SB 1170: Political Reform Act of 1974: campaign funds.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-09-05
Current Status:
Failed
(2024-09-22: In Senate. Consideration of Governor's veto pending.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill allows candidates to use campaign funds to pay reasonable, necessary mental health care (like therapy) if they have no health insurance or their insurance doesn’t cover the cost and the need stems from campaign-related harassment, prejudice, threats, or other crimes. It limits payments to the campaign period around the election, requires the candidate to report which category they experienced on campaign finance forms (without further detail), and requires keeping provider names, license numbers, and invoices.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Under existing law, campaign funds may not be used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households.
This bill would create an exception to that general rule and expressly permit campaign funds to be used to pay a candidate for reasonable and necessary mental health care expenses if the candidate does not have health insurance or their insurance does not cover the full cost of these mental health care expenses, as specified. This bill would limit use of campaign funds for these purposes to circumstances in which the candidate has experienced prejudice, harassment, or a threat or other criminal act, as defined, which resulted in the need for mental health care services. This bill would also require the candidate to disclose general information about this use of campaign funds on their campaign statements.
Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 89513 of the Government Code proposed by AB 2803 to be operative only if this bill and AB 2803 are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Under existing law, campaign funds may not be used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households.
This bill would create an exception to that general rule and expressly permit campaign funds to be used to pay a candidate for reasonable and necessary mental health care expenses if the candidate does not have health insurance or their insurance does not cover the full cost of these mental health care expenses, as specified. This bill would limit use of campaign funds for these purposes to circumstances in which the candidate has experienced prejudice, harassment, or a threat or other criminal act, as defined, which resulted in the need for mental health care services. This bill would also require the candidate to disclose general information about this use of campaign funds on their campaign statements.
Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
This bill would incorporate additional changes to Section 89513 of the Government Code proposed by AB 2803 to be operative only if this bill and AB 2803 are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Under existing law, campaign funds may not be used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households.
This bill would create an exception to that general rule and expressly permit campaign funds to be used to pay or reimburse a candidate for reasonable and necessary mental healthcare health care expenses if the candidate does not have health insurance or their insurance does not cover the full cost of these mental healthcare health care expenses, as specified. This bill would limit use of campaign funds for these purposes to circumstances in which the candidate has experienced prejudice, harassment, or a threat or other criminal act, as defined, which resulted in the need for mental healthcare health care services. This bill would also require the candidate to disclose general information about this use of campaign funds on their campaign statements.
Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Under existing law, campaign funds may not be used for to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households.
This bill would apply that rule to physical health-related expenses only. This bill would also create an exception to that general rule and expressly permit campaign funds to be used to pay or reimburse a non-incumbent candidate for reasonable and necessary mental healthcare expenses if the candidate does not have health insurance or has been denied coverage for their insurance does not cover the full cost of these mental healthcare expenses by their health insurance, expenses, as specified. This bill would limit use of campaign funds for these purposes to circumstances in which the candidate has experienced prejudice, harassment, or a threat or other criminal act, as defined, which resulted in the need for mental healthcare services. This bill would also require the candidate to disclose general information about this use of campaign funds on their campaign statements.
Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Under existing law, campaign funds may not be used for to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households.
This bill would apply that rule to physical health-related expenses only. This bill would also expressly permit campaign funds to be used to pay or reimburse a non-incumbent candidate for reasonable and necessary mental healthcare expenses if the candidate does not have health insurance or has been denied coverage for mental healthcare expenses by their health insurance, as specified.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
This section governs the use of campaign funds for the specific expenditures set forth in this section. It is the intent of the Legislature that this section shall guide the interpretation of the standard imposed by Section 89512 as applied to other expenditures not specifically set forth in this section.
(a)(1)Campaign funds shall not be used to pay or reimburse the candidate, the elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or employees or staff of the committee or the elected officers governmental agency for travel expenses and necessary accommodations except when these expenditures are directly related to a political, legislative, or governmental purpose.
(2)For the purposes of this section, payments or reimbursements for travel and necessary accommodations shall be considered as directly related to a political, legislative, or governmental purpose if the payments would meet standards similar to the standards of the Internal Revenue Service pursuant to Sections 162 and 274 of the Internal Revenue Code for deductions of travel expenses under the federal income tax law.
(3)For the purposes of this section, payments or reimbursement for travel by the household of a candidate or elected officer when traveling to the same destination in order to accompany the candidate or elected officer shall be considered for the same purpose as the candidates or elected officers travel.
(4)Whenever campaign funds are used to pay or reimburse a candidate, elected officer, the candidates or elected officers representative, or a member of the candidates household for travel expenses and necessary accommodations, the expenditure shall be reported as required by Section 84211.
(5)Whenever campaign funds are used to pay or reimburse for travel expenses and necessary accommodations, any mileage credit that is earned or awarded pursuant to an airline bonus mileage program shall be deemed personally earned by or awarded to the individual traveler. The earning or awarding of mileage credit and the redeeming of credit for actual travel are not subject to reporting pursuant to Section 84211.
(b)(1)Campaign funds shall not be used to pay for or reimburse the cost of professional services unless the services are directly related to a political, legislative, or governmental purpose.
(2)Expenditures by a committee to pay for professional services reasonably required by the committee to assist it in the performance of its administrative functions are directly related to a political, legislative, or governmental purpose.
(3)(A)Campaign funds may be used to pay a candidate for reasonable and necessary mental health care expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
(i)The candidate does not have health insurance or their health insurance does not cover the full cost of these mental health care expenses. If the candidates health insurance does not cover the full cost of the mental health care expenses, campaign funds may be used to pay for the portion not covered by health insurance.
(ii)The candidate has experienced at least one of the following categories of underlying campaign-related circumstances or events, which have resulted in the need for mental health care services:
(I)Harassment.
(II)Prejudice.
(III)A threat or other criminal act.
(B)Campaign funds may be used for the purposes described in subparagraph (A) starting 12 months before the date of the election and up to the date that the Secretary of State or local elections official certifies the election results or, for a candidate who is elected to office, up to the date that the candidate is sworn into office.
(C)A candidate who uses campaign funds for mental health care expenses shall report this use on a campaign statement filed pursuant to Section 84211 and shall note on that statement which one or more of the categories enumerated in clause (ii) of subparagraph (A) that they experienced. A candidate shall not be required to provide further detail on the campaign statement as to the underlying campaign-related circumstances or events that gave rise to the need for mental health care services. To use campaign funds for mental health care expenses under this subdivision, it is not necessary for the candidate to have reported the underlying campaign-related circumstances or events to a law enforcement agency or for the circumstances or events to have given rise to civil or criminal proceedings.
(D)For purposes of this subdivision, the following terms have the following meanings:
(i)Threat or other criminal act refers to any threat or other criminal act prohibited by the Penal Code or other statute.
(ii)Harassment means persistent or severe, uninvited behavior, attention, comments, or actions, whether in person, in writing, or in online or virtual settings, that upset, belittle, humiliate, or otherwise cause distress, fear, or discomfort.
(iii)Mental health care expenses refers to expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the Board of Behavioral Sciences, or an associate accruing the hours for such a license, to address mental health issues.
(iv)Prejudice means behavior, attention, comments, or actions that target a candidate based on a category protected under federal or state antidiscrimination laws, including age, ancestry, color, disability, gender, gender identity, national origin, race, religion, sex, and sexual orientation.
(E)For purposes of the recordkeeping requirements described in Section 84104, a candidate shall maintain records relating to the mental health care services that they receive, including the name, license number, and license type of the mental health care service provider and invoices for services paid for by campaign funds.
(F)Expenditures by a committee to pay for mental health care services pursuant to this paragraph are directly related to a political, legislative, or governmental purpose.
(4)Except as provided in paragraph (3), campaign funds shall not be used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Health-related expenses include examinations by physicians or dentists and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. However, campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
(c)(1)Campaign funds shall not be used to pay or reimburse fines, penalties, judgments, or settlements, except those resulting from either of the following:
(A)Parking citations incurred in the performance of an activity that was directly related to a political, legislative, or governmental purpose.
(B)Any other action for which payment of attorneys fees from contributions would be permitted pursuant to this title. However, campaign funds shall not be used to pay a fine, penalty, judgment, or settlement relating to an expenditure of campaign funds that resulted in either of the following:
(i)A personal benefit to the candidate or officer if it is determined that the expenditure was not reasonably related to a political, legislative, or governmental purpose.
(ii)A substantial personal benefit to the candidate or officer if it is determined that the expenditure was not directly related to a political, legislative, or governmental purpose.
(2)Campaign funds shall not be used to pay a restitution fine imposed under Section 86 of the Penal Code.
(d)Campaign funds shall not be used for campaign, business, or casual clothing except specialty clothing that is not suitable for everyday use, including, but not limited to, formal wear, if this attire is to be worn by the candidate or elected officer and is directly related to a political, legislative, or governmental purpose.
(e)(1)Except as otherwise prohibited by law, campaign funds may be used to purchase or reimburse for the costs of purchase of tickets to political fundraising events for the attendance of a candidate, elected officer, or the candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee or the elected officers governmental agency.
(2)Campaign funds shall not be used to pay for or reimburse for the costs of tickets for entertainment or sporting events for the candidate, elected officer, or members of the candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee, unless their attendance at the event is directly related to a political, legislative, or governmental purpose.
(3)The purchase of tickets for entertainment or sporting events for the benefit of persons other than the candidate, elected officer, or the candidates or elected officers immediate family are governed by subdivision (f).
(f)(1)Campaign funds shall not be used to make personal gifts unless the gift is directly related to a political, legislative, or governmental purpose. The refund of a campaign contribution does not constitute the making of a gift.
(2)This section does not prohibit the use of campaign funds to reimburse or otherwise compensate a public employee for services rendered to a candidate or committee while on vacation, leave, or otherwise outside of compensated public time.
(3)An election victory celebration or similar campaign event, or gifts with a total cumulative value of less than two hundred fifty dollars ($250) in a single year made to an individual employee, a committee worker, or an employee of the elected officers agency, are considered to be directly related to a political, legislative, or governmental purpose. For purposes of this paragraph, a gift to a member of a persons immediate family shall be deemed to be a gift to that person.
(g)Campaign funds shall not be used to make loans other than to organizations pursuant to Section 89515, or, unless otherwise prohibited, to a candidate for elective office, political party, or committee.
(h)(1)Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses.
(2)For the purpose of this subdivision, sexual assault and sexual abuse have the same meaning as in Section 11165.1 of the Penal Code and sexual harassment has the same meaning as in subdivision (j) of Section 12940 of the Government Code.
(i)(1)For purposes of this subdivision, childcare expenses include the reasonable costs of professional daycare services, babysitting, nannying services, food and beverages, transportation to and from the location of a childcare services provider, before and after school programs, summer day camps, and preschool. Additional qualifying expenses include costs related to a nurse, home care provider, or other care provider for a disabled dependent child. Childcare expenses do not include private school tuition, medical expenses, tutoring services, or payments to a relative, within the third degree of consanguinity, of a child, unless the relative owns or operates a professional daycare or babysitting service and the cost of the service is no greater than the relative would otherwise charge.
(2)Campaign funds may be used to pay or reimburse a candidate for reasonable and necessary childcare expenses for a dependent child resulting directly from the candidate engaging in campaign activities. For purposes of this paragraph, directly means that the candidate would not have incurred the childcare expenses if the candidate did not engage in the campaign activities.
