candidate or political Other Provisions party committees)., Elimination of Restrictions on Candidate Mandatory and Voluntary Spending Limits . Honoraria, Gifts, and Travel. This measure repeals current law that prohibits elected officials from receiving The measure establishes mandatory campaign honoraria and limits their receipt ofgifts. Currently, spending limits. In the past,the U.S. Supreme Court has elected officials cannot accept gifts valued at more than ruled that mandatory spending limits in election $280 from any single source. .The measure also campaigns violate the U.S. Constitution. The measure eliminates the restrictions on when elected officials can .provides that if the mandatory limits are invalidated by accept reimbursement for travel. the courts, the spending limits will become voluntary. Elimination of Tax Deductions for Lobbying and The measure .establishes spending limits in local Increases in Lobbyist Registration Fees. 'The government elections of 40 cents per resident for each measure eliminates all state income tax deductions for office. The spending limits for individual candidates for lobbying. The measure also increases the fee charged to state offices are shown in Figure 2. register as a lobbyist with the Secretary of State. Any additional state revenues resulting from the elimination • of this tax deduction and the increase in registration fees would be used to offset the costs of implementing and Proposition 212 enforcing the measure. MandatolyNoluntaly Penalties and Enforcement. This . measure Campaign Spending Limits a increases penalties for violations of campaign law. In addition, any person who has.violated campaign laws mi IN three times would be subject to removal from office and , enral subject to a;permanent ban from(1)holding any state or local office in the future or.(2) registering as a lobbyist. State Assembly $ 75,000 $ ' 150,000 Enforcement of the measure's provisions can either be State Senate 115,000 235,000 through governmental agencies, such as the Fair Statewide office 1,250,000. 1 750,000 Political Practices Commission (FPPC), or registered (other than Governor)b voters,who would be allowed to sue.those candidates ' Governor 2,000,000 5,000,000 who violate any provisions of the measure. Disclosure of Major. Donors. Any campaign a Measure establishes mandatory limits,but Provides that the limits will advertisement for a candidate or ballot measure must become voluntary if the mandatory limits are invalidated by the courts. disclose the names of the donors making contributions e.Such as Lieutenant Governor,Attorney General,and State Treasurer. above specified levels. i 44 G96 Relationship to Other Measures and enforcement of its provisions. Based on information This measure provides that if both this measure and provided by the FPPC and the Secretary of State, we another measure or measures relating to campaign estimate that the costs would be up to $4 million finance reform on this ballot are approved by the voters, annually. To offset the FPPC's enforcement costs, the the measures will be considered to be in conflict. If this measure includes an annual General Fund measure is approved with the most votes, then this appropriation, based on a formula, which in 1996-97 measure will take effect in its entirety and none of the would be approximately$570,000. The measure provides provisions of the other measure or measures will take that the annual appropriation be adjusted in future years effect. If the other measure or measures are approved for inflation. t with the most votes, the provisions of this measure that are not in conflict will take effect. In addition, the measure would result in additional state and local election costs to provide additional FISCAL EFFECT information on candidates in voter pamphlets. These This measure would result in additional costs and costs are unknown,but are probably not significant. ` revenues to the state and local governments. Revenues. Elimination of tax deductions for lobbying Costs. The measure would result in additional costs expenses would result in additional tax revenues to the to,the state and local governments for implementation state of about$6 million annually. For text of Proposition 212 see page 96 _ J L - 1 i 1 , r r 3 ` 1 t 5 6 G96 45 -D� ✓ i Campaign Contributions and Spending Limits. 212 Repeals Gift and Honoraria Limits. Restricts Lobbyists. Initiative Statute. Argument in Favor of Proposition 212 Are you tired of politicians who talk so much but do so little Prop. 212 sets tough, low, mandatory limits on campaign about improving schools, cleaning up the environment, and spending to stop rich candidates trying to buy their way into making our streets safe? public office. Prop. 208 only offers much higher, voluntary Too many politicians say one thing, then do something else. limits. Why?Because they serve the special interests and people who PROPOSITION 212 IS TOUGH. PROPOSITION 208 give them big campaign contributions,not the voters back home in their district. IS A HALFWAY MEASURE PROPOSITION 212 WILL BREAK SPECIAL California's state legislators raise an average of 8 out of 10 INTEREST CONTROL campaign dollars from outside the districts they represent.Why j Prop. 212 is the only initiative on the ballot that effectively let this continue? breaks the special interest stranglehold. on government. Why give corporations tax breaks for lobbying for their Another well-intentioned measure, Prop. 208, doesn't take the special interests? tinue allowing 97% of the money donated to tough steps necessary to get the job done. California politicians to come in amounts of more than $100 PROPOSITION 212 MAKES POLITICIANS ACCOUNTABLE from the wealthiest 1%of individuals,corporations,and PACs? TO ALL VOTERS,NOT SPECIAL INTERESTS Why .expect politicians to voluntarily limit campaign Prop. 212 requires politicians to raise at least 75%of their spending?They'll just continue the flood of negative TV ads and campaign funds inside their district. Prop. 208 has no such junk mail• limit,allowing up to 100%of money from outsiders. - Only Prop. 212 puts a stop to all this. It's a no-nonsense Prop. 212 bans money from corporations and unions. Prop. initiative written by citizens fed up with business as usual. 208 208 allows tobacco companies,insurance companies, and other is a well-intentioned halfway measure that won't work. corporations to each contribute a total of $25,000 to state VOTE YES ON PROPOSITION 212 . candidates, and unlimited total contributions to local Only Prop. 212 strictly limits out-of-district.contributions. It candidates. bans corporate and union contributions. It bans tax breaks for Prop. 212 bans corporate tax deductions for lobbying, saving corporate lobbying. It sets $100 contribution limits and low, taxpayers money. Prop. 208 allows.corporations to keep this mandatory spending limits. special tax break. Send a tough message to the politicians and special interests. PROPOSITION 212 IMPOSES TOUGH LIMITS ON Return our state government to its rightful owners—the CAMPAIGN CONTRIBUTIONS AND SPENDING citizens of California. Prop.212 prohibits politicians from taking contributions over WENDy WENDLANDT $100 from wealthy individuals ($200 for the Governor's race Associate Director,California Public Interest and other statewide elections). Prop. 208 allows five times Research Group,CALPIRG more:$1,000 for statewide candidates,$500 for legislators. DON VIAL Prop. 212 encourages average Californians who contribute Former Commissioner,California Fair Political $25 or less to band together,allowing them to make larger joint practices Commission contributions to candidates and thereby compete with the powerful special interests. Prop. 208 discourages this, leaving ROBERT BENSON ! politicians to raise funds from donors who can write $500 or Professor of Law,Loyola Law School $1,000 checks. j; Rebuttal to Argument in Favor of Proposition.212 • PROP.212:CONSUMER FRAUD, have already been. ruled unconstitutional so they will be . f NOT CAMPAIGN REFORM THROWN OUT by the Courts and NEVER BE Prop. 212's sponsors shamelessly fail to disclose to the voters IMPLEMENTED.Meaningless gestures,empty words:the only I, what it really does: WIPES,OUT California's anti-corruption thing tough about Prop. 212 is its"talk.". laws! PROP.212'S HIDDEN POISON PILL • PROP.212 LEGALIZES UNLIMITED Finally, the real purpose of Prop. 212: to kill the GENUINE CASH GIFTS TO ELECTED OFFICIALS! reform measure on the ballot, Prop. 208, sponsored by the This irresponsible measure takes us back to the days of League of Women Voters,AARP, UWSA and Common Cause. legalized bribery and circumvents campaign contribution Prop.212 contains a poison pill.clause designed to NULLIFY all restrictions by allowing special interests to give unlimited cash other measures. payments and gifts directly to elected officials and candidates. Don't be fooled. If Prop. 212's sponsors had honestly disclosed This provision alone is enough to demonstrate that Prop. 212's what it really does,it wouldn't even be on the ballot. "reform"claims are tantamount to CONSUMER FRAUD. PLEASE VOTE NO tON PROP.212. But there's more. • PROP.212'S HUNDRED-FOLD JACQUELINE ANTEE SPECIAL-INTEREST ADVANTAGE State President,American Association of Prop. 212 contains a special-interest loophole which allows Retired Persons political donor committees to give candidates 100 TIMES what FRAN PACKARD anyone else can give!That's a hundred-fold advantage! President,League of Women Voters of California • FOOLISHLY UNCONSTITUTIONAL MICHAEL GUNN,M.D. Furthermore, its alleged"tough"provisions are pure rhetoric. Chair,California Campaign Finance Reform Task Both in-district contribution and mandatory spending limits Force United We Stand America ;I l it 46 Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency. G96 �j Campaign Contributions and Spending Limits. Repeals Gift and Honoraria Limits. 212 Restricts Lobbyists. Initiative Statute. Argument Against Proposition 212 If an initiative ever promised voters one thing but would SO WHILE PROP. 212 CLAIMS TO BE "TOUGH" IT deliver the OPPOSITE, Proposition 212 is it. If voters want to ACTUALLY DOES FAR MORE HARM THAN GOOD. It is clean up politics and stop corruption,we urge you to vote NO ori fatally flawed,fraught with loopholes,and unworkable. this extremely deceptive measure. Its alleged "get tough" provisions have been ruled 'Prop. 212 would actually increase, NOT decrease, the power UNCONSTITUTIONAL, so they will be thrown out by the of special-interest money in state and local government! Here's Courts and never go into effect. how: But don't despair: fortunately, voters have a golden #1 PROP. 212 WIPES OUT OUR ETHICS IN opportunity to enact genuine campaign reform. Prop. 208 GOVERNMENT ACT, THE CORNERSTONE OF endorsed by the League of Women Voters,American Association CALIFORNIA'S ANTI-CORRUPTION LAWS! of Retired Persons (AARP)—California, American Lung This stringent anti-bribery law was enacted in the wake of Association and Common Cause is a solid workable solution. the FBI corruption sting that sent five lawmakers to prison for These two measures are incompatible ;voting for both doesn't selling their votes. work. If voters want a campaign finance reform law that Prop: 212 frees elected officials and politicians from these REDUCES rather than INCREASES the power of corrupting ethics laws, and once again allows special interests to shower special- them with: interest money in'Sacramento and local government, . • UNLIMITED CASH PAYMENTS(e.g. "speaking fees"for there is only one option: �,. luncheons) VOTE YES ON 208 AND NO ON.212. • UNLIMITED PERSONAL GIFTS Prop. 212 is long on rhetoric but fails to deliver reform. It • UNLIMITED FREE TRAVEL creates BIGGER PROBLEMS rather than SOLUTIONS. It is Polluters, tobacco companies, or anyone else seeking not only illogical,it is dangerous:' government favors would no longer be legally prohibited from Prop.212 would not be on the ballot if its sponsor had leveled giving expensive gifts and lavish free travel,or depositing cash with voters and honestly disclosed what it really does: payments into our elected officials'pockets! • repeals ETHICS IN GOVERNMENT LAWS; Prop. 212 brings back a form.of legalized bribery voters • violates THE CONSTITUTION; already outlawed. By allowing •personal payments to • gives SPECIAL INTERESTS A 100-FOLD ADVANTAGE government officials, Prop. 212 allows special interests to get Please join us in voting No on Proposition 212. around campaign contribution reform laws entirely. FRAN PACKARD #2 PROP. 212 ALSO CONTAINS A HUGE President,League of Women Voters of California SPECIAL-INTEREST LOOPHOLE WHICH ALLOWS POLITICAL DONOR COMMITTEES TO. GIVE JACQUELINE ANTEE CANDIDATES ONE HUNDRED TIMES WHAT ANYONE State President,American Association of ELSE CAN CONTRIBUTE! Retired Persons That's a hundred-fold advantage for special interests over TONY MILLER regular people, hardly the way to get big money influence out of Executive Director,Californians for Political Reform, Politics! A Committee Sponsored by League of Women Voters • A Common Cause analysis found that most of the state's of California,American Association of Retired top political givers could use this loophole to continue Persons—California(AARP),Common Cause pumping millions of dollars into political campaigns. and United We Stand America • This may explain why the state's #1 special-interest contributor supports Prop. 212. Rebuttal to Argument Against Proposition 212 The statement opposing Prop. 212 is long on mudslinging, None of these provisions' in 212 has been found short on facts. unconstitutional by the Supreme Court. We encourage you to carefully read Props.212 and 208.You'll Nor does Prop. 212 legalize bribery. This claim is ridiculous. confirm that 212 cracks down hard on special interests and 212's sponsors are fighting for tougher ethics laws. self-interested politicians. 208 doesn't. Nor does Prop. 212 help special interests. Critics don't Please read the non-partisan summaries and official fiscal mention that the only contributor committee allowed to give impact analysis in this Ballot Pamphlet.You'll confirm that 212 100 times the low$100 contribution limit is a committee formed saves taxpayers$2 million annually;208 costs$4 million. and supported solely by people giving a maximum of$25! This The opposition statement misses the point of 212.They don't helps only citizens able to afford a small,donation, not big say one word about 212's real provisions: moneyed interests or politicians. 212 sets strict limits on campaign contributions from We favor the tougher initiative that scares special interests outside a politicians district-25%maximum. 208 has no the most.Vote Yes on 212. limits. JERRY BROWN • 212.bans contributions from corporations and unions. 208 Governor 1975-1983 doesn't.212 ED MASCIiI� • doesn't.ns corporate tax deductions for lobbying. 208 Executive Director of the California Public • 212 limits contributions by individuals and PACs to $100 Interest Research Group(CALPIRG) ($200 for statewide offices,$600 to political parties).Prop. DANIEL A.TERRY 208 allows $500,$1,000,and$5,000 contributions. President,California Professional Firefighters G96 Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency. 47 Proposition 212: Text of Proposed Law This initiative measure is submitted to the people in accordance with the provisions of include a committee that does not make contributions to candidates. For purposes of this Article II,Section 8 of the Constitution. chapter,a political party is a committee unless specific provisions applicable to political This initiative measure amends,repeals,and adds sections to various codes;therefore, parties indicate otherwise. existing provisions proposed to be deleted are printed in strikeetit type and new provisions (c) "Citizen Contribution Committee"means a committee whose membership is comprised proposed to be added are printed in italic type to indicate that they are new. solely of 25 or more individuals who each make a contribution or contributions which in the PROPOSED LAW aggregate total twenty-five dollars($25)or less per calendar year per individual member. Such a committee shall be in existence for at least six months prior to making any The people of the State of California do enact as follows: contribution to any candidate or committee and shall not be controlled by any candidate. SECTION 1. Chapter 5(commencing with Section 85 100)of Title 9 of the Government Nothing in this section shall prohibit apolitical party from establishing Citizen Contribution Code is repealed. Committees. SEC. 2. Chapter 5(commencing with Section 85100)is added to the Government Code, (d) 'Individual"means one human being. to reads (e) "Statewide elective office"means the office of Governor, Lieutenant Governor, Attorney General, Controller, Treasurer, Secretary of State, Superintendent of Public CHAPTER 5. ANTI-CORROPTioN Acr OF 1996 Instruction,Justices of the Supreme Court,and Insurance Commissioner,and any other office Article 1. Applicability,Definitions,and Amendment for which all registered voters of the state are entitled to vote in a general election. 85100. This chapter shall be known and maybe cited as the Anti-Corruption Act of 1996. (f) "Voting age population"means the population of the state, city, county, or other 101. The people find and declare as follows: electoral district aged 18 years or over as determined by the United States Secretary of 85 85Our representative system of democracy has been distorted by the increasing role of Commerce.If for any reason no such determination is made,the commission shall from time money in the process.The interests of average voters are not represented in a process which to time determine the voting age population from the best readily available sources of favors candidates who can raise and spend huge sums of money from narrow interests rather information. than those candidates who represent a broad base of community support. Article 2. Candidacy (b) Politicians have failed to impose rules which are sufficient to govern campaign 85200. (a) Prior to the solicitation or receipt of any contribution or loan,an individual spending,contributions,and lobbyists to prevent corruption.In the past seven years, the who intends to be a candidate for an elective office shall file with the commission and with people have witnessed many Members of the Legislature,their staffs,and lobbyists convicted the local filing officer,if any,with whom he or she is required to file campaign statements of bribery and other forms of corruption in which campaign contributions have been linked to pursuant to Section 84215,a statement signed under penalty of perjury of the intention to be official actions.Past and current laws did not and do not prevent corruption,therefore the a candidate for office and identifying that specific office. people need the strictest measures possible to prevent corruption in the future. (b) A candidate shall establish one campaign contribution account at an office of a (c) Large contributions to political committees and political campaigns have a corrupting financial institution located in the-state.Within 10 calendar days of establishing this account, or potentially corrupting influence on the policymaking and electoral process,resulting in an the name and address of the financial institution and the account number shall_be filed with elections process that distances voters from candidates.Over 90 percent of the money raised the commission and with the local filing officer,if any,with whom he or she is required to file by California candidates for public offices comes in contributions of one hundred dollars campaign statements pursuant to Section 84215. ($100)or more. (c) All contributions or loans made to the candidate,or to the candidate's controlled (d) Candidates generally do not seek financial support from people in the district that the committee,shall be deposited into the account established pursuant to subdivision(b).Any candidates seek to represent.State legislators raise over 90 percent of their contributions personal funds of the candidate that will be used to promote the election of the candidate from people and interests who live outside their district. shall be deposited into the account.All campaign expenditures shall be made from the (e) Candidates are increasingly reliant on campaign contributions from groups and account. individuals with a specific financial stake in matters before state and local governments. (f) While spending on political campaigns has escalated,citizen participation in the Article 3. Contribution Limitations political process has declined, and the people know too little about the issues or the 85301. (a) No person, except a Citizen Contribution Committee, shall make to a particular positions of candidates for elective office.Limits on campaign spending will relieve candidate,and no candidate shall accept,a contribution or contributions with an aggregate candidates and officeholders from the need for fundraising.The conduct of both political value in excess of the following: campaigns and governance thereby will be improved.Campaign expenditures have risen by (1) One hundred dollars($100)per election per candidate other than candidates for 4,000 percent since 1958.The increase has consisted principally of contributions from special statewide elective office and the Board of Equalization. interests. (2) Two hundred dollars($200)per election per candidate for statewide elective office (g) The United States Supreme Court based its decision in Buckley v Valeo,46 L.Ed.2d and the Board of Equalization. 659,on a concern that spending limits could restrict political speech, "by reducing the (b) No person shall make one or more contributions to any other person for the purpose of number of issues discussed,the depth of their exploration,and the size of the audience contributing to a specific candidate,which when added together,or when added together with reached."The People's experience with the electoral process is otherwise.In California contributions made directly to the candidate by the first person,will have an aggregate value elections,unlimited spending has not increased the reach of issues to more voters.Instead, in excess of the limits stated in this section. money has drowned and distorted political discourse. (c)Nothing in this chapter shall prohibit independent expenditures by a person. (h) Current campaign financing arrangements,with the actual and perceived preferential (d) Nothing in this chapter shall prohibit a candidate from making a contribution or access to lawmakers for special interests capable of contributing sizeable sums to lawmakers' contributions of his or her personal funds to his or her own controlled committee in excess of campaigns,have provoked public disaffection with elective government. the limits in this section,except that a candidate's expenditure of personal funds.in the (i) Lobbyists have a specific financial stake in legislation and policy and have a aggregate shall not exceed the limitations set forth in Section 85401 to the extent that section corrupting or potentially corrupting effect on elections when they make contributions to is in effect. candidates for elective office in an executive or legislative body in which they also lobby. (e) This chapter shall not prohibit the state or a local jurisdiction from establishing lower (j) Political parties are increasingly controlled by large special interest contributors. contribution limitations than those set forth in this chapter. Political parties respond less to average voters'needs and deter voter participation in (f) For purposes of this section,primary,general, special, and runoff elections are political organization. separate elections. 85102. The people enact this chapter to accomplish the following purposes: 85302. A Citizen Contribution Committee shall be permitted to make a contribution or (a) To restore trust and integrity in the state's elections and governing institutions. contributions to a candidate,and a candidate shall be permitted to accept contributions from (b) To eliminate corruption and the perception of corruption by reducing the influence of a Citizen Contribution Committee to the extent that such contributions do not exceed the large contributions from individuals and groups with a specific financial stake in matters maximum amount of what 100 individuals can contribute to a candidate,as set forth in before state and local governments. Section 85301. (c) To ensure,by severing the link between lobbying and campaign fundraising, that 85303. No person shall make to any committee,and no committee shall accept from any individuals and interest groups have an opportunity to participate in elections and governing. person,one or more contributions with an aggregate value in excess of two hundred dollars (d) To improve the disclosure of contribution sources in reasonable and effective ways in ($200)in any calendar year per committee.This provision shall not apply to contributions to order to prevent corruption and the appearance of corruption of elections and candidates. candidates,Citizen Contribution Committees,or political parties or to contributions which (e) To improve citizen participation in elections by making elected officials and political are otherwise prohibited by law parties more accountable to constituents than to special interest groups, thereby fostering 85304. (a) No person,except a Citizen Contribution Committee,shall make to a state or competition and encouraging greater grassroots participation in political organization. local political party organized under the laws of this state for the purpose of making (f) To relieve candidates for elective office and elected officers from the burdens of contributions directly or indirectly in connection with state or local elections in California, excessive fundraising,thereby providing greater opportunity for public debate and political one or more contributions with an aggregate value in excess of six hundred dollars($600)per discourse. calendar year per political party.No state or local political parry organized under the laws of 85103. Unless the term is defined specifically in this chapter or the contrary is stated or this state shall accept from a person,except a Citizen Contribution Committee,for the clearly applies from the context, the definitions set forth in this title shall govern the purpose of making contributions directly or indirectly in connection with state or local interpretation of this chapter. This chapter shall be construed liberally to achieve its elections in California,one or more contributions with an aggregate value in excess of six purposes.Nothing in this chapter shall exempt any person from the applicable provisions of hundred dollars($600)in any calendar year per political party. The limitations of this this title or of any other law.Nothing in this chapter shall be construed to apply to the subdivision shall apply to contributions for generic activities which do not identify a specific activities of any candidate,or committee,or to any election that is specifically subject to the candidate as well as to get-out-the-vote,voter file maintenance and all other activities of the Federal Election Campaign Act of 1971,as amended political party in connection with state or local elections