(3)This section shall not be construed to limit the use of campaign funds to pay for childcare expenses resulting from an officeholder engaging in a campaign activity with both political and legislative or governmental purposes.
SEC. 1.5.Section 89513 of the Government Code is amended to read:89513.This section governs the use of campaign funds for the specific expenditures set forth in this section. It is the intent of the Legislature that this section shall guide the interpretation of the standard imposed by Section 89512 as applied to other expenditures not specifically set forth in this section.
(a)(1)Campaign funds shall not be used to pay or reimburse the candidate, the elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or employees or staff of the committee or the elected officers governmental agency for travel expenses and necessary accommodations except when these expenditures are directly related to a political, legislative, or governmental purpose.
(2)For the purposes of this section, payments or reimbursements for travel and necessary accommodations shall be considered as directly related to a political, legislative, or governmental purpose if the payments would meet standards similar to the standards of the Internal Revenue Service pursuant to Sections 162 and 274 of the Internal Revenue Code for deductions of travel expenses under the federal income tax law.
(3)For the purposes of this section, payments or reimbursement for travel by the household of a candidate or elected officer when traveling to the same destination in order to accompany the candidate or elected officer shall be considered for the same purpose as the candidates or elected officers travel.
(4)Whenever campaign funds are used to pay or reimburse a candidate, elected officer, the candidates or elected officers representative, or a member of the candidates household for travel expenses and necessary accommodations, the expenditure shall be reported as required by Section 84211.
(5)Whenever campaign funds are used to pay or reimburse for travel expenses and necessary accommodations, any mileage credit that is earned or awarded pursuant to an airline bonus mileage program shall be deemed personally earned by or awarded to the individual traveler. The earning or awarding of mileage credit and the redeeming of credit for actual travel are not subject to reporting pursuant to Section 84211.
(b)(1)Campaign funds shall not be used to pay for or reimburse the cost of professional services unless the services are directly related to a political, legislative, or governmental purpose.
(2)Expenditures by a committee to pay for professional services reasonably required by the committee to assist it in the performance of its administrative functions are directly related to a political, legislative, or governmental purpose.
(3)(A)Campaign funds may be used to pay a candidate for reasonable and necessary mental health care expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
(i)The candidate does not have health insurance or their health insurance does not cover the full cost of these mental health care expenses. If the candidates health insurance does not cover the full cost of the mental health care expenses, campaign funds may be used to pay for the portion not covered by health insurance.
(ii)The candidate has experienced at least one of the following categories of underlying campaign-related circumstances or events, which have resulted in the need for mental health care services:
(I)Harassment.
(II)Prejudice.
(III)A threat or other criminal act.
(B)Campaign funds may be used for the purposes described in subparagraph (A) starting 12 months before the date of the election and up to the date that the Secretary of State or local elections official certifies the election results or, for a candidate who is elected to office, up to the date that the candidate is sworn into office.
(C)A candidate who uses campaign funds for mental health care expenses shall report this use on a campaign statement filed pursuant to Section 84211 and shall note on that statement which one or more of the categories enumerated in clause (ii) of subparagraph (A) that they experienced. A candidate shall not be required to provide further detail on the campaign statement as to the underlying campaign-related circumstances or events that gave rise to the need for mental health care services. To use campaign funds for mental health care expenses under this subdivision, it is not necessary for the candidate to have reported the underlying campaign-related circumstances or events to a law enforcement agency or for the circumstances or events to have given rise to civil or criminal proceedings.
(D)For purposes of this subdivision, the following terms have the following meanings:
(i)Threat or other criminal act refers to any threat or other criminal act prohibited by the Penal Code or other statute.
(ii)Harassment means persistent or severe, uninvited behavior, attention, comments, or actions, whether in person, in writing, or in online or virtual settings, that upset, belittle, humiliate, or otherwise cause distress, fear, or discomfort.
(iii)Mental health care expenses refers to expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the Board of Behavioral Sciences, or an associate accruing the hours for such a license, to address mental health issues.
(iv)Prejudice means behavior, attention, comments, or actions that target a candidate based on a category protected under federal or state antidiscrimination laws, including age, ancestry, color, disability, gender, gender identity, national origin, race, religion, sex, and sexual orientation.
(E)For purposes of the recordkeeping requirements described in Section 84104, a candidate shall maintain records relating to the mental health care services that they receive, including the name, license number, and license type of the mental health care service provider and invoices for services paid for by campaign funds.
(F)Expenditures by a committee to pay for mental health care services pursuant to this paragraph are directly related to a political, legislative, or governmental purpose.
(4)Except as provided in paragraph (3), campaign funds shall not be used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Health-related expenses include examinations by physicians or dentists and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. However, campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
(c)(1)Campaign funds shall not be used to pay or reimburse fines, penalties, judgments, or settlements, except those resulting from either of the following:
(A)Parking citations incurred in the performance of an activity that was directly related to a political, legislative, or governmental purpose.
(B)Any other action for which payment of attorneys fees from contributions would be permitted pursuant to this title. However, campaign funds shall not be used to pay a fine, penalty, judgment, or settlement relating to an expenditure of campaign funds that resulted in either of the following:
(i)A personal benefit to the candidate or officer if it is determined that the expenditure was not reasonably related to a political, legislative, or governmental purpose.
(ii)A substantial personal benefit to the candidate or officer if it is determined that the expenditure was not directly related to a political, legislative, or governmental purpose.
(2)Campaign funds shall not be used to pay a restitution fine imposed under Section 86 of the Penal Code.
(3)Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a fine, penalty, judgment, or settlement relating to a conviction for a felony described in Section 20 of the Elections Code, or for a felony involving fraud. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those criminal acts and is convicted, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses.
(d)Campaign funds shall not be used for campaign, business, or casual clothing except specialty clothing that is not suitable for everyday use, including, but not limited to, formal wear, if this attire is to be worn by the candidate or elected officer and is directly related to a political, legislative, or governmental purpose.
(e)(1)Except as otherwise prohibited by law, campaign funds may be used to purchase or reimburse for the costs of purchase of tickets to political fundraising events for the attendance of a candidate, elected officer, or the candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee or the elected officers governmental agency.
(2)Campaign funds shall not be used to pay for or reimburse for the costs of tickets for entertainment or sporting events for the candidate, elected officer, or members of the candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee, unless their attendance at the event is directly related to a political, legislative, or governmental purpose.
(3)The purchase of tickets for entertainment or sporting events for the benefit of persons other than the candidate, elected officer, or the candidates or elected officers immediate family are governed by subdivision (f).
(f)(1)Campaign funds shall not be used to make personal gifts unless the gift is directly related to a political, legislative, or governmental purpose. The refund of a campaign contribution does not constitute the making of a gift.
(2)This section does not prohibit the use of campaign funds to reimburse or otherwise compensate a public employee for services rendered to a candidate or committee while on vacation, leave, or otherwise outside of compensated public time.
(3)An election victory celebration or similar campaign event, or gifts with a total cumulative value of less than two hundred fifty dollars ($250) in a single year made to an individual employee, a committee worker, or an employee of the elected officers agency, are considered to be directly related to a political, legislative, or governmental purpose. For purposes of this paragraph, a gift to a member of a persons immediate family shall be deemed to be a gift to that person.
(g)Campaign funds shall not be used to make loans other than to organizations pursuant to Section 89515, or, unless otherwise prohibited, to a candidate for elective office, political party, or committee.
(h)(1)Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses.
(2)For the purpose of this subdivision, sexual assault and sexual abuse have the same meaning as in Section 11165.1 of the Penal Code and sexual harassment has the same meaning as in subdivision (j) of Section 12940 of the Government Code.
(i)(1)For purposes of this subdivision, childcare expenses include the reasonable costs of professional daycare services, babysitting, nannying services, food and beverages, transportation to and from the location of a childcare services provider, before and after school programs, summer day camps, and preschool. Additional qualifying expenses include costs related to a nurse, home care provider, or other care provider for a disabled dependent child. Childcare expenses do not include private school tuition, medical expenses, tutoring services, or payments to a relative, within the third degree of consanguinity, of a child, unless the relative owns or operates a professional daycare or babysitting service and the cost of the service is no greater than the relative would otherwise charge.
(2)Campaign funds may be used to pay or reimburse a candidate for reasonable and necessary childcare expenses for a dependent child resulting directly from the candidate engaging in campaign activities. For purposes of this paragraph, directly means that the candidate would not have incurred the childcare expenses if the candidate did not engage in the campaign activities.
(3)This section shall not be construed to limit the use of campaign funds to pay for childcare expenses resulting from an officeholder engaging in a campaign activity with both political and legislative or governmental purposes.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 89513 of the Government Code proposed by both this bill and Assembly Bill 2803. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 89513 of the Government Code, and (3) this bill is enacted after Assembly Bill 2803, in which case Section 1 of this bill shall not become operative.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
This section governs the use of campaign funds for the specific expenditures set forth in this section. It is the intent of the Legislature that this section shall guide the interpretation of the standard imposed by Section 89512 as applied to other expenditures not specifically set forth in this section.
(a)(1)Campaign funds shall not be used to pay or reimburse the candidate, the elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or employees or staff of the committee or the elected officers governmental agency for travel expenses and necessary accommodations except when these expenditures are directly related to a political, legislative, or governmental purpose.
(2)For the purposes of this section, payments or reimbursements for travel and necessary accommodations shall be considered as directly related to a political, legislative, or governmental purpose if the payments would meet standards similar to the standards of the Internal Revenue Service pursuant to Sections 162 and 274 of the Internal Revenue Code for deductions of travel expenses under the federal income tax law.
(3)For the purposes of this section, payments or reimbursement for travel by the household of a candidate or elected officer when traveling to the same destination in order to accompany the candidate or elected officer shall be considered for the same purpose as the candidates or elected officers travel.
(4)Whenever campaign funds are used to pay or reimburse a candidate, elected officer, the candidates or elected officers representative, or a member of the candidates household for travel expenses and necessary accommodations, the expenditure shall be reported as required by Section 84211.
(5)Whenever campaign funds are used to pay or reimburse for travel expenses and necessary accommodations, any mileage credit that is earned or awarded pursuant to an airline bonus mileage program shall be deemed personally earned by or awarded to the individual traveler. The earning or awarding of mileage credit and the redeeming of credit for actual travel are not subject to reporting pursuant to Section 84211.
(b)(1)Campaign funds shall not be used to pay for or reimburse the cost of professional services unless the services are directly related to a political, legislative, or governmental purpose.
(2)Expenditures by a committee to pay for professional services reasonably required by the committee to assist it in the performance of its administrative functions are directly related to a political, legislative, or governmental purpose.
(3)(A)Campaign funds may be used to pay a candidate for reasonable and necessary mental health care expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
(i)The candidate does not have health insurance or their health insurance does not cover the full cost of these mental health care expenses. If the candidates health insurance does not cover the full cost of the mental health care expenses, campaign funds may be used to pay for the portion not covered by health insurance.
(ii)The candidate has experienced at least one of the following categories of underlying campaign-related circumstances or events, which have resulted in the need for mental health care services:
(I)Harassment.
(II)Prejudice.
(III)A threat or other criminal act.