in California.Nothing in this 85104. The following terms as used in this chapter have the following meanings: subdivision shall be read to prohibit a Citizen Contribution Committee from making (a) "Candidate"means that term as defined in Section 82007. contributions to a political party to the extent that such contributions do not exceed the (b) "Committee"means that term as defined in subdivision(a)or(c)of Section 82013,but maximum amount of what 100 persons can contribute to a political party,as set forth above. shall not include a candidate,as defined in subdivision(a)of this section,and shall not The limitations of this subdivision shall not apply to contributions to the Voter Registration 96 G96 � . S Fund of a state or local political party established under subdivision(b). or her own controlled committees, so long as each transfer complies with both of the (b) A state or local political party shall be permitted to establish a Voter Registration following: Fund for the exclusive purpose of conducting non-candidate-specific, partisan voter (1) The transferring committee makes each transfer on a per-contribution basis in reverse registration activities in California.No person shall be permitted to make,nor shall a state or chronological order of the contributions it received, beginning with the most recent local political party organized under the laws of this state accept,contributions which when contributor to the transferring committee. aggregated total more than five thousand dollars($5,000)per person in any calendar year (2) No transfer, either by itself,or when added to any contribution made by the same to the Voter Registration Fund. Any administrative or other costs associated with a contributor to the committee receiving the contribution,shall exceed the amount the same communication to solicit or otherwise direct contributions to the Voter Registration Fund contributor is otherwise permitted,pursuant to this chapter,to contribute to the committee shall be permitted to be paid through the Voter Registration Fund to the extent that the receiving the transferred contribution. communication has as its principal purpose to register voters in California. 85309. (a)A loan to a candidate or a candidate's controlled committee for the purpose 85305. The following shall apply to limit the amount of aggregate contributions: of seeking elective office by a commercial lending institution in the normal course of business (a) No individual shall make contributions with an aggregate value of more than two shall not be subject to this chapter and shall be made by written instrument from the maker of thousand dollars($2,000)per calendar year to all state and local candidates,committees, the loan.A loan by a commercial lending institution shall be made to a candidate bearing-the and state or local political parties organized under the laws of this state for the purpose of usual and customary interest rate of the lending institution.If the loan is made other than by making contributions directly or indirectly in connection to state or local elections in a commercial lending institution in the normal course of business,then.the terms of the loan California. Of this aggregate amount, an individual shall contribute no more than one shall be in writing and provide for payment of at least 80 percent of the prevailing thousand dollars ($1,000)per calendar year to committees other than political party commercial market rate of interest on the loan.All loans shall provide for satisfaction of the committees.The limitations of this subdivision shall not apply to contributions to the Voter loan not later than 30 days after the election for which the candidate has filed or declared. Registration Fund established by a state or local political party. (b) Extensions of credit for a period of more than 30 calendar days,other than by loans, (b) No person shall make contributions with an aggregate value of more than ten thousand are considered to be contributions and are subject to the contribution limitations of this dollars($10,000)per calendar year to all state and local candidates,committees,and state chapter. and local political parties organized under the laws of this state for the purpose of making (c) No candidate shall personally loan to his or her campaign money,goods,or services contributions directly or indirectly in connection with state or local elections in California. that have an aggregate value at any one point in time of more than ten thousand dollars The limitations of this subdivision shall not apply to individuals or Citizen Contribution ($10,000)or more than twenty-five thousand dollars($25,000)in the case of a candidate for Committees. Governor. Nothing in this section shall prohibit or restrict a candidate from making 85306. (a) For purposes of seeking elective office,a candidate may not accept more than contributions,other than loans,to his or her own campaign from the personal funds of the 25 percent of his or her total dollar value in contributions from individuals who at the time of candidate. their contribution were not of the voting age population of the electoral district of the elective 85310. (a) For purposes of this chapter,a contribution made by a married person shall office sought by the candidate. The limitations of this subdivision shall not apply to funding not also be considered a contribution by that person's spouse. provided by federal,state,or local government for purposes of campaigning for an elective (b) Contributions by children under the age of 18 years shall be treated as contributions office. by their parents or guardians. (b) Contributions to candidates from persons,other than individuals,shall be treated as 85311. Any candidate or committee that accepts a contribution made in violation of contributions from individuals who are not of the voting age population of the electoral Section 85301,85302,85303,or 85304 shall,not later than 30 days after knowing or having district of the elective office sought by the candidate. When aggregated with contributions reason to know of that violation, deposit an amount equivalent to the value of that from individuals who are not of the voting age population of the electoral district as contribution into the Anti-Corruption Act of 1996 Enforcement Fund established by the described in subdivision(a),such contributions from persons,other than individuals,shall commission to enforce the provisions of this chapter.If a candidate or committee fails to make not total more than 25 percent of the total dollar value of the candidate's contributions.This this payment within the 30-day period,the candidate or committee shall have violated this subdivision shall not apply to contributions from a Citizen Contribution Committee section.The remedies set forth in Chapter 3(commencing with Section 83100)and Chapter established and maintained within the electoral district of the candidate and 100 percent of 11(commencing with Section 91000)shall apply to violations of this section, except that whose membership comprises individuals who at the time of their contribution were of the when the commission or a court of law assesses a monetary penalty in an administrative or voting age population of the electoral district of the elective office sought by the candidate, civil action for a violation of this section the amount of the monetary penalty shall be three . For the purposes of this subdivision only, membership less than 100 percent shall not times the value of the contribution the candidate or committee failed to pay to the commission constitute a violation of this provision to the extent that such membership meets the de as required by this section. The statute of limitations shall not apply to this provision. The minimis requirements for membership as set forth in this subdivision. monetary penalty shall be distributed in accordance with Section 91009.Notwithstanding (c) The percentage of contributions from individuals in subdivision(a)and persons in Section 13340,the moneys deposited into the Anti-Corruption Act of 1996 Enforcement Fund subdivision(b)shall be reported by the candidate on any campaign statement required to be are hereby appropriated to the commission for the purpose of enforcing the provisions of this fled by the candidate pursuant to Chapter 4(commencing with Section 84100).If any title. campaign statement filed by a candidate pursuant to Chapter 4(commencing with Section 85312. No candidate shall solicit or accept a contribution from, or arranged or 84100)indicates,or should indicate,that more than 25 percent ofthe candidate's total dollar transmitted by,a lobbyist or lobbying firm and no lobbyist or lobbying firm shall make, value in contributions is from persons who at the time of their contribution were not,pursuant arrange,or transmit in any way a contribution to a candidate if that lobbyist or lobbying firm to subdivisions(a)and(b),individuals of the voting age population of the electoral district of is required to register as a lobbyist or lobbying firm either pursuant to Chapter 6 the elective office sought by the candidate,there shall be a violation of this title. (commencing with Section 86100)or under any other provision of state or local law for the (I) When contributions to a candidate exceed the limits of this section by 10 percent or governmental agency or body in which that candidate holds office or to which that candidate less of the maximum permissible dollar value, the remedies set forth in Chapter 3 is seeking election. (commencing with Section 83100)and Chapter 11(commencing with Section 91000)shall 85313. (a) Within 90 days after a candidate withdraws from,is defeated in an election apply,except that,when the commission or a court of law assesses a monetary penalty in an for,or is elected to,an office for which the candidate has filed a statemeht of intention to be a administrative or civil action for this violation,the amount of the monetary penalty shall be candidate for elective office pursuant to Section 85200,the candidate shall distribute the equal to the amount by which the contributions exceeded the limit. balance of campaign funds raised for that election that is in excess of the expenses for the (2) When contributions to a candidate exceed the limits of this section by more than 10 election on a pro rata basis to the candidate's contributors or turn over the excess to the percent of the maximum permissible dollar value, the remedies set forth in Chapter 3 Anti-Corruption Act of 1996 Enforcement Fund for the purposes of enforcing this title. (commencing with Section 83100)and Chapter 11(commencing with Section 91000)shall (b)Any excess campaign funds may be used to pay reasonable attorney's fees and other apply,except that,when the commission or a court of law assesses a monetary penalty in an costs in connection with enforcement proceedings against the candidate or legal challenge to administrative or civil action for this violation,the amount of the monetary penalty shall be election results. All funds so expended shall be publicly disclosed pursuant to the three times the amount by which the contributions exceeded the limit,or ten thousand dollars requirements of Chapter 4(commencing with Section 84100)and shall be exempt from the ($10,000),whichever is greater attorney-client or any other privilege for nondisclosure. (3) The monetary penalty shall be distributed in accordance with Section 91009. (c)No contributions may be solicited for the purpose of paying attorney's fees as provided Notwithstanding Section 13340,the moneys deposited into this fund are hereby appropriated in subdivision(a),except to the extent that the contributions have been raised within the to the commission for the purpose of enforcing the provisions of this title. limitations and restrictions of this chapter. 85307. (a) No candidate shall accept or solicit contributions more than nine months 85314. (a) It shall be unlawful for: before the election for the office for which the candidate has filed his or her statement of (1)Any business entity, labor organization, state or national bank, or nonprofit intention to be a candidate for elective office pursuant to Section 85200.The commission,or corporation organized by authority of any law of Congress or any state to make a local elections authority designated by the commission in the case of local elections,shall for contribution for the purpose of influencing an election to any elective office or for the each election designate the date on which a candidate may begin to accept or solicit purpose of influencing any primary election or political convention or caucus held to select contributions. I candidates for any elective office. (b)No candidate shall solicit contributions after the date of the general or runoff election (2)Any candidate or person knowingly to accept or receive any contribution prohibited by for the office to which the candidate sought election.No candidate shall accept contributions this section. more than 30 calendar days after the date of the general or runoff election for the office to (3)Any officer or any director of any business entity,labor organization,state or national which the candidate sought election. bank,or nonprofit corporation organized by authority of any law of Congress or any state to (c) For purposes of this chapter,all contributions shall be deposited in the candidate's consent to any contribution by any business entity,labor organization,state or national bank, campaign account within 10 calendar days after they are received or,in the alternative,shall or nonprofit corporation prohibited by this section. be returned to the contributor. Contributions so deposited shall be deemed to have been (b) The remedies set forth in Chapter 3(commencing with Section 83100)and Chapter 11 accepted by the candidate. (commencing with Section 91000)shall apply to any business entity,labor organization,state 85308. (a) No candidate may make any contribution to any other candidate who has or national bank,or nonprofit corporation that violates this section,except that,when the established a candidate account pursuant to Section 85200. commission or a court of law assesses a monetary penalty in an administrative or civil action (b) This section shall not prohibit a candidate from making a contribution from his or her for a violation of this section,the amount of the monetary penalty shall be three times the own personal funds either to his or her own candidacy,to the controlled committee of any amount contributed or expended in violation of this section or ten thousand dollars($10,000), other candidate for elective office,or to a recall or ballot measure committee. whichever is greater. (c) This section shall not prohibit a candidate from transferring contributions among his (c) In addition to any other administrative or civil remedy applicable under this title,any G96 97 officer, director, attorney, accountant, or other agent of the business entity, labor or less of the expenditure limit shall be in violation of this section and required to repay the organization,state or national bank,or nonprofit corporation violating any provision of this excess amount to contributors on a pro rata basis or pay the excess amount to the section or authorizing the violation of this section,or any person who violates or in any way Anti-Corruption Act of 1996 Enforcement Fund.In addition,the remedies set forth in Chapter knowingly aids or abets the violation thereof,is guilty of a misdemeanor and,in addition to 3(commencing with Section 83100)and Chapter 11(commencing with Section 91000)shall any other criminal penalties provided by law,a fine of not more than ten thousand dollars apply to violations of this section covered by this subdivision, except that, when the ($10,000)may be imposed upon conviction for each violation. commission or a court of law assesses a monetary penalty in an administrative or civil action (d) Nothing in this section shall prohibit the employees,shareholders,or members of any for such a violation,the amount of the monetary penalty shall be three times the amount by business entity,labor organization,state or national bank,or nonprofit corporation organized which the candidate exceeded the expenditure limit.The monetary penalty shall be distributed under the authority of Congress or the laws of any state from establishing a committee that in accordance with Section 91009.Notwithstanding Section 13340,the moneys deposited into operates free of any support from any business entity,labor organization,state or national the Anti-Corruption Act of 1996 Enforcement Fund are hereby appropriated to the bank,or nonprofit corporation organized under the authority of Congress or the laws of any commission for the purpose of enforcing the provisions of this title. state,subject to the limitations otherwise provided in this chapter. (g)A candidate who exceeds the limitations in subdivisions(a)through(d)by greater than (e) Nothing in this section shall prohibit a business entity,labor organization,state or 10 percent of the expenditure limit shall be in violation of this section and required to repay national bank,or nonprofit corporation organized under the authority of Congress or the the excess amount to contributors on a pro rata basis or pay the excess amount to the laws of any state from providing indirect support to any Citizen Contribution Committee Anti-Corruption Act of 1996 Enforcement Fund.In addition,the remedies set forth in Chapter which receives contributions totaling five thousand dollars($5,000)or less per calendar year. 3(commencing with Section 83100)and Chapter 11(commencing with Section 91000)shall (f) Nothing in this section shall prohibit a business entity, labor organization,state or applyto violations of this section covered by this subdivision, except that, when the national bank,or nonprofit corporation organized under the authority of Congress or the commission or a court of law assesses a monetary penalty in an administrative or civil action laws of any state from providing indirect support to any committee,except a political party or for such a violation,the amount of the monetary penalty shall be three times the amount by candidate,for administration and compliance.Such support shall not include fundraising or which the candidate exceeds the expenditure limit or twenty thousand dollars($20,000), related activity,except as provided in subdivision(g). whichever is greater.The monetary penalty shall be distributed in accordance with Section (g) Nothing in this section shall prohibit a business entity, labor organization,state or 91009.Notwithstanding Section 13340,the moneys deposited into the Anti-Corruption Act of national bank,or nonprofit organization organized under the authority of Congress or the 1996 Enforcement Fund are hereby appropriated to the commission for the purpose of laws of any state from providing indirect support to any committee,except a political party or enforcing the provisions of this title. candidate,for.fundraising or related activity to the extent that such support is in the (h) In the event that the expenditure limitations set forth in this section are not in effect, aggregate 20 percent or less of the contributions received by that committee per calendar Sections 85402 through 85404 shall apply. year. 85402. (a) Each candidate for elective office shall file,with the Secretary of State and (h) Nothing in this section shall prohibit a business entity,labor organization,state or the commission or the local elections authority designated by the commission for local national bank,or nonprofit corporation organized under the authority of Congress or the elections, a statement as to whether or not the candidate will abide by the voluntary laws 6fthis state,which sponsors a committee,from making an expenditure that qualifies as a expenditure limitations set forth in Section 85403 before accepting any contributions or loans contribution under this act so long as the business entity,labor organization,state or national for his or her campaign. bank,or nonprofit corporation is reimbursed by its sponsored committee within 30 days of (b) The declaration of intent to abide by or reject the voluntary expenditure limitations making the payment. filed pursuant to this section shall be under penalty of perjury and certify that,with respect to (i) This section shall not apply to elections to federal office under the jurisdiction of the the election for the office sought by the candidate, the candidate will or will not incur Federal Election Campaign Act of 1971,as amended. expenditures in excess of the applicable expenditure limitation. 85315. Nothing in this act shall prohibit a labor organization,state or national bank, (c) The Secretary of State shall prescribe the form for filing the information required by business entity, nonprofit corporation, or committee from paying the costs of internal this section,which shall include,but not be limited to,all of the following: communications with its members,employees,or shareholders for the purpose of supporting (1) The name of the candidate by which he or she is commonly known and by which he or or opposing a candidate or candidates for elective office or a ballot measure. Such she transacts private or official business. expenditures shall not be considered a contribution or independent expenditure under the (2) The mailing address of the residence of the candidate. provisions of this act,provided such payments are not for the costs of campaign materials (3)A signed declaration by the candidate,under penalty of perjury,stating whether or not used in connection with broadcasting,newspaper,billboard,or similar type of general public he or she will abide by the voluntary expenditure limitations set forth in Section 85403. communication. (4) The applicable voluntary expenditure limitation for that office. 85316. Contributions made directly or indirectly to or on behalf of a particular candidate (5) Other information as may be determined by the commission. through an intermediary or conduit shall be treated as contributions from the contributor and (d)A candidate for elective office who files the statement of acceptance of the voluntary the intermediary or conduit to the candidate for the purposes of this limitation unless the expenditure limitations prescribed in Section 85403 and who, subsequent to filing the intermediary or conduit is one of the following: statement of acceptance,exceeds the prescribed limits shall be subject to the following: (a) The candidate or representative of the candidate receiving contributions on behalf of (1) If the amount by which the candidate exceeds the prescribed limits is less than 5 the candidate;provided,however,that the representative shall not include the following percent of the expenditure limit,the candidate or his or her controlled committee shall be persons: required to repay the excess amounts to contributors on a pro rata basis or pay the excess (1)A committee other than the candidate's campaign committee. amount to the Anti-Corruption Act of 1996 Enforcement Fund not later than 10 days after the (2)An officer,employee,or agent of a committee other than the candidate's campaign election.No further administrative,civil,or criminal penalty shall be imposed against a committee. candidate who complies with this paragraph.Otherwise,the remedies set forth in Chapter 3 (3) A person registered as a lobbyist with the governmental agency for which the (commencing with Section 83100)and Chapter 11(commencing with Section 91000)shall candidate is running or is an officeholder apply to violations of this paragraph. (4) An officer,employee, or agent of a labor organization, business entity, or other (2) If the amount by which the candidate exceeds the prescribed limits is 5 percent to less organization acting on behalf of the labor organization,business entity,or other organization. than 10 percent of the expenditure limit,the candidate shall be in violation of this section and (b)A volunteer,who otherwise does not fall under subdivision(a),hosting a fundraising required to repay the excess amounts to contributors on a pro rata basis or deposit the event outside and away from the volunteer's place of business. amount to the Anti-Corruption Act of 1996 Enforcement Fund not later than 10 days after the (c)A professional fundraiser. election.In addition,the remedies set forth in Chapter 3(commencing with Section 83100) 85317. No person appointed to a public board or commission or as Trustee of the and Chapter 11(commencing with Section 91000)shall apply to violations of this section California State University or Regent of the University of California during tenure in office covered by this paragraph,except that,when the commission or a court of law assesses a shall donate to,or solicit or accept any campaign contribution for,any committee controlled monetary penalty in an administrative or civil action for such a violation,the amount of the by the person who made the appointment to that office or any other entity with the intent that monetary penalty shall be equal to two times the amount by which the candidate exceeds the the recipient of the donation is the committee controlled by the person who made the expenditure limit.The monetary penalty shall be distributed in accordance with Section appointment. 91009.Notwithstanding Section 13340,the moneys deposited into the Anti-Corruption Act of 1996 Enforcement Fund are hereby appropriated to the commission for the purpose of Article 4.. Expenditure Limitations enforcing the provisions of this title. 