(B)Campaign funds may be used for the purposes described in subparagraph (A) starting 12 months before the date of the election and up to the date that the Secretary of State or local elections official certifies the election results or, for a candidate who is elected to office, up to the date that the candidate is sworn into office.
(C)A candidate who uses campaign funds for mental health care expenses shall report this use on a campaign statement filed pursuant to Section 84211 and shall note on that statement which one or more of the categories enumerated in clause (ii) of subparagraph (A) that they experienced. A candidate shall not be required to provide further detail on the campaign statement as to the underlying campaign-related circumstances or events that gave rise to the need for mental health care services. To use campaign funds for mental health care expenses under this subdivision, it is not necessary for the candidate to have reported the underlying campaign-related circumstances or events to a law enforcement agency or for the circumstances or events to have given rise to civil or criminal proceedings.
(D)For purposes of this subdivision, the following terms have the following meanings:
(i)Threat or other criminal act refers to any threat or other criminal act prohibited by the Penal Code or other statute.
(ii)Harassment means persistent or severe, uninvited behavior, attention, comments, or actions, whether in person, in writing, or in online or virtual settings, that upset, belittle, humiliate, or otherwise cause distress, fear, or discomfort.
(iii)Mental health care expenses refers to expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the Board of Behavioral Sciences, or an associate accruing the hours for such a license, to address mental health issues.
(iv)Prejudice means behavior, attention, comments, or actions that target a candidate based on a category protected under federal or state antidiscrimination laws, including age, ancestry, color, disability, gender, gender identity, national origin, race, religion, sex, and sexual orientation.
(E)For purposes of the recordkeeping requirements described in Section 84104, a candidate shall maintain records relating to the mental health care services that they receive, including the name, license number, and license type of the mental health care service provider and invoices for services paid for by campaign funds.
(F)Expenditures by a committee to pay for mental health care services pursuant to this paragraph are directly related to a political, legislative, or governmental purpose.
(4)Except as provided in paragraph (3), campaign funds shall not be used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Health-related expenses include examinations by physicians or dentists and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. However, campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
(c)(1)Campaign funds shall not be used to pay or reimburse fines, penalties, judgments, or settlements, except those resulting from either of the following:
(A)Parking citations incurred in the performance of an activity that was directly related to a political, legislative, or governmental purpose.
(B)Any other action for which payment of attorneys fees from contributions would be permitted pursuant to this title. However, campaign funds shall not be used to pay a fine, penalty, judgment, or settlement relating to an expenditure of campaign funds that resulted in either of the following:
(i)A personal benefit to the candidate or officer if it is determined that the expenditure was not reasonably related to a political, legislative, or governmental purpose.
(ii)A substantial personal benefit to the candidate or officer if it is determined that the expenditure was not directly related to a political, legislative, or governmental purpose.
(2)Campaign funds shall not be used to pay a restitution fine imposed under Section 86 of the Penal Code.
(d)Campaign funds shall not be used for campaign, business, or casual clothing except specialty clothing that is not suitable for everyday use, including, but not limited to, formal wear, if this attire is to be worn by the candidate or elected officer and is directly related to a political, legislative, or governmental purpose.
(e)(1)Except as otherwise prohibited by law, campaign funds may be used to purchase or reimburse for the costs of purchase of tickets to political fundraising events for the attendance of a candidate, elected officer, or the candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee or the elected officers governmental agency.
(2)Campaign funds shall not be used to pay for or reimburse for the costs of tickets for entertainment or sporting events for the candidate, elected officer, or members of the candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee, unless their attendance at the event is directly related to a political, legislative, or governmental purpose.
(3)The purchase of tickets for entertainment or sporting events for the benefit of persons other than the candidate, elected officer, or the candidates or elected officers immediate family are governed by subdivision (f).
(f)(1)Campaign funds shall not be used to make personal gifts unless the gift is directly related to a political, legislative, or governmental purpose. The refund of a campaign contribution does not constitute the making of a gift.
(2)This section does not prohibit the use of campaign funds to reimburse or otherwise compensate a public employee for services rendered to a candidate or committee while on vacation, leave, or otherwise outside of compensated public time.
(3)An election victory celebration or similar campaign event, or gifts with a total cumulative value of less than two hundred fifty dollars ($250) in a single year made to an individual employee, a committee worker, or an employee of the elected officers agency, are considered to be directly related to a political, legislative, or governmental purpose. For purposes of this paragraph, a gift to a member of a persons immediate family shall be deemed to be a gift to that person.
(g)Campaign funds shall not be used to make loans other than to organizations pursuant to Section 89515, or, unless otherwise prohibited, to a candidate for elective office, political party, or committee.
(h)(1)Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses.
(2)For the purpose of this subdivision, sexual assault and sexual abuse have the same meaning as in Section 11165.1 of the Penal Code and sexual harassment has the same meaning as in subdivision (j) of Section 12940 of the Government Code.
(i)(1)For purposes of this subdivision, childcare expenses include the reasonable costs of professional daycare services, babysitting, nannying services, food and beverages, transportation to and from the location of a childcare services provider, before and after school programs, summer day camps, and preschool. Additional qualifying expenses include costs related to a nurse, home care provider, or other care provider for a disabled dependent child. Childcare expenses do not include private school tuition, medical expenses, tutoring services, or payments to a relative, within the third degree of consanguinity, of a child, unless the relative owns or operates a professional daycare or babysitting service and the cost of the service is no greater than the relative would otherwise charge.
(2)Campaign funds may be used to pay or reimburse a candidate for reasonable and necessary childcare expenses for a dependent child resulting directly from the candidate engaging in campaign activities. For purposes of this paragraph, directly means that the candidate would not have incurred the childcare expenses if the candidate did not engage in the campaign activities.
(3)This section shall not be construed to limit the use of campaign funds to pay for childcare expenses resulting from an officeholder engaging in a campaign activity with both political and legislative or governmental purposes.
SEC. 1.5.Section 89513 of the Government Code is amended to read:89513.This section governs the use of campaign funds for the specific expenditures set forth in this section. It is the intent of the Legislature that this section shall guide the interpretation of the standard imposed by Section 89512 as applied to other expenditures not specifically set forth in this section.
(a)(1)Campaign funds shall not be used to pay or reimburse the candidate, the elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or employees or staff of the committee or the elected officers governmental agency for travel expenses and necessary accommodations except when these expenditures are directly related to a political, legislative, or governmental purpose.
(2)For the purposes of this section, payments or reimbursements for travel and necessary accommodations shall be considered as directly related to a political, legislative, or governmental purpose if the payments would meet standards similar to the standards of the Internal Revenue Service pursuant to Sections 162 and 274 of the Internal Revenue Code for deductions of travel expenses under the federal income tax law.
(3)For the purposes of this section, payments or reimbursement for travel by the household of a candidate or elected officer when traveling to the same destination in order to accompany the candidate or elected officer shall be considered for the same purpose as the candidates or elected officers travel.
(4)Whenever campaign funds are used to pay or reimburse a candidate, elected officer, the candidate candidates or elected officers representative, or a member of the candidates household for travel expenses and necessary accommodations, the expenditure shall be reported as required by Section 84211.
(5)Whenever campaign funds are used to pay or reimburse for travel expenses and necessary accommodations, any mileage credit that is earned or awarded pursuant to an airline bonus mileage program shall be deemed personally earned by or awarded to the individual traveler. The earning or awarding of mileage credit and the redeeming of credit for actual travel are not subject to reporting pursuant to Section 84211.
(b)(1)Campaign funds shall not be used to pay for or reimburse the cost of professional services unless the services are directly related to a political, legislative, or governmental purpose.
(2)Expenditures by a committee to pay for professional services reasonably required by the committee to assist it in the performance of its administrative functions are directly related to a political, legislative, or governmental purpose.
(3)(A)Campaign funds may be used to pay a candidate for reasonable and necessary mental health care expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
(i)The candidate does not have health insurance or their health insurance does not cover the full cost of these mental health care expenses. If the candidates health insurance does not cover the full cost of the mental health care expenses, campaign funds may be used to pay for the portion not covered by health insurance.
(ii)The candidate has experienced at least one of the following categories of underlying campaign-related circumstances or events, which have resulted in the need for mental health care services:
(I)Harassment.
(II)Prejudice.
(III)A threat or other criminal act.
(B)Campaign funds may be used for the purposes described in subparagraph (A) starting 12 months before the date of the election and up to the date that the Secretary of State or local elections official certifies the election results or, for a candidate who is elected to office, up to the date that the candidate is sworn into office.
(C)A candidate who uses campaign funds for mental health care expenses shall report this use on a campaign statement filed pursuant to Section 84211 and shall note on that statement which one or more of the categories enumerated in clause (ii) of subparagraph (A) that they experienced. A candidate shall not be required to provide further detail on the campaign statement as to the underlying campaign-related circumstances or events that gave rise to the need for mental health care services. To use campaign funds for mental health care expenses under this subdivision, it is not necessary for the candidate to have reported the underlying campaign-related circumstances or events to a law enforcement agency or for the circumstances or events to have given rise to civil or criminal proceedings.
(D)For purposes of this subdivision, the following terms have the following meanings:
(i)Threat or other criminal act refers to any threat or other criminal act prohibited by the Penal Code or other statute.
(ii)Harassment means persistent or severe, uninvited behavior, attention, comments, or actions, whether in person, in writing, or in online or virtual settings, that upset, belittle, humiliate, or otherwise cause distress, fear, or discomfort.
(iii)Mental health care expenses refers to expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the Board of Behavioral Sciences, or an associate accruing the hours for such a license, to address mental health issues.
(iv)Prejudice means behavior, attention, comments, or actions that target a candidate based on a category protected under federal or state antidiscrimination laws, including age, ancestry, color, disability, gender, gender identity, national origin, race, religion, sex, and sexual orientation.
(E)For purposes of the recordkeeping requirements described in Section 84104, a candidate shall maintain records relating to the mental health care services that they receive, including the name, license number, and license type of the mental health care service provider and invoices for services paid for by campaign funds.
(F)Expenditures by a committee to pay for mental health care services pursuant to this paragraph are directly related to a political, legislative, or governmental purpose.
(3)(4)Campaign Except as provided in paragraph (3), campaign funds shall not be used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Health-related expenses includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors include examinations by physicians or dentists and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. However, campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
(c)(1)Campaign funds shall not be used to pay or reimburse fines, penalties, judgments, or settlements, except those resulting from either of the following:
(A)Parking citations incurred in the performance of an activity that was directly related to a political, legislative, or governmental purpose.
(B)Any other action for which payment of attorneys fees from contributions would be permitted pursuant to this title. However, campaign funds shall not be used to pay a fine, penalty, judgment, or settlement relating to an expenditure of campaign funds that resulted in either of the following:
(i)A personal benefit to the candidate or officer if it is determined that the expenditure was not reasonably related to a political, legislative, or governmental purpose.
(ii)A substantial personal benefit to the candidate or officer if it is determined that the expenditure was not directly related to a political, legislative, or governmental purpose.
(2)Campaign funds shall not be used to pay a restitution fine imposed under Section 86 of the Penal Code.
(3)Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a fine, penalty, judgment, or settlement relating to a conviction for a felony described in Section 20 of the Elections Code, or for a felony involving fraud. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those criminal acts and is convicted, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses.
(d)Campaign funds shall not be used for campaign, business, or casual clothing except specialty clothing that is not suitable for everyday use, including, but not limited to, formal wear, if this attire is to be worn by the candidate or elected officer and is directly related to a political, legislative, or governmental purpose.
(e)(1)Except as otherwise prohibited by law, campaign funds may be used to purchase or reimburse for the costs of purchase of tickets to political fundraising events for the attendance of a candidate, elected officer, or the candidate candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee or the elected officers governmental agency.
(2)Campaign funds shall not be used to pay for or reimburse for the costs of tickets for entertainment or sporting events for the candidate, elected officer, or members of the candidate candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee, unless their attendance at the event is directly related to a political, legislative, or governmental purpose.
(3)The purchase of tickets for entertainment or sporting events for the benefit of persons other than the candidate, elected officer, or the candidate candidates or elected officers immediate family are governed by subdivision (f).
(f)(1)Campaign funds shall not be used to make personal gifts unless the gift is directly related to a political, legislative, or governmental purpose. The refund of a campaign contribution does not constitute the making of a gift.
(2)This section does not prohibit the use of campaign funds to reimburse or otherwise compensate a public employee for services rendered to a candidate or committee while on vacation, leave, or otherwise outside of compensated public time.
(3)An election victory celebration or similar campaign event, or gifts with a total cumulative value of less than two hundred fifty dollars ($250) in a single year made to an individual employee, a committee worker, or an employee of the elected officers agency, are considered to be directly related to a political, legislative, or governmental purpose. For purposes of this paragraph, a gift to a member of a persons immediate family shall be deemed to be a gift to that person.
(g)Campaign funds shall not be used to make loans other than to organizations pursuant to Section 89515, or, unless otherwise prohibited, to a candidate for elective office, political party, or committee.
(h)(1)Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses.
(2)For the purpose of this subdivision, sexual assault and sexual abuse have the same meaning as in Section 11165.1 of the Penal Code and sexual harassment has the same meaning as in subdivision (j) of Section 12940 of the Government Code.
(i)(1)For purposes of this subdivision, childcare expenses include the reasonable costs of professional daycare services, babysitting, nannying services, food and beverages, transportation to and from the location of a childcare services provider, before and after school programs, summer day camps, and preschool. Additional qualifying expenses include costs related to a nurse, home care provider, or other care provider for a disabled dependent child. Childcare expenses do not include private school tuition, medical expenses, tutoring services, or payments to a relative, within the third degree of consanguinity, of a child, unless the relative owns or operates a professional daycare or babysitting service and the cost of the service is no greater than the relative would otherwise charge.
(2)Campaign funds may be used to pay or reimburse a candidate for reasonable and necessary childcare expenses for a dependent child resulting directly from the candidate engaging in campaign activities. For purposes of this paragraph, directly means that the candidate would not have incurred the childcare expenses if the candidate did not engage in the campaign activities.
(3)This section shall not be construed to limit the use of campaign funds to pay for childcare expenses resulting from an officeholder engaging in a campaign activity with both political and legislative or governmental purposes.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 89513 of the Government Code proposed by both this bill and Assembly Bill 2803. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 89513 of the Government Code, and (3) this bill is enacted after Assembly Bill 2803, in which case Section 1 of this bill shall not become operative.
SEC. 2.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.SEC. 4.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
This section governs the use of campaign funds for the specific expenditures set forth in this section. It is the intent of the Legislature that this section shall guide the interpretation of the standard imposed by Section 89512 as applied to other expenditures not specifically set forth in this section.
(a)(1)Campaign funds shall not be used to pay or reimburse the candidate, the elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or employees or staff of the committee or the elected officers governmental agency for travel expenses and necessary accommodations except when these expenditures are directly related to a political, legislative, or governmental purpose.
(2)For the purposes of this section, payments or reimbursements for travel and necessary accommodations shall be considered as directly related to a political, legislative, or governmental purpose if the payments would meet standards similar to the standards of the Internal Revenue Service pursuant to Sections 162 and 274 of the Internal Revenue Code for deductions of travel expenses under the federal income tax law.
(3)For the purposes of this section, payments or reimbursement for travel by the household of a candidate or elected officer when traveling to the same destination in order to accompany the candidate or elected officer shall be considered for the same purpose as the candidates or elected officers travel.
(4)Whenever campaign funds are used to pay or reimburse a candidate, elected officer, the candidates or elected officers representative, or a member of the candidates household for travel expenses and necessary accommodations, the expenditure shall be reported as required by Section 84211.
(5)Whenever campaign funds are used to pay or reimburse for travel expenses and necessary accommodations, any mileage credit that is earned or awarded pursuant to an airline bonus mileage program shall be deemed personally earned by or awarded to the individual traveler. The earning or awarding of mileage credit and the redeeming of credit for actual travel are not subject to reporting pursuant to Section 84211.
(b)(1)Campaign funds shall not be used to pay for or reimburse the cost of professional services unless the services are directly related to a political, legislative, or governmental purpose.
(2)Expenditures by a committee to pay for professional services reasonably required by the committee to assist it in the performance of its administrative functions are directly related to a political, legislative, or governmental purpose.
(3)(A)Campaign funds may be used to pay or reimburse a candidate for reasonable and necessary mental healthcare health care expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
(i)The candidate does not have health insurance or their health insurance does not cover the full cost of these mental healthcare health care expenses. If the candidates health insurance does not cover the full cost of the mental health care expenses, campaign funds may be used to pay for the portion not covered by health insurance.
(ii)The candidate has experienced at least one of the following categories of underlying campaign-related circumstances or events, which have resulted in the need for mental healthcare health care services:
(I)Harassment.
(II)Prejudice.
(III)A threat or other criminal act.
(B)Campaign funds may be used for the purposes described in subparagraph (A) from the date upon which a candidate committee is established starting 12 months before the date of the election and up to the date that the Secretary of State or local elections official certifies the election results or, for a candidate who is elected to office, up to the date that the candidate is sworn into office.
(C)A candidate who uses campaign funds for mental healthcare health care expenses shall report this use on a campaign statement filed pursuant to Section 84211 and shall note on that statement which one or more of the categories enumerated in clause (ii) of subparagraph (A) that they experienced. A candidate shall not be required to provide further detail on the campaign statement as to the underlying campaign-related circumstances or events that gave rise to the need for mental healthcare health care services. To use campaign funds for mental healthcare health care expenses under this subdivision, it is not necessary for the candidate to have reported the underlying campaign-related circumstances or events to a law enforcement agency or for the circumstances or events to have given rise to civil or criminal proceedings.
(D)For purposes of this subdivision, the following terms have the following meanings:
(i)Threat or other criminal act refers to any threat or other criminal act prohibited by the Penal Code or other statute.
(ii)Harassment means persistent or severe, uninvited behavior, attention, comments, or actions, whether in person, in writing, or in online or virtual settings, that upset, belittle, humiliate, or otherwise cause distress, fear, or discomfort.
(iii)Mental healthcare health care expenses refers to expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the Board of Behavioral Sciences, or an associate accruing the hours for such a license, to address mental health issues.
(iv)Prejudice means behavior, attention, comments, or actions that target a candidate based on a category protected under federal or state antidiscrimination laws, including age, ancestry, color, disability, gender, gender identity, national origin, race, religion, sex, and sexual orientation.
(E)For purposes of the recordkeeping requirements described in Section 84104, a candidate shall maintain records relating to the mental healthcare health care services that they receive, including the name, license number, and license type of the mental healthcare health care service provider and invoices for services paid for, or reimbursed by, for by campaign funds.
(F)Expenditures by a committee to pay for mental healthcare health care services pursuant to this paragraph are directly related to a political, legislative, or governmental purpose.
(4)Except as provided in paragraph (3), campaign funds shall not be used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Health-related expenses include examinations by physicians or dentists and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. However, campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
(c)(1)Campaign funds shall not be used to pay or reimburse fines, penalties, judgments, or settlements, except those resulting from either of the following:
(A)Parking citations incurred in the performance of an activity that was directly related to a political, legislative, or governmental purpose.
(B)Any other action for which payment of attorneys fees from contributions would be permitted pursuant to this title. However, campaign funds shall not be used to pay a fine, penalty, judgment, or settlement relating to an expenditure of campaign funds that resulted in either of the following:
(i)A personal benefit to the candidate or officer if it is determined that the expenditure was not reasonably related to a political, legislative, or governmental purpose.
(ii)A substantial personal benefit to the candidate or officer if it is determined that the expenditure was not directly related to a political, legislative, or governmental purpose.
(2)Campaign funds shall not be used to pay a restitution fine imposed under Section 86 of the Penal Code.
(d)Campaign funds shall not be used for campaign, business, or casual clothing except specialty clothing that is not suitable for everyday use, including, but not limited to, formal wear, if this attire is to be worn by the candidate or elected officer and is directly related to a political, legislative, or governmental purpose.
(e)(1)Except as otherwise prohibited by law, campaign funds may be used to purchase or reimburse for the costs of purchase of tickets to political fundraising events for the attendance of a candidate, elected officer, or the candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee or the elected officers governmental agency.
(2)Campaign funds shall not be used to pay for or reimburse for the costs of tickets for entertainment or sporting events for the candidate, elected officer, or members of the candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee, unless their attendance at the event is directly related to a political, legislative, or governmental purpose.
(3)The purchase of tickets for entertainment or sporting events for the benefit of persons other than the candidate, elected officer, or the candidates or elected officers immediate family are governed by subdivision (f).
(f)(1)Campaign funds shall not be used to make personal gifts unless the gift is directly related to a political, legislative, or governmental purpose. The refund of a campaign contribution does not constitute the making of a gift.
(2)This section does not prohibit the use of campaign funds to reimburse or otherwise compensate a public employee for services rendered to a candidate or committee while on vacation, leave, or otherwise outside of compensated public time.
(3)An election victory celebration or similar campaign event, or gifts with a total cumulative value of less than two hundred fifty dollars ($250) in a single year made to an individual employee, a committee worker, or an employee of the elected officers agency, are considered to be directly related to a political, legislative, or governmental purpose. For purposes of this paragraph, a gift to a member of a persons immediate family shall be deemed to be a gift to that person.
(g)Campaign funds shall not be used to make loans other than to organizations pursuant to Section 89515, or, unless otherwise prohibited, to a candidate for elective office, political party, or committee.
(h)(1)Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses.
(2)For the purpose of this subdivision, sexual assault and sexual abuse have the same meaning as in Section 11165.1 of the Penal Code and sexual harassment has the same meaning as in subdivision (j) of Section 12940 of the Government Code.
(i)(1)For purposes of this subdivision, childcare expenses include the reasonable costs of professional daycare services, babysitting, nannying services, food and beverages, transportation to and from the location of a childcare services provider, before and after school programs, summer day camps, and preschool. Additional qualifying expenses include costs related to a nurse, home care provider, or other care provider for a disabled dependent child. Childcare expenses do not include private school tuition, medical expenses, tutoring services, or payments to a relative, within the third degree of consanguinity, of a child, unless the relative owns or operates a professional daycare or babysitting service and the cost of the service is no greater than the relative would otherwise charge.
(2)Campaign funds may be used to pay or reimburse a candidate for reasonable and necessary childcare expenses for a dependent child resulting directly from the candidate engaging in campaign activities. For purposes of this paragraph, directly means that the candidate would not have incurred the childcare expenses if the candidate did not engage in the campaign activities.