85401. (a)A candidate for State Assembly shall not make expenditures for the primary (3) If the amount by which the candidate exceeds the prescribed limits is 10 percent or or special primary election which exceed an amount equal to seventy-five thousand dollars more of the expenditure limit,the candidate shall be in violation of this section and required ($75,000)and for the general,special,or special runoff election which exceed one hundred to repay the excess amount to contributors on a pro rata basis or pay the excess amount to the fifty thousand dollars($150,000). Anti-Corruption Act of 1996 Enforcement Fund not later than 10 days after the election.In (b)A candidate for State Senate and Board of Equalization shall not make expenditures addition,the remedies set forth in Chapter 3(commencing with Section 83100)and Chapter for the primary or special primary election which exceed an amount equal to one hundred 11(commencing with Section 91000)shall apply to violations of this section covered by this fifteen thousand dollars($115,000)and for the general,special,or special runoff election paragraph,except that,when the commission or a court of law assesses a monetary penalty which exceed two hundred thirty-five thousand dollars($235,000). in an administrative or civil action for such a violation,the amount of the monetary penalty (c)A candidate for statewide office,other than Governor,shall not make expenditures for shall be equal to three times the amount by which the candidate exceeds the expenditure limit. the primary or special primary election which exceed an amount equal to one million two The monetary penalty shall be distributed in accordance with Section 91009.Notwithstanding hundred fifty thousand dollars($1,250,000)and for the general,special,or special runoff Section 13340,the moneys deposited into the Anti-Corruption Act of 1996 Enforcement Fund election which exceed one million seven hundred fifty thousand dollars($1,750,000). are hereby appropriated to the commission for the purpose of enforcing the provisions of this (d)A candidate for Governor shall not make expenditures for the primary or special title.In addition,the candidate,in the manner prescribed by the commission but at no cost to primary election which exceed an amount equal to two million dollars($2,000,000)and for the public, shall notify all eligible voters for that election that he or she exceeded the the general,special,or special runoff election which exceed five million dollars($5,000,000). expenditure limit. (e)Any local jurisdiction,municipality,or county shall establish expenditure limitations (e) The provisions of this section shall apply only in the event that Section 85401 is not in for candidates and controlled committees of such candidates for elective office not to exceed effect. forty cents($0.40)per election per individual of the voting age population of the local 85403. A candidate for elective office may file a voluntary declaration with the Secretary jurisdiction,municipality,or county. of State and the commission stating that he or she agrees to abide by voluntary spending (f)A candidate who exceeds the limitations in subdivisions(a)through(d)by 10 percent limits as follows: 98 G96 -v.s (a) A candidate for State Assembly agrees not to make expenditures for the primary or to the office sought by the candidate making expenditures or obligations for expenditures of special primary election which exceed an amount equal to seventy-five thousand dollars personal funds. Such notification shall be made at each expenditure of 10 percent of the ($75,000)and for the general,special,or special runoff election which exceed one hundred expenditure limitations set forth in Section 85401 or 85403, whichever is in effect. The f fly thousand dollars($150,000). notification shall occur within 12 hours of expenditures or obligations for expenditures under (b) A candidate for State Senate and Board of Equalization agrees not to make this subdivision. expenditures for the primary or special election which exceed all amount equal to one 85407. (a) For purposes of this chapter, "independent expenditure" means an hundred fifteen thousand dollars($115,000)and far the general,special,or special runoff expenditure for an advertisement or other communication that: (1) contains express election which exceed two hundred thirty-five thousand dollars($235,000). advocacy;and(2) is not made at the behest of a candidate or a candidate's agent or (c) A candidate for statewide office,other than Governor,agrees not to make expenditures arranged,coordinated,or directed by the candidate or the candidate's agent. for the primary election which exceed an amount equal to one million two hundred fifty (b) For purposes of this chapter, the following expenditures are not independent thousand dollars($1,250,000)and for the general election which exceed one million seven expenditures and,unless an exception is otherwise set forth in this title,shall be considered hundred fifty thousand dollars($1,750,000). contributions to a candidate if they result in communications that expressly advocate that (d) A candidate for Governor agrees not to make expenditures for the primary election candidate's election or the defeat of that candidate's opponent: which exceed an amount equal to two million dollars($2,000,000)and for the general, (1)An expenditure made by a political party. special,or special runoff election which exceed five million dollars($5,000,000). (2) An expenditure in which there is any arrangement, coordination,or direction with (e) Any local jurisdiction,municipality,or county may establish voluntary expenditure respect to the expenditure between the candidate or the candidate's agent and the person limitations for candidates and controlled committees of such candidates for elective office not making the expenditure. to exceed forty cents($0.40)per election per individual of the voting age population of the (3) An expenditure in which,in the calendar year in which the election is to be held,the local jurisdiction,municipality,or county. person making the expenditure is or has been:(A)authorized to raise or expend funds on (() The provisions of this section shall apply only in the event that Section 85401 is not in behalf of the candidate or the candidate's controlled committee;or(B)serving as a member, effect• employee,or agent of the candidate's controlled committee in an executive or policymaking 85404. (a) For each candidate for statewide elective office who,pursuant to Section position. 85402,has agreed to abide by the voluntary expenditure limitations in Section 85403,the (4) An expenditure in which the person making the expenditure retains the professional Secretary of State shall publish,at no charge to the candidate,the information set forth in services of any individual or other person who is also providing professional services in the subdivision(e).Publication shall be!Wade in the state ballot pamphlet. same election to the candidate in connection with the candidate's pursuit of nomination for (b) For each candidate for state legislative office or Board of Equalization who,pursuant election,or election,to office,including any services relating to the candidate's decision to to Section 85402,has agreed to abide by the voluntary expenditure limitations in Section seek office. "Professional services"shall include any services in support of any candidate's 85403,the Secretary of State shall publish,at no charge to the candidate,the information set pursuit of nomination for election,or election,to office. forth in subdivision(e).to conjunction with the applicable local elections official,publication (c) For purposes of this section, the person making the expenditure shall include any shall be made in the local ballot pamphlet,unless,but for this subdivision,no local ballot officer,director,employee,or individual involved in making the expenditure for purposes of pamphlet will be issued in conjunction with that election,in which case this subdivision shall this subdivision. not apply. The Secretary of State shall bear the pro rata cost of printing, handling, (d) For purposes of this chapter, "express advocacy"means a communication which when translating,and mailing the local ballot pamphlet for state legislative office or Board of taken as a whole and with limited reference to external events is an expression of support for, Equalization. or opposition to,the election of a clearly identified candidate,a specific group of candidates, . (c) For each candidate for local office who,pursuant to Section 85402,has,agreed to or candidates of a particular political party abide by the voluntary expenditure limitations in Section 85403,the local elections official (e)Any independent expenditure is not,considered a contribution to or an expenditure by shall publish,at no charge to the candidate, the information set forth in subdivision(e). or on behalf of the candidate with whom it is identified for the purposes of the limitations Publication shall be made in the local ballot pamphlet,unless,but for this subdivision,no specified in this chapter local ballot pamphlet will be issued in conjunction with that election, in which case this (f) Any person who violates this section shall be strictly liable under Chapter 11 subdivision shall not apply. (commencing with Section 91000). (d) For each candidate who does not agree to comply with the voluntary expenditure 85408. (a) Any person who makes independent expenditures in support of or in limitations in Section 85403,the Secretary of State or local elections official,as applicable, opposition to a clearly identified candidate in the aggregate amount of one thousand dollars shall only publish the information sec forth in subdivision(e)on behalf of that candidate if the ($1,000)or more per election shall notify the filing officer and all candidates running for the candidate pays, in a timely manner prescribed by the Secretary of State or local elections same office within 24 hours by facsimile transmission or other electronic medium prescribed official, an amount equal to the pro rata or incremental costs of printing, handling, by the commission or local elections authority designated by the commission, and by translating,mailing,and related costs in providing the information in the applicable ballot overnight deliveryfor each subsequent independent expenditure that is five thousand dollars pamphlet.However,if pursuant to subdivision(b)or(c)no ballot pamphlet otherwise will be ($5,000)or more. mailed in conjunction with that election,this subdivision shall not apply. (b) No person,except a Citizen Contribution Committee,shall contribute more than two (e) The information to be published pursuant to subdivisions(a),(b),(c),and(d)shall be hundred dollars($200)to any committee which makes independent expenditures greater than as follows: one thousand dollars($1,000)per election in support of or in opposition to a clearly (1) The candidate's name,address,and the elective office sought by the candidate. identified candidate.A Citizen Contribution Committee shall be limited to contributing to any (2)A.statement of not more than 200 words submitted by the candidate,setting forth the committee which makes independent expenditures greater than one thousand dollars($1,000) candidate's background,qualifications,and priorities. The statement may also include a per election in support of or in opposition to a clearly identified candidate no more than the photograph of the candidate. maximum amount that can be contributed by 100 individuals to such committee. (3) A list submitted by the candidate of not more than a total of five individuals,. .. 85409. Upon filing a statement of organization under Section 84101,a committee shall candidates,or organizations who have endorsed the candidate.The candidate shall provide be charged a registration fee of one hundred dollars ($100)per calendar year. This 1 to the Secretary of State or local elections official,as applicable,a statement of endorsement registration fee shall be paid to the Secretary of State for the purpose of administering this on the letterhead or with the authorized signature of each endorser to be listed. chapter. (4)A statement,in boldface type equal in size to that used for the candidate's name,as LOBBYIST PROVISIONS follows: "Candidate accepted voluntary spending limits approved by the voters in 1996';or i in the case of a candidate who does not accept the voluntary spending limits as follows: SEC. 3. Section 82039 of the Gmemment Code is repealed. 1 "Candidate did not accept voluntary spending limits approved by the voters in 1996." 822939. 9:obbgist"means arty individual who is employed ar eontraets for tcotretttie (j) The local elections official shall,in consultation with and in a manner prescribed by consideration,ether than reimbnrsemettt for reasonable travel txpens S,,to cattttrmnieate the Secretary of State,designate on the ballot those candidates who,pursuant to Section directly or through his or her agents with arty elective state official;agency official or i 85402,have agreed to comply with the voluntary expenditure limitations in Section 85403. legislative official far the prtrpose of irrFfttencing legislative or administrative aetimr,if a f These candidates shall be identified by placing an asterisk(*)next to their names on the mbstantial or regnlar portion of the activities for which hear she receives consideration is for f ballot,and each page of the ballot shall contain the following statement: "*Candidatethe purpose of influencing legislative or adminisdatire action.My individual is a lobbyist by accepted voluntary spending limits approved by the voters in 1996."Alternatively,candidates reason of activities described in Section 86300. r who do not accept the voluntary spending limits shall be identified by placing a double SEC. 4. Section 82039 is added to the Govemment Code,to read: d asterisk(**)next to their names on the ballot and each page of the ballot shall contain the 82039. "Lobbyist"means any individual who either receives five hundred dollars($500) e following statement:"**Candidate did not accept voluntary spending limits approved by the or more in any calendar month per calendar year in economic consideration from another n voters in 1996." person,or who,regardless of any economic consideration,is an employee,professional,or ,r (g) The provisions of this section shall apply only in the event that Section 85401 is not in agent,and whose principal and substantial duties in that capacity are, to communicate is effect. directly with any elective state official,agency official,or designated employee as defined in y 85405. The commission shall adjust the expenditure limitations set forth in Section Section 82019 for the purpose of influencing legislative or administrative action. No 85401,or Section 85403 if Section 85401 is not in effect,to reflect changes in the Consumer individual is a lobbyist by reason of activities described in Section 86300.For purposes of lPrice Index for California rounded to the nearest one dollar($1) in January of every this section, reimbursement solely for reasonable travel expenses is not economic ig odd-numbered year after this chapter becomes operative. consideration. For purposes of this section,neither the rule preventing disclosure of an id 85406. A candidate who uses his or her personal funds to seek election shall report attorney's work product nor any privilege against disclosure based on the attorney-client :is expenditures