(3)This section shall not be construed to limit the use of campaign funds to pay for childcare expenses resulting from an officeholder engaging in a campaign activity with both political and legislative or governmental purposes.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
This section governs the use of campaign funds for the specific expenditures set forth in this section. It is the intent of the Legislature that this section shall guide the interpretation of the standard imposed by Section 89512 as applied to other expenditures not specifically set forth in this section.
(a)(1)Campaign funds shall not be used to pay or reimburse the candidate, the elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or employees or staff of the committee or the elected officers governmental agency for travel expenses and necessary accommodations except when these expenditures are directly related to a political, legislative, or governmental purpose.
(2)For the purposes of this section, payments or reimbursements for travel and necessary accommodations shall be considered as directly related to a political, legislative, or governmental purpose if the payments would meet standards similar to the standards of the Internal Revenue Service pursuant to Sections 162 and 274 of the Internal Revenue Code for deductions of travel expenses under the federal income tax law.
(3)For the purposes of this section, payments or reimbursement for travel by the household of a candidate or elected officer when traveling to the same destination in order to accompany the candidate or elected officer shall be considered for the same purpose as the candidates or elected officers travel.
(4)Whenever campaign funds are used to pay or reimburse a candidate, elected officer, the candidate candidates or elected officers representative, or a member of the candidates household for travel expenses and necessary accommodations, the expenditure shall be reported as required by Section 84211.
(5)Whenever campaign funds are used to pay or reimburse for travel expenses and necessary accommodations, any mileage credit that is earned or awarded pursuant to an airline bonus mileage program shall be deemed personally earned by or awarded to the individual traveler. The earning or awarding of mileage credit and the redeeming of credit for actual travel are not subject to reporting pursuant to Section 84211.
(b)(1)Campaign funds shall not be used to pay for or reimburse the cost of professional services unless the services are directly related to a political, legislative, or governmental purpose.
(2)Expenditures by a committee to pay for professional services reasonably required by the committee to assist it in the performance of its administrative functions are directly related to a political, legislative, or governmental purpose.
(3)(A)From the date upon which a candidate committee is established to the date that the election results are certified, campaign Campaign funds may be used to pay or reimburse a non-incumbent candidate for reasonable and necessary mental healthcare expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the candidate following conditions are satisfied:
(i)The candidate does not have health insurance or has been denied coverage for their health insurance does not cover the full cost of these mental healthcare expenses by their health insurance. expenses.
(ii)The candidate has experienced at least one of the following categories of underlying campaign-related circumstances or events, which have resulted in the need for mental healthcare services:
(I)Harassment.
(II)Prejudice.
(III)A threat or other criminal act.
(B)Campaign funds may be used for the purposes described in subparagraph (A) from the date upon which a candidate committee is established to the date that the Secretary of State certifies the election results or, for a candidate who is elected to office, to the date that the candidate is sworn into office.
(C)A candidate who uses campaign funds utilized for mental healthcare expenses must be reported as required by shall report this use on a campaign statement filed pursuant to Section 84211 and such disclosures must shall note on that statement which one or more of the categories enumerated in clause (ii) of subparagraph (A) that they experienced. A candidate shall not be required to provide further detail on the campaign statement as to the underlying campaign-related circumstances or events that have given gave rise to the need for mental health expenses. For healthcare services. To use campaign funds for mental healthcare expenses under this subdivision, it is not necessary for the candidate to have reported the underlying campaign-related circumstances or events to a law enforcement agency or for the circumstances or events to have given rise to civil or criminal proceedings.
(D)For purposes of this subdivision, mental the following terms have the following meanings:
(i)Threat or other criminal act refers to any threat or other criminal act prohibited by the Penal Code or other statute.
(ii)Harassment means persistent or severe, uninvited behavior, attention, comments, or actions, whether in person, in writing, or in online or virtual settings, that upset, belittle, humiliate, or otherwise cause distress, fear, or discomfort.
(iii)Mental healthcare expenses refers to expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the California Board of Behavioral Sciences, or an associate accruing the house hours for such a license, to address mental health issues.
(iv)Prejudice means behavior, attention, comments, or actions that target a candidate based on a category protected under federal or state antidiscrimination laws, including age, ancestry, color, disability, gender, gender identity, national origin, race, religion, sex, and sexual orientation.
(E)For purposes of the recordkeeping requirements described in Section 84104, a candidate shall maintain records relating to the mental healthcare services that they receive, including the name, license number, and license type of the mental healthcare service provider and invoices for services paid for, or reimbursed by, campaign funds.
(F)Expenditures by a committee to pay for mental healthcare services pursuant to this paragraph are directly related to a political, legislative, or governmental purpose.
(4)Campaign Except as provided in paragraph (3), campaign funds shall not be used to pay physical health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Physical health-related Health-related expenses includes, but is not limited to, include examinations by physicians or dentists and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods to treat physical ailments, as distinct from mental healthcare expenses, defined in paragraph (3) of subdivision (b). foods. However, campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
(c)(1)Campaign funds shall not be used to pay or reimburse fines, penalties, judgments, or settlements, except those resulting from either of the following:
(A)Parking citations incurred in the performance of an activity that was directly related to a political, legislative, or governmental purpose.
(B)Any other action for which payment of attorneys fees from contributions would be permitted pursuant to this title. However, campaign funds shall not be used to pay a fine, penalty, judgment, or settlement relating to an expenditure of campaign funds that resulted in either of the following:
(i)A personal benefit to the candidate or officer if it is determined that the expenditure was not reasonably related to a political, legislative, or governmental purpose.
(ii)A substantial personal benefit to the candidate or officer if it is determined that the expenditure was not directly related to a political, legislative, or governmental purpose.
(2)Campaign funds shall not be used to pay a restitution fine imposed under Section 86 of the Penal Code.
(d)Campaign funds shall not be used for campaign, business, or casual clothing except specialty clothing that is not suitable for everyday use, including, but not limited to, formal wear, if this attire is to be worn by the candidate or elected officer and is directly related to a political, legislative, or governmental purpose.
(e)(1)Except as otherwise prohibited by law, campaign funds may be used to purchase or reimburse for the costs of purchase of tickets to political fundraising events for the attendance of a candidate, elected officer, or the candidate candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee or the elected officers governmental agency.
(2)Campaign funds shall not be used to pay for or reimburse for the costs of tickets for entertainment or sporting events for the candidate, elected officer, or members of the candidate candidates or elected officers immediate family, or an officer, director, employee, or staff of the committee, unless their attendance at the event is directly related to a political, legislative, or governmental purpose.
(3)The purchase of tickets for entertainment or sporting events for the benefit of persons other than the candidate, elected officer, or the candidate candidates or elected officers immediate family are governed by subdivision (f).
(f)(1)Campaign funds shall not be used to make personal gifts unless the gift is directly related to a political, legislative, or governmental purpose. The refund of a campaign contribution does not constitute the making of a gift.
(2)This section does not prohibit the use of campaign funds to reimburse or otherwise compensate a public employee for services rendered to a candidate or committee while on vacation, leave, or otherwise outside of compensated public time.
(3)An election victory celebration or similar campaign event, or gifts with a total cumulative value of less than two hundred fifty dollars ($250) in a single year made to an individual employee, a committee worker, or an employee of the elected officers agency, are considered to be directly related to a political, legislative, or governmental purpose. For purposes of this paragraph, a gift to a member of a persons immediate family shall be deemed to be a gift to that person.
(g)Campaign funds shall not be used to make loans other than to organizations pursuant to Section 89515, or, unless otherwise prohibited, to a candidate for elective office, political party, or committee.
(h)(1)Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses.
(2)For the purpose of this subdivision, sexual assault and sexual abuse have the same meaning as in Section 11165.1 of the Penal Code and sexual harassment has the same meaning as in subdivision (j) of Section 12940 of the Government Code.
(i)(1)For purposes of this subdivision, childcare expenses include the reasonable costs of professional daycare services, babysitting, nannying services, food and beverages, transportation to and from the location of a childcare services provider, before and after school programs, summer day camps, and preschool. Additional qualifying expenses include costs related to a nurse, home care provider, or other care provider for a disabled dependent child. Childcare expenses do not include private school tuition, medical expenses, tutoring services, or payments to a relative, within the third degree of consanguinity, of a child, unless the relative owns or operates a professional daycare or babysitting service and the cost of the service is no greater than the relative would otherwise charge.
(2)Campaign funds may be used to pay or reimburse a candidate for reasonable and necessary childcare expenses for a dependent child resulting directly from the candidate engaging in campaign activities. For purposes of this paragraph, directly means that the candidate would not have incurred the childcare expenses if the candidate did not engage in the campaign activities.
(3)This section shall not be construed to limit the use of campaign funds to pay for childcare expenses resulting from an officeholder engaging in a campaign activity with both political and legislative or governmental purposes.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2.SEC. 3.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
REVISIONS: HeadingLine 2.This section governs the use of campaign funds for the specific expenditures set forth in this section. It is the intent of the Legislature that this section shall guide the interpretation of the standard imposed by Section 89512 as applied to other expenditures not specifically set forth in this section.
(a)(1)Campaign funds shall not be used to pay or reimburse the candidate, the elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or employees or staff of the committee or the elected officers governmental agency for travel expenses and necessary accommodations except when these expenditures are directly related to a political, legislative, or governmental purpose.
(2)For the purposes of this section, payments or reimbursements for travel and necessary accommodations shall be considered as directly related to a political, legislative, or governmental purpose if the payments would meet standards similar to the standards of the Internal Revenue Service pursuant to Sections 162 and 274 of the Internal Revenue Code for deductions of travel expenses under the federal income tax law.
(3)For the purposes of this section, payments or reimbursement for travel by the household of a candidate or elected officer when traveling to the same destination in order to accompany the candidate or elected officer shall be considered for the same purpose as the candidates or elected officers travel.
(4)Whenever campaign funds are used to pay or reimburse a candidate, elected officer, the candidate or elected officers representative, or a member of the candidates household for travel expenses and necessary accommodations, the expenditure shall be reported as required by Section 84211.
(5)Whenever campaign funds are used to pay or reimburse for travel expenses and necessary accommodations, any mileage credit that is earned or awarded pursuant to an airline bonus mileage program shall be deemed personally earned by or awarded to the individual traveler. The earning or awarding of mileage credit and the redeeming of credit for actual travel are not subject to reporting pursuant to Section 84211.
(b)(1)Campaign funds shall not be used to pay for or reimburse the cost of professional services unless the services are directly related to a political, legislative, or governmental purpose.
(2)Expenditures by a committee to pay for professional services reasonably required by the committee to assist it in the performance of its administrative functions are directly related to a political, legislative, or governmental purpose.
(3)(A)From the date upon which a candidate committee is established to the date that the election results are certified, campaign funds may be used to pay or reimburse a non-incumbent candidate for reasonable and necessary mental healthcare expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if the candidate does not have health insurance or has been denied coverage for these mental healthcare expenses by their health insurance.
(B)Campaign funds utilized for mental healthcare expenses must be reported as required by Section 84211 and such disclosures must note the underlying campaign-related circumstances or events that have given rise to the need for mental health expenses. For purposes of this subdivision, mental healthcare expenses refers to expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the California Board of Behavioral Sciences, or an associate accruing the house for such a license, to address mental health issues.