of personal funds to the commission at the first instance that the aggregate relationship shall apply to any required report or disclosure under this title,unless expressly to expenditure or obligation for expenditures of personal funds is 10 percent or more of the required by the United States Constitution or the California Constitution. ie expenditure limitations set forth in Section 85401 or 85403,whichever is in effect.Thereafter, SEC. 5. Section 86102 of the Government Code is amended to read: the aggregate expenditures or obligations for expenditures of personal funds of a candidate 86102. Each lobbying firm and lobbyist employer required to file a registration statement in shall be reported to the commission on the candidate's campaign statement at each under this chapter may shall be charged not!Ware than tvvemy-five dollars($25)one hundred subsequent reporting period.A candidate who makes expenditures of personal funds of 10 dollars($100)per year for each lobbyist required to be listed on its registration statement. percent or more of the expenditure limitations set forth in Section 85401 or 85403,whichever SEC. 6. Section 86203 of the Government Code is amended to read: rig is in effect,during the 10-day period before the day of the election shall notify;by personal 86203. It shall be unlawful for a lobbyist,or lobbying firm,to make gifts to Otte person delivery,facsimile,or other electronic means,the commission and all candidates for election aggregating mere than ten dollars($i-B)in a calendar month;or to act as art agent or 16 G96 99 71, intermedimy in the making of arty gift or to arrange for the making of any gift by any other 83116.5. Any person who violates any pta v isiort of this title, who purposely or persen a gift,to act as an agent or intermediary in the making of a gift,or to arrange for the negligently causes any other person to violate any provision of this title,or who aids and making of a gift by any other person. abets any other person in the violation of any provision of this title,shall be liable under the SEC. 7. Section 17221 is added to the Revenue and Taxation Code,to read: provisions of this chapter title.Provided,however,that However,unless specified otherwise 17221. (a) Notwithstanding Section 17201, no deduction shall be allowed for any in this title,this section shall apply only to persons who have filing or reporting obligations expenses paid or incurred during the taxable year as described in Section 161(e)(1)of the under this title,or who are compensated for services involving the planning,organizing,or Internal Revenue Code, relating to appearances before,submission of statements to, or directing of any activity regulated or required by this title-and that a violation of this section sending communications to,any employee or officer of the legislative branch or the executive shall net constitute an additional violation mer ehaptet i-1 branch of rhe state,or any political subdivision thereof,with respect to any rulemaking or any SEC. 11. Section 84308 of the Government Code is amended to read: quasi-legislative function of the executive branch of the state or any political subdivision 84308. (a) The definitions set forth in this subdivision shalt govern the interpretation of thereof. (b) For purposes of this section,the expenses described by Section 162(e)(1)of the this section. Internal Revenue Code shall include"lobbying expenditures"as defined in Section 4911(c)(1) (1) "Party" means any person who files an application for, or is the subject of, a of the Internal Revenue Code,and shall also include as a "lobbying expenditure"any proceeding involving a license,permit,or other entitlement for use. expenditure incurred in attempting to influence any action of the legislative branch or (2) "Participant'means any person who is not a party but who actively supports or executive branch of any government by communication with any employee,officer,member, opposes a particular decision in a proceeding involving a license,permit,or other entitlement or agency of the executive branch of federal,state,or local government,or any other similar for use and who has a financial interest in the decision,as described in Article 1(commencing governing body. with Section 87 100)of Chapter 7.A person actively supports or opposes a particular decision SEC. 8. Section 24335 is added to the Revenue and Taxation Code,to read: in a proceeding if he or she lobbies in person the.officers or employees of the agency,testifies 24335. (a) No deduction shall be allowed for any expenses paid or incurred in the in person before the agency,or otherwise acts to influence officers of the agency. l taxable year as described in Section 162(e)(1)of the Internal Revenue Code,relating to (3) "Agency"means an agency as defined in Section 82003 except that it does not include appearances before, submission of statements to, or sending communications to, any the courts or any agency in the judicial branch of government,local governmental agencies employee or officer of the legislative branch or the executive branch of the state,or any whose members are directly elected by the voters,the Legislature,the Board of Equalization, f political subdivision thereof,with respect to any rulemaking or any quasi-legislative function or elected constitutional officers.However,this section applies to any person who is a of the executive branch of the state or any political subdivision thereof. member of an exempted agency but is acting as a voting member of another agency. (b) For purposes of this section,the expenses described by Section 162(e)(1)of the (4) "Officer"means any elected or appointed officer of an agency,any alternate to an Internal Revenue Code shall include"lobbying expenditures"as defined in Section 4911(c)(1) elected or appointed officer of an agency,and any candidate for elective office in an agency. of the Internal Revenue Code,and shall also include as a "lobbying expenditure"any (5) "License,permit,or other entitlement for use"means all business,professional,trade expenditure incurred in attempting to influence any action of the legislative branch or and land use licenses and permits and all other entitlements for use,including all entitlements executive branch of any government by communication with any employee,officer member, for land use,all contracts(other than competitively bid,labor,or personal employment or agency of the executive branch of the federal,state,or local government,or any other contracts),and all franchises and includes any proceedings affecting a rate,price,or premium similar governing body, that a licensee,permittee,or person may charge. DISCLOSURE IN CAMPAIGN ADVERTISEMENTS (6) "Contribution"includes contributions to candidates and committees in federal,state, or local elections. SEC. 9. Article 5(commencing with Section 8450 1)is added to Chapter 4 of Title 9 of (b) No officer of an agency shall accept,solicit,or direct a contribution of more than two k the Government Code,to read: hmtdi ed fifty dollars($350)from any party,or his or her agent,or from any participant,or his Article 5. Disclosure in Campaign Advertisements or her agent,while a proceeding involving a license,permit,or other entitlement for use is 84501. (a)"Advertisement"means any general or public advertisement which is pending before the agency and for three months following the date a final decision is rendered j authorized and paid for by a person or committee for the purpose of supporting or opposing in the proceeding if the officer knows or has reason to know that the participant has a one or more ballot measures or an independent expenditure supporting or opposing one or financial interest,as that term is used in Article I(commencing with Section 87100)of more candidates for once. Chapter 7.This prohibition shall apply regardless of whether the officer accepts,solicits,or (b) "Advertisement"does not include a communication from an organization to its directs the contribution for himself or herself,or on behalf of any other officer,or on behalf of 1 members,electronic broadcasts of less than 15 seconds,or other small advertisements as any candidate for office or on behalf of any committee. determined by regulations of the commission. (c) Prior to rendering any decision in a proceeding involving a license,permit or other (c) "Advertisement"includes phone banks where the caller is paid,but not where the entitlement for use pending before an agency,each officer of the agency who received a caller is a volunteer,even if the phone charges are paid by the committee. contribution within the preceding 12 months in an amount of more than two hundred fifty i (d) "Cumulative contributions"means the cumulative contributions to a committee dollars(6350)one hundred dollars($100)from a party or from any participant shall disclose beginning the first day the statement of organization is filed under Section 84101 and ending that fact on the record of the proceeding,No officer of an agency shall make,participate in within seven days of the time the advertisement is sent to the printer,broadcast station,or making,or in any way attempt to use his or her official position to influence the decision in a other person doing the advertising. proceeding involving a license,permit,or other entitlement for use pending before the agency s 84502. (a)Any advertisement as defined in Section 84501 shall include a disclosure if the officer has willfully or knowingly received a contribution in an amount of more than statement identifying tory person whose cumulative contributions are fifty thousand dollars two hundtcd ffty deRazs($250)two hundred dollars($200)within the preceding 12 months >j ($50,000)or more in a statewide campaign,or twenty-five thousand dollars($25,000)or from a party or his or her agent,or from any participant,or his or her agent if the officer tl more in nonstatewide campaigns to the committee placing the advertisement. knows or has reason to know that the participant has a financial interest in the decision,as (b) The disclosure for individuals shall read"major funding by:(name and occupation)." that term is described with respect to public officials in Article 1(commencing with Section The disclosure for nonindividuals shall read "major funding by: (name and business 87 100)of Chapter 7. interest)."The commission shall issue regulations defining "occupation"and"business If an officer receives a contribution which would otherwise require disqualification under interest,"including regulations regarding the omission of the business interest disclosure this section,returns the contribution within 30 days from the time he or she knows,or should when the name of a nonindividual fully describes the business interest. have known,about the contribution and the proceeding involving a license,permit,or other (c)If there are more than three donors of twenty-five thousand dollars($25,000)or more, entitlement for use,he or she shall be permitted to participate in the proceeding. the committee is only required to disclose the highest,second highest,and third highest in (d) A party to a proceeding before an agency involving a license,permit,or other that order.If more than three donors contribute twenty-five thousand dollars($15,000)or entitlement for use shall disclose on the record of the proceeding any contribution in an more in equal amounts, the committee is required to disclose those contributors in amount of more than two hundred fifty dollars(6359)one hundred dollars($100)made 1 chronological order. within the preceding 12 months by the party,or his of her agent,to any officer of the agency, (d) If the committee has received at least one quarter of its cumulative contributions from No party,or his or her agent to a proceeding involving a license,permit,or other entitlement N. outside the jurisdiction where the election is being held,the disclosure shall state "major for use pending before any agency and no participant,or his or her agent,in the proceeding ;k funding from out-of-state(city,county,or district,etc.)contributors." shall make a contribution of more than two handled fifty dollars($350)to any officer of that 84503: (a)Any committee which supports or opposes one or more ballot measures shall agency during the proceeding and for three months following the date a final decision is s� name and identify itself using a name or phrase that clearly identifies the economic or other rendered by the agency in the proceeding.When a closed corporation is a party to,or a jl special interest of its major donors of twenty-five thousand dollars($25,000)or more inany participant in,a proceeding involving a license,permit,or other entitlement for use pending # reference to the committee required by law, including,but not limited to,its statement of before an agency,the majority shareholder is subject to the disclosure and prohibition organization pursuant to Section 84101, requirements specified in subdivisions(b),(c),and this subdivision. (b) If the major donors of twenty five thousand dollars($25,000)or more share a common (e) Nothing in this section shall be construed to imply that any contribution subject to employer,the identity of the employer shall also be disclosed. being reported under this title shall not be so reported.In addition,nothing in this section (e)Any committee which supports or opposes a ballot measure shall print or broadcast its shall be construed to authorize the making or acceptance of any contribution in excess of any !r name as provided in this section as part of any advertisement. contribution limitation set forth in this title.Any violation of the disclosure provisions of ;t (d) If candidates or their controlled committees,as a group or individually,meet the either subdivision(c)or(d)creates a rebuttable presumption that the action shall be void in contribution thresholds for a person,they shall be identified by the candidate's name. an action brought pursuant to Chapter 11(commencing with Section 91000). 