(3)(4)Campaign funds shall not be used to pay physical health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Health-related Physical health-related expenses includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors physicians or dentists and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. foods to treat physical ailments, as distinct from mental healthcare expenses, defined in paragraph (3) of subdivision (b). However, campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
(c)(1)Campaign funds shall not be used to pay or reimburse fines, penalties, judgments, or settlements, except those resulting from either of the following:
(A)Parking citations incurred in the performance of an activity that was directly related to a political, legislative, or governmental purpose.
(B)Any other action for which payment of attorneys fees from contributions would be permitted pursuant to this title. However, campaign funds shall not be used to pay a fine, penalty, judgment, or settlement relating to an expenditure of campaign funds that resulted in either of the following:
(i)A personal benefit to the candidate or officer if it is determined that the expenditure was not reasonably related to a political, legislative, or governmental purpose.
(ii)A substantial personal benefit to the candidate or officer if it is determined that the expenditure was not directly related to a political, legislative, or governmental purpose.
(2)Campaign funds shall not be used to pay a restitution fine imposed under Section 86 of the Penal Code.
(d)Campaign funds shall not be used for campaign, business, or casual clothing except specialty clothing that is not suitable for everyday use, including, but not limited to, formal wear, if this attire is to be worn by the candidate or elected officer and is directly related to a political, legislative, or governmental purpose.
(e)(1)Except as otherwise prohibited by law, campaign funds may be used to purchase or reimburse for the costs of purchase of tickets to political fundraising events for the attendance of a candidate, elected officer, or the candidate or elected officers immediate family, or an officer, director, employee, or staff of the committee or the elected officers governmental agency.
(2)Campaign funds shall not be used to pay for or reimburse for the costs of tickets for entertainment or sporting events for the candidate, elected officer, or members of the candidate or elected officers immediate family, or an officer, director, employee, or staff of the committee, unless their attendance at the event is directly related to a political, legislative, or governmental purpose.
(3)The purchase of tickets for entertainment or sporting events for the benefit of persons other than the candidate, elected officer, or the candidate or elected officers immediate family are governed by subdivision (f).
(f)(1)Campaign funds shall not be used to make personal gifts unless the gift is directly related to a political, legislative, or governmental purpose. The refund of a campaign contribution does not constitute the making of a gift.
(2)This section does not prohibit the use of campaign funds to reimburse or otherwise compensate a public employee for services rendered to a candidate or committee while on vacation, leave, or otherwise outside of compensated public time.
(3)An election victory celebration or similar campaign event, or gifts with a total cumulative value of less than two hundred fifty dollars ($250) in a single year made to an individual employee, a committee worker, or an employee of the elected officers agency, are considered to be directly related to a political, legislative, or governmental purpose. For purposes of this paragraph, a gift to a member of a persons immediate family shall be deemed to be a gift to that person.
(g)Campaign funds shall not be used to make loans other than to organizations pursuant to Section 89515, or, unless otherwise prohibited, to a candidate for elective office, political party, or committee.
(h)(1)Campaign funds shall not be used to pay or reimburse a candidate or elected officer for a penalty, judgment, or settlement related to a claim of sexual assault, sexual abuse, or sexual harassment filed against the candidate or elective officer in any civil, criminal, or administrative proceeding. If a candidate or elected officer uses campaign funds for other legal costs and expenses related to claims of those unlawful practices and is held liable for such a violation, the candidate or elected officer shall reimburse the campaign for all funds used in connection with those other legal costs and expenses.
(2)For the purpose of this subdivision, sexual assault and sexual abuse have the same meaning as in Section 11165.1 of the Penal Code and sexual harassment has the same meaning as in subdivision (j) of Section 12940 of the Government Code.
(i)(1)For purposes of this subdivision, childcare expenses include the reasonable costs of professional daycare services, babysitting, nannying services, food and beverages, transportation to and from the location of a childcare services provider, before and after school programs, summer day camps, and preschool. Additional qualifying expenses include costs related to a nurse, home care provider, or other care provider for a disabled dependent child. Childcare expenses do not include private school tuition, medical expenses, tutoring services, or payments to a relative, within the third degree of consanguinity, of a child, unless the relative owns or operates a professional daycare or babysitting service and the cost of the service is no greater than the relative would otherwise charge.
(2)Campaign funds may be used to pay or reimburse a candidate for reasonable and necessary childcare expenses for a dependent child resulting directly from the candidate engaging in campaign activities. For purposes of this paragraph, directly means that the candidate would not have incurred the childcare expenses if the candidate did not engage in the campaign activities.
(3)This section shall not be construed to limit the use of campaign funds to pay for childcare expenses resulting from an officeholder engaging in a campaign activity with both political and legislative or governmental purposes.
SEC. 2.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
|
Date
|
Status
|
|---|---|
| Sep 22, 2024 | In Senate. Consideration of Governor's veto pending. |
| Sep 22, 2024 | Vetoed by the Governor. |
| Sep 11, 2024 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 31, 2024 | Assembly amendments concurred in. (Ayes 31. Noes 9. Page 5771.) Ordered to engrossing and enrolling. |
| Aug 30, 2024 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 30, 2024 | Read third time. Passed. (Ayes 60. Noes 11. Page 6972.) Ordered to the Senate. |
| Aug 22, 2024 | Read third time and amended. |
| Aug 22, 2024 | Ordered to third reading. |
| Aug 20, 2024 | Read second time. Ordered to third reading. |
| Aug 19, 2024 | Read second time and amended. Ordered to second reading. |
| Aug 15, 2024 | From committee: Do pass as amended. (Ayes 11. Noes 3.) (August 15). |
| Jul 2, 2024 | July 2 set for first hearing. Placed on suspense file. |
| Jun 26, 2024 | June 26 hearing postponed by committee. |
| Jun 12, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 12). Re-referred to Com. on APPR. |
| Jun 12, 2024 | Coauthors revised. |
| Jun 4, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ELECTIONS. |
| May 28, 2024 | Referred to Com. on ELECTIONS. |
| May 22, 2024 | In Assembly. Read first time. Held at Desk. |
| May 21, 2024 | Read third time. Passed. (Ayes 31. Noes 8. Page 4082.) Ordered to the Assembly. |
| May 1, 2024 | Read second time. Ordered to third reading. |
| Apr 30, 2024 | From committee: Do pass. (Ayes 6. Noes 0. Page 3810.) (April 30). |
| Apr 12, 2024 | Set for hearing April 30. |
| Feb 21, 2024 | Referred to Com. on E. & C.A. |
| Feb 15, 2024 | From printer. May be acted upon on or after March 16. |
| Feb 14, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2024 | Unfinished Business SB1170 Menjivar et al. Concurrence | Senate Floor |
Passed |
|
| Aug 30, 2024 | SB 1170 Menjivar Senate Third Reading By Pellerin | Assembly Floor |
Passed |
|
| Aug 15, 2024 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2024 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections |
Passed |
|
| May 21, 2024 | Senate 3rd Reading SB1170 Menjivar | Senate Floor |
Passed |
|
| Apr 30, 2024 | Do pass | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Brennan Center for Justice at NYU Law | ** Support | |
| California Democratic Party | ** Support | |
| CALIFORNIA WOMENS LIST | ** Support | |
| Campaign funds for health-related expenses. This bill would create new exceptions to that prohibition and open the door for new expansions that go beyond what a reasonable donor would expect. | ** Against | |
| CFT - A Union of Educators and Classified Professionals, AFT, AFL-CIO | ** Support | |
| Close The Gap California | ** Support | |
| County of Los Angeles Board of Supervisors | ** Support | |
| Democratic Women’s Club of San Diego | ** Support | |
| Farrah N. Khan, Mayor of the City of Irvine | ** Support | |
| Fund Her | ** Support | |
| Latina Democratic Club | ** Support | |
| Los Angeles County | * Support | Jun 14, 2024 |
| Los Angeles County Board of Supervisors | ** Support | |
| LOS ANGELES COUNTY YOUNG DEMOCRATS | ** Support | |
| NATIONAL WOMENS POLITICAL CAUCUS OF CALIFORNIA | ** Support | |
| Sacramento City Council | * Support | Jun 12, 2024 |
| San Fernando Valley Young Democrats | ** Support | |
| San Francisco Board of Supervisors | ** Support | |
| San Francisco Womens Political Committee | ** Support | |
| Under current statute, the Political Reform Act prohibits the use of | ** Against | |
| Vote Mama Foundation | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1170 |
VETO
Bill No: SB 1170
Author: Menjivar (D), et al.
Enrolled: 9/5/24
Vote: 27
SENATE ELECTIONS & C.A. COMMITTEE: 6-0, 4/30/24
AYES: Blakespear, Allen, Menjivar, Newman, Portantino, Umberg
NO VOTE RECORDED: Nguyen
SENATE FLOOR: 31-8, 5/21/24
AYES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NOES: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
NO VOTE RECORDED: Allen
SENATE FLOOR: 31-9, 8/31/24
AYES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NOES: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ASSEMBLY FLOOR: 60-11, 8/30/24 - See last page for vote
SUBJECT: Political Reform Act of 1974: campaign funds
SOURCE: California Women’s List
DIGEST:
This bill permits campaigns funds to be used for reasonable and necessary mental health care expenses to address mental health issues that arise during a campaign or have been adversely impacted by campaign activities, as specified.
ANALYSIS:
Existing law:
- Establishes the Fair Political Practices Commission (FPPC) and makes it responsible for the impartial, effective administration and implementation of the Political Reform Act of 1974 (PRA).
- Requires an expenditure of campaign funds to be related to a political, legislative, or governmental purpose, as specified.
- Prohibits campaign funds, among other prohibitions, from being used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Provides that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. Provides that campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
- Provides that the PRA may be amended to further its purposes by statute if the measure is passed in each house by a two-thirds vote and signed by the Governor, as specified. Provides that the PRA may be amended or repealed when approved by voters.
This bill:
- Permits campaign funds to be used to pay a candidate for reasonable and necessary mental health care expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
- The candidate does not have health insurance or their health insurance does not cover the full cost of these mental health care expenses. Permits campaign funds to be used to pay for the portion not covered by health insurance.
- The candidate has experienced harassment, prejudice, or a threat or other criminal act, which resulted in the need for mental health care services.
- Permits campaign funds to be used for 1) starting 12 months before the date of the election and up to the date that the Secretary of State or local elections official certifies the election results or, for a candidate who is elected to office, up to the date that the candidate is sworn into office.
- Requires a candidate who uses campaign funds for mental health care expenses to report this use on a campaign statement filed. Provides a candidate is not required to provide further detail on the campaign statement as to the underlying campaign-related circumstances or events that gave rise to the need for mental health care services. Provides that it is not necessary for the candidate to report the underlying campaign-related circumstances or events to a law enforcement agency or for the circumstances or events to have given rise to civil or criminal proceedings to use campaign funds for mental health care expenses.
- Makes technical and corresponding changes.
- Addresses chaptering issues between this bill and AB 2803 (Valencia, Chapter 576, Statutes of 2024).