84504. Any disclosure statement required by this article shall be printed clearly and SEC. 12. Section 87102 of the Government Code is amended to read: legibly and in a conspicuous manner as defined by the commission,prominently on the front 87102. The requirements of Section 87100 are in addition to the requirements of Articles page of any written advertisement (including outdoor advertisements) or, if the 2(commencing with Section 87200)and 3(commencing with Section 87300)and any t; communication is broadcast or spoken,the information shall be spoken so as to be clearly Conflict of Interest Code adopted thereunder.Except as provided in Section$3-10.2-5,the The audible and understood by the intended public.The commission shall issue regulations to remedies provided in Chapters 3(commencing with Section 83100)and 11 (commencing ensure that all disclosures required by this article shall stand alone,that is,they shall not with Section 91000) shall riot be applicable to elected state officers for violations or have any other words or materials mixed in with them. threatened violations of this article Section 87100 only under the conditions set forth in Sections 87102.5,87102.6,and 87102.8,as applicable. } CONFLICT OF INTEREST SEC. 13. Article 1(commencing with Section 89500)of Chapter 9.5 of Title 9 of the SEC. 10. Section 83116.5 of the Government Code is amended to read: Government Code is repealed. 100 G96 1D. s SEC. 14. Article 2(commencing with Section 89504)of Chapter 9.5 of Title 9 of the appropriate relief.In any action to enforce this title,the court shall award to a plaintiff who Government Code is repealed. prevails his or her costs of litigation,including reasonable attorney's fees.The court may SEC. 15. Article 3(commencing with Section 89506)of Chapter 9.5 of Title 9 of the award to a defendant who prevails his or her costs of litigation, including reasonable Government Code is repealed. attorney's fees,only if the court finds,on the record,that the matter was frivolous,or brought DISPOSITION OF CAMPAIGN FUNDS in bad faith or for some other improper purpose.The provisions of Section 425.16 of the Code SEC. 16. The heading of Article 4(commencing with Section 89510)of Chapter 9.5 of of Civil Procedure shall not apply to any action filed pursuant to this section. Title 9 of the Government Code is amended to read`. (b) Upon a preliminary showing in an action brought by a person residing in the jurisdiction pursuant to this section that a violation of Article 1(commencing with Section Article 4 2. Campaign Funds 87100),Article 4(commencing with Section 87400),or Article 4.5(commencing with SEC. 17. Section 89519 of the Government Code is repealed. Section 87450)of Chapter 7 of this title or of a disqualification provision of a Conflict of 99519. Upon leaving any elected office;or at the end of the postelection reporting period Interest Code has occurred,the court may restrain the execution of any official action in following the defeat of a candidate for elective office whichever occurs last;campaign fronds relation to which such a violation occurred,pending final adjudication.If it is ultimately raised after hnnwq+;+969;under the control of the former candidate or elected officer shalt determined that a violation has occurred and that the official action might not otherwise have be considered 3mpins eampaig" finds and shall be disclosed pursuant to ehapter 4 been taken or approved,the court may set the official action aside as void.The official actions (toitunencirng with Section 84199)and shalt be used only for the fotlmving ptnposes.. covered by this mbsection subdivision include, but are not limited to orders,permits, (al(i)The payment of outstanding emnpaign debts or elected offices expenses. resolutions and contracts,but do not include the enactment of any state legislation.In (2)For purposes of this subdivision;the payment for or the reimbnrsemerit to the state of-, considering the granting of preliminary or permanent relief under this snbsectien subdivision, the costs of installing and monitoring an electronic sectnitp system in the home or office,or the court shall accord due weight to any injury that may be suffered by innocent persons both'of a candidate or elected officer who has received threats to his or her physical safety relying on the official action. shall be deemed an outstanding minpaigri debt or elected officer's expense,provided dist the SEC. 21. Section 91004 of the Government Code is amended to read: threats mise from his or her activities,duties,or status as a eandidate or elected officer aTnd SEC. e Unless specifically provided otherwise in this title, any person who that the threats have been reported to and verified by an appropriate law enforcement agency. intentionally or negligently violates any of the reporting requirements of this act title shall be dei ifieation shall be deteritrined solely by the law ertforcemeiu agency to which the threat was liable in a civil action brought by the civil prosecutor or by a person residing registered voter reported`the Candidate or eieeted officer shall report arty expenditure of campaign fends within the jurisdiction for art amount not more than three times the amount or value not made pursuam to this section to the connnission.The report to the commission shall include property reported. the date that the candidate or elected officer informed the law enforcement agency of the SEC. 22. Section 91005 of the Government Code is amended to read: threat the name and phone number of the taw ertforCerneint agency'and a brief description of 91005. (a) Airy Unless specifically provided otherwise in this title,any person who the threat No more than five thousand dollars($5,000)in surplus Campaign funds"be makes or,receives,or fails to properly disclose or report a contribution,gift,or expenditure used'eainulativelp'by a candidate or elected offieer pursuant to Hue subdivision.Payments in violation of Section 94399;$4304;96482;96393;or 66294 this title is liable in a civil made pursuant to this subdiroision shall be made dth*the two years immediately following action brought by the civil prosecutor or by a person residing registered voter within the the date upon which the Campaign finds became surplus cmnpaign.funds'The candidate or jurisdiction for an amount up to five hundred dollars($500)or three times the amount of the elected officer shall reimburse the surplus campaign ftmd aceotmt for the fair market valve°f unlawful contribution,gift or,expenditure,or failure to disclose or report,whichever is the security system no later than two years inunediatelp following the date upon which the campaign funds become surplus campaign funds;upon sale of the property on which the greater. system is installed-;or prior to the closing of the smpins eampaigtn fMad acm U*,whichever (b) Any designated employee or public official specified in Section 87200-,ether than an comes first The electioniC sectnitp system shall be the property of the cmnpaign eoTTmrittee elected state officer,who realizes an economic benefit as a result of a violation of Section of the candidate or elected officer 87100 or of a disqualification provision of a Conflict of Interest Code is liable in a civil action (b)The pro rata tepaymem of contfibutions. brought by the civil prosecutor or by a person residing registered voter within the jurisdiction (C) Donations to any bona fide charitable;educational;civic,religious;or sintilm tax- for an amount up to three times the value of the benefit. exempt nonprofit Orr where no substantial part of the proceeds will have a material SEC. 23. Section 91005.5 of the Government Code is amended to read: financial effect on the former candidate or elected officer,any member of his or her 91005.5. Any person who violates any provision of this title;except Sections 64305; . irtnnediate family,er his or her Wil,treasurer. 64399;and 99991,for which no specific civil penalty is provided,shall be liable in a civil (dj Eroimibutions to a political party or contraittee so long as the funds are Trot used to action brought by the commission or the,district attorney,or a registered voter pursuant to make contributions in support of or apposition to a candidate for elective office subdivision(b)of Section 91001,or the elected city attorney pursuant to Section 91001.5,for to support or oPPox federal office for an amount up to two thousand dollars($2,000),to be distributed pursuant to Section 91009. (e) eontributions No civil action alleging a violation of this title may be filed against a person pursuant to elective office in a state ether than C-alifomia;or any ballet measnrt (f)The Pie for P �services reasonably by the committee to assist this section if the criminal prosecutor is maintaining a criminal action against that person in the pe fm-wice of is ftirtctionr including payment for attorney's fees for pursuant o Section this s litigation whieh arises directly out of a candidate's or elected officer's activities duties or The provisions is this section shall be applicable only as to violations occurring after the storms as a candidate or elected officer,including,but mot limited to;an action to enjoin effective date of this section defamation,defense of an action broughtCampaign,of a violation of state or local Campaigdisclosure, SEC.24. Section 91006 of the Government Code is amended to read: or election laws-and an action arising from rot election contest or recoUnt 9 is 6.tit Any person who aids and abets any person who violates any of the requirements SEC. 18. Section 89519 is added to the Government Code,to read: pe this title shall also be liable under Sections 91004,91005,and and se5. a two ab more 89519. After a candidate withdraws from oris defeated in an election for,or is elected to, Persons are responsible for any violation,they shall in jointly and severally liable.In re an office for which he or she has filed a statement of intention to be a candidate for elective addition,for any violation ll any campaign reporting, contribution, a expenditure office pursuant to Section 85200,Section 85313 shall govern the disposition of his or her requirement,the candidate shall also be liable for the violation unless someone other than the campaign funds raised for that election. candidate was responsible for the violation and acted without the candidate's,treasurer's, and campaign managers knowledge or consent,and acted wholly outside the scope of the 1 ENFORCEMENT person's duties and authorization. r SEC. 19. Section 91002 of the Government Code is amended to read: SEC. 25. Section 91007 of the Government Code is amended to read: 91002. (a) No person convicted of a misdemeanor under this title shall be a candidate 91007. (a) Any person,before filing a civil action pursuant to Sections Section 91004 for any elective office or act as a lobbyist for a period of four years following the date of the and,91005,must first or 91005.5,may also file with the civil prosecutor a written request for i conviction unless the court at the time of sentencing specifically determines that this the civil prosecutor to commence the action.The request shall include a statement of the provision shall not be applicable.A plea of nolo contendere shall be deemed a conviction for grounds for believing a cause of action exists.The civil prosecutor shall respond within fogy purposes of this section.Any person violating this section is guilty of a felony. 40 days after receipt of the request,indicating whether he intends to file a civil action.If the t (b)Any person,having previously been convicted of a misdemeanor under this title and civil prosecutor indicates in the affirmative,and files suit within forty 40 days thereafter,the subject to Section 91002,may,in the discretion of the criminal prosecutor,be charged for any action shall be consolidated with an action brought by the registered voter and no other It subsequent violation with a misdemeanor or a felony. - action may be brought unless the action brought by the civil prosecutor is actions are s (c)Any person who has previously been fined twice under any provision or provisions of dismissed without prejudice as provided for in Section 91008. 3 this title shall immediately upon entry of a final judgment or issuance of an order imposing a (b) Any person filing a complaint,cross-complaint or other initial pleading in a civil > fine in the third such action,be removed from any public office held in the state pursuant to action pursuant to Sections 91003,91004,91005,or 91005.5 shall,within 10 days of filing a Section 1770,have their name stricken from the registration list maintained under Article 1 the complaint,cross-complaint,or initial pleading,serve on the Fair Political Practices (commencing with Section 86100)of Chapter 6,and thereafter may not be a candidate for Commission a copy of the complaint,cross-complaint,or initial pleading or a notice ° any elective office or act as a lobbyist,lobbying firm,or lobbyist employer containing all of the following: n SEC. 20. Section 91003 of the Government Code is amended to read: (1) The full title and number of the case. y 91003. (a)"person residing in the juriMiction may sue for injunctive relief to enjoin (2) The court in which the case is pending. f violations or to compel compliance with the provisions of this title The court may in its (3) The name and address of the attorney for the person filing the complaint, n discretion require any plaintiff other than the commission to file a complaint with the cross-complaint,or other initial pleading. commission prior to seeking injunctive relief.The court may award to a plaintiff or defendant (4) A statement that the case raises issues under the Political Reform Act. who prevails his or her costs of litigation,including reasonable attorney's fees. (c) No complaint,cross-complaint,or other initial pleading shall be dismissed for failure =s (a)Any resident registered to vote in the jurisdiction may sue for injunctive relief or a to comply with subdivision(b). Y temporary restraining order to enjoin violations or to compel compliance with the provisions (d) No civil action,once filed under Section 91004,91005,or 91005.5,may be dismissed to of this title.The matter shall be given priority on the court's calendar and shall be heard at without leave of court upon a showing of either of the following: 'g the earliest possible time with the purpose that any action,conduct,misconduct,or failure to (1) The plaintiff has determined,in good faith,that the matter is without substantial merit it act,report,disclose,or take any other action required by this title be remedied so as not to in or it is otherwise not in the public interest to continue the action,and that the plaintiff has in any way prejudice the voters or the election. The court may in its discretion require any neither received nor agreed to any payment, inducement, consideration, or any act or plaintiff other than the commission to file a complaint with the commission but that decision forbearance by any defendant or his or her agent,other than payment of costs of litigation 1e shall in no way divest the court of jurisdiction to hear the matter or delay the issuance of any and reasonable attorney's fees. 6 G96 101 (2) The parties have determined to compromise and enter into a settlement of some or all SEC. 29. If any provision of this law,or the application of that provision to any person of the disputed claims and the court,after hearing,determines that the settlement is in the or circumstances,shall be held invalid,the remainder of this law to the extent that it can be public interest.Any settlement or compromise approved by the court shall be deemed to be a given effect,or the application of that provision to persons or circumstances other than those finding of violation far purposes of subdivision(c)of Section 91002 and Section 91009. as to which it was held invalid,shall not be affected thereby,and to this extent the provisions SEC. 26. Section 91012 of the Government Code is amended to read: of this law are severable.In addition,if the expenditure limitations of Section 85401 of this 91012. The court may.shall award to a plaintiff or defendant ether thart an agency;who act shall not be in effect,the contribution limits of Sections 85301,85302,85303,and 85304 prevails in any action authorized by this title his or her costs of litigation, including shall remain in effect. reasonable attorney's fees.On motion of any party,a eom shaft require a private plaintiff to SEC. 30. This law shall become effective November 6, 1996.In the event that this post a bond in a reasonable amemtt at any stage of the litigation to guarantee payment of measure and another measure or measures relating to campaign finance reform in this state costs.The court may award to a defendant other than an agency who prevails in any action shall appear on the statewide general election ballot on November 5,1996,the provisions of authorized by this title his or her costs of litigation,including reasonable attorney's fees,only if the court finds,on the record,that the matter was frivolous,or brought in bad faith or for these other measures shall be deemed to be in conflict with this measure.In the event that this some other improper purpose. The provisions of Section 425.16 of the Code of Civil measure shall receive a greater number of affirmative votes,the provisions of this measure Procedure shall not apply to any action filed pursuant to Section 91004,91005,or 91005.5. shall prevail in their entirety,and the provisions of the other measure or measures shall be SEC. 27. Section 91015 of the Government Code is repealed. null and void in their entirety.In the event that the other measure or measures shall receive a 91015.. The Pins of this ehaptershalf"apply to viafations of Section$3H6.5. greater number of affirmative votes,the provisions of this measure shall take effect to the extent permitted by law. MISCELLANEOUS PROVISIONS SEC. 31. It is the sense of the people of California that candidates for the United States SEC. 28. There is hereby appropriated annually from the General Fund the sum of three House of Representatives and the United States Senate seeking to represent the people in the cents($0.03)per individual of the voting age population in the state,to be adjusted to reflect Congress of the United States should comply with the contribution limits and expenditure changes in the Cost of Living Index in January of each even-numbered year after the limits,prescribed herein for candidates for the State Senate and Governor,respectively.The operative date of this act,for expenditures to support the operations of the Fair Political people recognize that the limitations prescribed in this law may not be mandated by the Practices Commission in administering and enforcing this title.The Franchise Tax Board people for candidates for federal office.However,it is the sense of the people that these shall,as soon as possible after the end of the first calendar year in which Sections 17221 and limitations are necessary to prevent corruption and the appearance thereof and to preserve the 24335 of the Revenue and Taxation 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 fairness and integrity of the electoral process in California.The people,therefore,suggest that calculated,the Controller shall,for each fiscal year,transfer to the commission,from the candidates for federal office seeking to represent the people in the Congress of the United General Fund,the amount necessary to meet the appropriation to the commission set forth States comply voluntarily with the limitations prescribed herein until such time as comparable above.In any event,regardless of whether the increased revenue from Sections 17221 and limitations are adopted by the Congress of the United States or through a constitutional 24335 of the Revenue and Taxation Code is sufficient,the Legislature shall provide the amendment. appropriation to the commission set forth above.To the extent the Legislature provides It is also the sense of the people of California that the broadcast licensees,as public budgetary support for local agencies for administration and enforcement of this title,the trustees,have a special obligation to present voter information broadcasts.For the privilege of amount of increased tax revenues to the state as a result of Section 86102 of the Government using scarce radio and television frequencies,the broadcasters are public trustees with an Code shall also be provided for this purpose.If any provision of this title is challenged obligation to provide at no cost and no profit time for candidates to appear and use the station, successfully in court,any attorney's fees and costs awarded shall be paid from the General whether radio or-television,for the presentation of candidates'views for some brief period Fund and shall not be assessed or otherwise offset against the Fair Political Practices during prime viewing or listening time in the 30-day period prior to an election.The people of Commission budget.Any savings or revenues derived from this title shall be applied to the California recognize that the federal government has jurisdiction for such a mandate,and Anti-Corruption Act of 1996 Enforcement Fund to pay costs related to the administration and strongly urge the Congress of the United States to require the Federal Communications enforcement of the title,with the remainder to be placed in the General Fund for general Commission to enforce these requirements upon broadcasters as a condition of holding a purposes. public broadcast license and fulfilling the broadcaster's public service obligation. Proposition 213: Text of Proposed Law This initiative measure is submitted to the.people in accordance with the provisions of (1) The injured person was at the time of the accident operating the vehicle in violation of Article II,Section 8 of the Constitution. Section 23152 or 23153 of the Vehicle Code,and was convicted of that offense. This initiative measure adds sections to the Civil Code;therefore,new provisions proposed (2) The injured person was the owner of a vehicle involved in the accident and the vehicle to be added are printed in italic type to indicate that they are new. was not insured as required by the financial responsibility laws of this state. PROPOSED LAW (3) The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial SECTION 1. Title responsibility laws of this state. This measure shall be known and may be cited as"The Personal Responsibility Act of (b) Except as provided in subdivision(c),an insurer shall not be liable, directly or 1996." - indirectly, under a policy of liability or uninsured motorist insurance to indemnify for SECTION 2. Findings and Declaration of Purpose non-economic losses of a person injured as described in subdivision(a). (a) Insurance costs have skyrocketed for those Californians who have taken responsibility (c) In the event a person described in paragraph(2)of subdivision(a)was injured by a for their actions.,Uninsured motorists;drunk drivers;and criminal felons are law breakers, motorist who at the time of the accident was operating his or her vehicle in violation of and should not be rewarded for their irresponsibility and law breaking.However,under Section 23152 or 23153 of the Vehicle Code,and was convicted of that offense,the injured current laws,uninsured motorists and drunk drivers are able to recover unreasonable damages person shall not be barred from recovering non-economic losses to compensate for pain,. from law-abiding citizens as a result of drunk driving and other accidents,and criminals have suffering, inconvenience,physical impairment, disfigurement, and other nonpecuniary been able to recover damages from law-abiding citizens for injuries suffered during the damages. commission of their crimes. SECTION 4. Effective Date .(b) Californians must change the system that rewards individuals who fail to take essential This act shall be effective immediately upon its adoption by the voters.Its provisions shall personal responsibility to prevent them from seeking unreasonable damages or from suing apply to all actions in which the initial trial has not commenced prior to January J,1997. law-abiding citizens. SECTION 5.. Severability, (c) Therefore,the People of the State of California do hereby enact this measure to restore If any provision of this measure,or the application to any person or circumstances is held balance to our justice system by limiting the right to sue of criminals,drunk drivers,and invalid or void,such invalidity or voidness shall not affect other provisions or applications uninsured motorists. that can be given effect without the invalid or void provision or application,and to this end, SECTION 3. Civil Justice Reform all of the provisions of this measure are declared to be severable. Section 3333.3 is added to the Civil Code,to read: SECTION 6. Conflicting Measures 3333.3. In any action for damages based on negligence,a person may not recover any In the event another measure to be voted on by the voters at the same election as this damages if the plaintiff's injuries were in any way proximately caused by the plaintiff's measure, and which constitutes a comprehensive regulatory scheme, receives more commission of any felony,or immediate flight therefrom,and the plaintiff has been duly affirmative votes than this measure,the electors intend that any provision or provisions of this convicted of that felony. measure not in direct and apparent conflict with any provision or provisions of that other Section 3333.4 is added to the Civil Code,to read: measure shall not be deemed to be in conflict therewith,and shall be severed from any other 3333.4. (a) Except as provided in subdivision(c), in any action to recover damages provision or provisions of this measure that are in direct and apparent conflict with the arising out of the operation or use of a motor vehicle, a person shall not recover provision or provisions of the other measure.In that event,the provision or provisions not non-economic losses to compensate for pain,suffering,inconvenience,physical impairment, deemed in conflict shall be severed according to Section 5 of this measure upon application to disfigurement,and other nonpecuniary damages if any of the following applies: any court of competent jurisdiction. Proposition 214: Text of Proposed Law This initiative measure is submitted to the people in accordance with the provisions of of the Health and Safety Code,to read: Article II,Section 8 of the Constitution. CHAPTER 2.25. THE HEALTH CARE PATrENr PRorEcTioN Acr of 1996 This initiative measure adds sections to the Health and Safety Code;therefore,new Article 1. Purpose and Intent provisions proposed to be added are printed in italic type to indicate that they are new. PROPOSED LAW 1399.900. (a) This chapter shrill be known as the"Health Care Patient Protection Act of 1996."The people of California find and declare all of the following: SECTION 1. Chapter 2.25(commencing with Section 1399.900)is added to Division 2 (1) No health maintenance organization(HMO)or other health care business should be 102 G96