Background
Use of Campaign Funds. The PRA strictly regulates the use of campaign funds by candidates, elected officials, and others who control the expenditure of those funds. Existing law generally requires expenditures of campaign funds to be either reasonably related to a political, legislative, or governmental purpose. Any expenditure of campaign funds that confers a substantial personal benefit on anyone with authority to approve the expenditure of campaign funds needs to be directly related to a political, legislative, or governmental purpose of the committee. A substantial personal benefit means an expenditure of campaign funds which results in a direct personal benefit with a value of more than $200.
Recent Research. In August of 2023, California Women’s List analyzed the mental health impacts of hostility directed at candidates pursuing federal, state, or local offices in California. The study received 103 responses from people of various gender identities who ran for elected office in California between 2016 and 2022. According to the study, approximately 80 percent of all respondents reported experiencing new mental health or wellness-related symptoms that stemmed from hostility experienced during their campaigns. The report noted that the most commonly experienced problems were sleep disturbance and fatigue, excessive anxiety and worry, and diminished ability to think or concentrate. To address these issues, the study recommended the Legislature amend the PRA to allow candidates to use campaign funds for mental health services.
Comments
- According to the author, “Harassment and threats are pervasive on the campaign trail, with those who are underrepresented in government disproportionately reporting severe hostility, stalking, and even physical violence. The mental health toll that harassment and stalking take can be detrimental to a candidate’s campaign, especially for women, women of color, and LGBTQ+ folks. We cannot stop harassment from occurring, but by allowing campaign funds to be used for mental health care costs, we can support candidates’ sense of well-being as we strive to increase the diversity of voices in government. Research has found that around 80% of respondents reported experiencing new or worsened mental health or well-being symptoms that they believed were caused, in whole or in part, by hostility experienced on the campaign trail. Such symptoms include increased anxiety, sleep disturbance, panic attacks, and dissociative reactions. SB 1170 will address this by allowing candidates running for political office to use campaign funds for campaign-related mental health care services.”
- Furthering the Purposes of the PRA. Existing law prohibits the use of campaign funds for health-related expenses. The PRA specifies that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. This bill seeks to allow campaign funds to be used for mental health care expenses. Amendments to the PRA through legislation is only permissible if it furthers the purposes of the PRA.
Related/Prior Legislation
AB 220 (Bonta, Chapter 384, Statutes of 2019) permitted candidates to use campaign funds for childcare expenses incurred while the candidate is engaging in campaign activities.
SB 1431 (Roberti, Chapter 1452, Statutes of 1989) prohibited, among other provisions relating to the use of campaign funds, the use of campaign funds for health-related expenses of a candidate, elected official, or their immediate family.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
Annual costs of approximately $150,000 to the FPPC for an additional enforcement position (General Fund (GF)). FPPC notes the increased complexity of investigating a complaint that involves reimbursed funds, as such workload requires obtaining access to personal financial records in addition to the campaign’s financial records. According to the Legislative Analyst’s Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
SUPPORT: (Verified 10/7/24)
California Women’s List (source)
Mayor Farrah N. Khan, City of Irvine
Brennan Center for Justice at NYU Law
California Democratic Party
CFT – A Union of Educators and Classified Professionals, AFT, AFL - CIO
Close the Gap California
County of Los Angeles Board of Supervisors
Democratic Woman’s Club of San Diego
Fund Her
Latina Democratic Club
Los Angeles County Board of Supervisors
Los Angeles County Young Democrats
National Women’s Political Caucus of California
San Francisco Board of Supervisors
San Francisco Women’s Political Committee
Vote Mama Foundation
1 individual
OPPOSITION: (Verified 10/7/24)
None received
GOVERNOR'S VETO MESSAGE:
I am returning Senate Bill 1170 without my signature.
This bill would allow campaign funds to be used for mental health care expenses to address mental health issues that arise during a campaign or for candidates who have been adversely impacted by campaign-related activities, under specific conditions.
Under current statute, the Political Reform Act prohibits the use of
Campaign funds for health-related expenses. This bill would create new exceptions to that prohibition and open the door for new expansions that go beyond what a reasonable donor would expect.
For this reason, I cannot sign this bill.
ASSEMBLY FLOOR: 60-11, 8/30/24
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Flora, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Stephanie Nguyen, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Alanis, Chen, Megan Dahle, Davies, Dixon, Essayli, Gallagher, Hoover, Joe Patterson, Ta, Wallis
NO VOTE RECORDED: Bains, Cervantes, Hart, Muratsuchi, Ortega, Jim Patterson, Sanchez, Weber
Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106
10/9/24 10:15:38
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1170 |
UNFINISHED BUSINESS
Bill No: SB 1170
Author: Menjivar (D), et al.
Amended: 8/22/24
Vote: 27
SENATE ELECTIONS & C.A. COMMITTEE: 6-0, 4/30/24
AYES: Blakespear, Allen, Menjivar, Newman, Portantino, Umberg
NO VOTE RECORDED: Nguyen
SENATE FLOOR: 31-8, 5/21/24
AYES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NOES: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
NO VOTE RECORDED: Allen
ASSEMBLY FLOOR: 60-11, 8/30/24 - See last page for vote
SUBJECT: Political Reform Act of 1974: campaign funds
SOURCE: California Women’s List
DIGEST:
This bill permits campaigns funds to be used for reasonable and necessary mental health care expenses to address mental health issues that arise during a campaign or have been adversely impacted by campaign activities, as specified.
Assembly Amendments
provided additional specificity and conditions for when campaign funds can be used for mental health care expenses, added coauthors, address chaptering issues with AB 2803 (Valencia, 2024), and made technical changes.
ANALYSIS:
Existing law:
- Establishes the Fair Political Practices Commission (FPPC), and makes it responsible for the impartial, effective administration and implementation of the Political Reform Act of 1974 (PRA).
- Requires an expenditure of campaign funds to be related to a political, legislative or governmental purpose, as specified.
- Prohibits campaign funds, among other prohibitions, from being used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Provides that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. Provides that campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
- Provides that the PRA may be amended to further its purposes by statute if the measure is passed in each house by a two-thirds vote and signed by the Governor, as specified. Provides that the PRA may be amended or repealed when approved by voters.
This bill:
- Permits campaign funds to be used to pay a candidate for reasonable and necessary mental health care expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
- The candidate does not have health insurance or their health insurance does not cover the full cost of these mental health care expenses. Permits campaign funds to be used to pay for the portion not covered by health insurance; and
- The candidate has experienced harassment, prejudice, or a threat or other criminal act, which resulted in the need for mental health care services.
- Permits campaign funds to be used for 1) starting 12 months before the date of the election and up to the date that the Secretary of State or local elections official certifies the election results or, for a candidate who is elected to office, up to the date that the candidate is sworn into office.
- Requires a candidate who uses campaign funds for mental health care expenses to report this use on a campaign statement filed. Provides a candidate is not required to provide further detail on the campaign statement as to the underlying campaign-related circumstances or events that gave rise to the need for mental health care services. Provides that it is not necessary for the candidate to report the underlying campaign-related circumstances or events to a law enforcement agency or for the circumstances or events to have given rise to civil or criminal proceedings to use campaign funds for mental health care expenses.
- Makes technical and corresponding changes.
- Addresses chaptering issues between this bill and AB 2803 (Valencia, 2024).
Background
Use of Campaign Funds. The PRA strictly regulates the use of campaign funds by candidates, elected officials, and others who control the expenditure of those funds. Existing law generally requires expenditures of campaign funds to be either reasonably related to a political, legislative, or governmental purpose. Any expenditure of campaign funds that confers a substantial personal benefit on anyone with authority to approve the expenditure of campaign funds needs to be directly related to a political, legislative, or governmental purpose of the committee. A substantial personal benefit means an expenditure of campaign funds which results in a direct personal benefit with a value of more than $200.
Recent Research. In August of 2023, California Women’s List analyzed the mental health impacts of hostility directed at candidates pursuing federal, state, or local offices in California. The study received 103 responses from people of various gender identities who ran for elected office in California between 2016 and 2022. According to the study, approximately 80 percent of all respondents reported experiencing new mental health or wellness-related symptoms that stemmed from hostility experienced during their campaigns. The report noted that the most commonly experienced problems were sleep disturbance and fatigue, excessive anxiety and worry, and diminished ability to think or concentrate. To address these issues, the study recommended the Legislature amend the PRA to allow candidates to use campaign funds for mental health services.
Comments
- According to the author: “Harassment and threats are pervasive on the campaign trail, with those who are underrepresented in government disproportionately reporting severe hostility, stalking, and even physical violence. The mental health toll that harassment and stalking take can be detrimental to a candidate’s campaign, especially for women, women of color, and LGBTQ+ folks. We cannot stop harassment from occurring, but by allowing campaign funds to be used for mental health care costs, we can support candidates’ sense of well-being as we strive to increase the diversity of voices in government. Research has found that around 80% of respondents reported experiencing new or worsened mental health or well-being symptoms that they believed were caused, in whole or in part, by hostility experienced on the campaign trail. Such symptoms include increased anxiety, sleep disturbance, panic attacks, and dissociative reactions. SB 1170 will address this by allowing candidates running for political office to use campaign funds for campaign-related mental health care services.”
- Furthering the Purposes of the PRA. Existing law prohibits the use of campaign funds for health-related expenses. The PRA specifies that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. This bill seeks to allow campaign funds to be used for mental health care expenses. Amendments to the PRA through legislation is only permissible if it furthers the purposes of the PRA.
Related/Prior Legislation
AB 220 (Bonta, Chapter 384, Statutes of 2019) permitted candidates to use campaign funds for childcare expenses incurred while the candidate is engaging in campaign activities.
SB 1431 (Roberti, Chapter 1452, Statutes of 1989), among other provisions relating to the use of campaign funds, prohibited the use of campaign funds for health-related expenses of a candidate, elected official, or their immediate family.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
Annual costs of approximately $150,000 to the FPPC for an additional enforcement position (General Fund (GF)). FPPC notes the increased complexity of investigating a complaint that involves reimbursed funds, as such workload requires obtaining access to personal financial records in addition to the campaign’s financial records. According to the Legislative Analyst’s Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
SUPPORT: (Verified 8/26/24)
California Women’s List (source)
Mayor Farrah N. Khan, City of Irvine
Brennan Center for Justice at NYU Law
California Democratic Party
CFT – A Union of Educators and Classified Professionals, AFT, AFL - CIO
Close the Gap California
County of Los Angeles Board of Supervisors
Democratic Women’s Club of San Diego
Fund Her
Latina Democratic Club
Los Angeles County Board of Supervisors
Los Angeles County Young Democrats
National Women’s Political Caucus of California
San Francisco Board of Supervisors
San Francisco Women’s Political Committee
Vote Mama Foundation
1 individual
OPPOSITION: (Verified 8/26/24)
None received
ASSEMBLY FLOOR: 60-11, 8/30/24
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Flora, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Stephanie Nguyen, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Alanis, Chen, Megan Dahle, Davies, Dixon, Essayli, Gallagher, Hoover, Joe Patterson, Ta, Wallis
NO VOTE RECORDED: Bains, Cervantes, Hart, Muratsuchi, Ortega, Jim Patterson, Sanchez, Weber
Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106
8/31/24 17:53:59
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1170 |
UNFINISHED BUSINESS
Bill No: SB 1170
Author: Menjivar (D), et al.
Amended: 8/22/24
Vote: 27
SENATE ELECTIONS & C.A. COMMITTEE: 6-0, 4/30/24
AYES: Blakespear, Allen, Menjivar, Newman, Portantino, Umberg
NO VOTE RECORDED: Nguyen
SENATE FLOOR: 31-8, 5/21/24
AYES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NOES: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
NO VOTE RECORDED: Allen
ASSEMBLY FLOOR: 54-8, 8/30/24 – Roll call vote not available
SUBJECT: Political Reform Act of 1974: campaign funds
SOURCE: California Women’s List
DIGEST:
This bill permits campaigns funds to be used for reasonable and necessary mental health care expenses to address mental health issues that arise during a campaign or have been adversely impacted by campaign activities, as specified.
Assembly Amendments
provided additional specificity and conditions for when campaign funds can be used for mental health care expenses, added coauthors, address chaptering issues with AB 2803 (Valencia, 2024), and made technical changes.
ANALYSIS:
Existing law:
- Establishes the Fair Political Practices Commission (FPPC), and makes it responsible for the impartial, effective administration and implementation of the Political Reform Act of 1974 (PRA).
- Requires an expenditure of campaign funds to be related to a political, legislative or governmental purpose, as specified.
- Prohibits campaign funds, among other prohibitions, from being used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Provides that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. Provides that campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
- Provides that the PRA may be amended to further its purposes by statute if the measure is passed in each house by a two-thirds vote and signed by the Governor, as specified. Provides that the PRA may be amended or repealed when approved by voters.
This bill:
- Permits campaign funds to be used to pay a candidate for reasonable and necessary mental health care expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
- The candidate does not have health insurance or their health insurance does not cover the full cost of these mental health care expenses. Permits campaign funds to be used to pay for the portion not covered by health insurance; and
- The candidate has experienced harassment, prejudice, or a threat or other criminal act, which resulted in the need for mental health care services.
- Permits campaign funds to be used for 1) starting 12 months before the date of the election and up to the date that the Secretary of State or local elections official certifies the election results or, for a candidate who is elected to office, up to the date that the candidate is sworn into office.
- Requires a candidate who uses campaign funds for mental health care expenses to report this use on a campaign statement filed. Provides a candidate is not required to provide further detail on the campaign statement as to the underlying campaign-related circumstances or events that gave rise to the need for mental health care services. Provides that it is not necessary for the candidate to report the underlying campaign-related circumstances or events to a law enforcement agency or for the circumstances or events to have given rise to civil or criminal proceedings to use campaign funds for mental health care expenses.
- Makes technical and corresponding changes.
- Addresses chaptering issues between this bill and AB 2803 (Valencia, 2024).
Background
Use of Campaign Funds. The PRA strictly regulates the use of campaign funds by candidates, elected officials, and others who control the expenditure of those funds. Existing law generally requires expenditures of campaign funds to be either reasonably related to a political, legislative, or governmental purpose. Any expenditure of campaign funds that confers a substantial personal benefit on anyone with authority to approve the expenditure of campaign funds needs to be directly related to a political, legislative, or governmental purpose of the committee. A substantial personal benefit means an expenditure of campaign funds which results in a direct personal benefit with a value of more than $200.
Recent Research. In August of 2023, California Women’s List analyzed the mental health impacts of hostility directed at candidates pursuing federal, state, or local offices in California. The study received 103 responses from people of various gender identities who ran for elected office in California between 2016 and 2022. According to the study, approximately 80 percent of all respondents reported experiencing new mental health or wellness-related symptoms that stemmed from hostility experienced during their campaigns. The report noted that the most commonly experienced problems were sleep disturbance and fatigue, excessive anxiety and worry, and diminished ability to think or concentrate. To address these issues, the study recommended the Legislature amend the PRA to allow candidates to use campaign funds for mental health services.
Comments
- According to the author: “Harassment and threats are pervasive on the campaign trail, with those who are underrepresented in government disproportionately reporting severe hostility, stalking, and even physical violence. The mental health toll that harassment and stalking take can be detrimental to a candidate’s campaign, especially for women, women of color, and LGBTQ+ folks. We cannot stop harassment from occurring, but by allowing campaign funds to be used for mental health care costs, we can support candidates’ sense of well-being as we strive to increase the diversity of voices in government. Research has found that around 80% of respondents reported experiencing new or worsened mental health or well-being symptoms that they believed were caused, in whole or in part, by hostility experienced on the campaign trail. Such symptoms include increased anxiety, sleep disturbance, panic attacks, and dissociative reactions. SB 1170 will address this by allowing candidates running for political office to use campaign funds for campaign-related mental health care services.”
- Furthering the Purposes of the PRA. Existing law prohibits the use of campaign funds for health-related expenses. The PRA specifies that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. This bill seeks to allow campaign funds to be used for mental health care expenses. Amendments to the PRA through legislation is only permissible if it furthers the purposes of the PRA.
Related/Prior Legislation
AB 220 (Bonta, Chapter 384, Statutes of 2019) permitted candidates to use campaign funds for childcare expenses incurred while the candidate is engaging in campaign activities.
SB 1431 (Roberti, Chapter 1452, Statutes of 1989), among other provisions relating to the use of campaign funds, prohibited the use of campaign funds for health-related expenses of a candidate, elected official, or their immediate family.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
Annual costs of approximately $150,000 to the FPPC for an additional enforcement position (General Fund (GF)). FPPC notes the increased complexity of investigating a complaint that involves reimbursed funds, as such workload requires obtaining access to personal financial records in addition to the campaign’s financial records. According to the Legislative Analyst’s Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
SUPPORT: (Verified 8/26/24)
California Women’s List (source)
Mayor Farrah N. Khan, City of Irvine
Brennan Center for Justice at NYU Law
California Democratic Party
CFT – A Union of Educators and Classified Professionals, AFT, AFL - CIO
Close the Gap California
County of Los Angeles Board of Supervisors
Democratic Women’s Club of San Diego
Fund Her
Latina Democratic Club
Los Angeles County Board of Supervisors
Los Angeles County Young Democrats
National Women’s Political Caucus of California
San Francisco Board of Supervisors
San Francisco Women’s Political Committee
Vote Mama Foundation
1 individual
OPPOSITION: (Verified 8/26/24)
None received
Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106
8/30/24 17:27:10
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1170
Author:(Menjivar)
As Amended Ver:August 22, 2024
2/3 vote
SUMMARY
Authorizes campaign funds to be used to pay a candidate's reasonable and necessary mental health care expenses to address mental health issues that arise from campaign-related circumstances or events, as specified.
Major Provisions
- Allows campaign funds to be used to pay a candidate for reasonable and necessary mental healthcare expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
- The candidate does not have health insurance or their health insurance does not cover the full cost of these mental health care expenses. Provides that if the candidate's health insurance does not cover the full cost of the mental health care expenses, campaign funds may be used to pay for the portion not covered by health insurance.
- The candidate has experienced at least one of the following categories of underlying campaign-related circumstances or events, which have resulted in the need for mental health care services: harassment, prejudice, or a threat or other criminal act, as defined.
- Permits campaign funds to be used for the purposes described in 1) starting 12 months before the date of the election and up to the date that the Secretary of State certifies the election results or, for a candidate who is elected to office, up to the date that the candidate is sworn into office.
- Requires a candidate to maintain records of the mental health care services that they receive and to disclose the use of campaign funds for mental health care expenses on relevant campaign statements.
- Defines "mental health care expenses" as expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the Board of Behavioral Sciences, or an associate accruing the hours for such a license, to address mental health issues.
- Contains double-jointing language to avoid chaptering problems with AB 2803 (Valencia).
COMMENTS
The Political Reform Act (PRA) strictly regulates the use of campaign funds, and contributions deposited into a campaign account are deemed to be held in trust for expenses associated with the election of a candidate or for expenses associated with holding office. PRA provisions restricting the "personal use" of campaign funds are designed to prevent candidates, elected officials, and others who control the expenditures of campaign funds from benefiting privately from their campaign activities. In general, the PRA requires most campaign expenditures to be reasonably related to a political, legislative, or governmental purpose. Expenditures of a candidate's or officer's campaign funds that confer a substantial personal benefit on that candidate or officer, however, must meet a higher standard, and be directly related to a political, legislative, or governmental purpose.
Existing law allows campaign funds to be used to pay for health care benefits for a campaign's employees or independent contractors, however, current law explicitly prohibits campaign funds from being used to pay for other health-related expenses, such as health club dues, special dietary foods, or medical check-ups. This bill changes this longstanding prohibition and authorizes a candidate to use campaign funds to pay for mental healthcare expenses.
This bill only creates an exception to allow campaign funds to be used to pay for mental healthcare expenses. It maintains the existing prohibition against allowing expenditures of campaign funds to be used for other health-related expenses. In other words, if a candidate was physically attacked in public while campaigning, this bill would not allow campaign funds to be used to treat their physical injuries, however, they could use campaign funds for any resulting trauma or mental health issues that arise from that incident.
California voters passed an initiative, Proposition 9, in 1974 that created the Fair Political Practices Commission (FPPC) and codified significant restrictions and prohibitions on candidates, officeholders, and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
Please see the policy committee analysis for a full discussion of this bill.
According to the Author
"Harassment and threats are pervasive on the campaign trail, with those who are underrepresented in government disproportionately reporting severe hostility, stalking, and even physical violence. The mental health toll that harassment and stalking take can be detrimental to a candidate's campaign, especially for women, women of color, and LGBTQ+ folks. We cannot stop harassment from occurring, but by allowing campaign funds to be used for mental health care costs, we can support candidates' sense of well-being as we strive to increase the diversity of voices in government. Research has found that around 80% of respondents reported experiencing new or worsened mental health or well-being symptoms that they believed were caused, in whole or in part, by hostility experienced on the campaign trail. Such symptoms include increased anxiety, sleep disturbance, panic attacks, and dissociative reactions. SB 1170 will address this by allowing candidates running for political office to use campaign funds for campaign-related mental health care services."
Arguments in Support
In support of a prior version of the bill, the sponsor of this bill, California Women's List, wrote, "Research has established a direct causal link between campaign hostility and adverse mental health impacts. But for the campaign, candidates would not be experiencing worsened mental health. These mental health impacts in turn affect not just the candidate personally, but how the campaign is run and how offices govern. Further, allowing the mental health impacts of campaign hostility to go unaddressed aggravates attrition of the people most underrepresented in government: women, people of color, and LGBTQ+ individuals…Not only is SB 1170 consistent with the purpose of the Political Reform Act, it already has a model for implementation. In 2019, California passed AB 220 to allow campaign funds to be used for reasonable childcare expenses."
Arguments in Opposition
None received.
FISCAL COMMENTS
According the Assembly Appropriations Committee, annual costs of an unknown amount, but likely minor and absorbable to the FPPC.
According to the Legislative Analyst's Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
VOTES
SENATE FLOOR: 31-8-1
YES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ABS, ABST OR NV: Allen
ASM ELECTIONS: 6-0-2
YES: Pellerin, Lackey, Bennett, Berman, Cervantes, Low
ABS, ABST OR NV: Essayli, Weber
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Ta
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: August 22, 2024
CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0004234
SENATE THIRD READING
STR Bill Id:SB 1170
Author:(Menjivar)
As Amended Ver:August 19, 2024
2/3 vote
SUMMARY
Authorizes campaign funds to be used to pay a candidate's reasonable and necessary mental health care expenses to address mental health issues that arise from campaign-related circumstances or events, as specified.
Major Provisions
- Allows campaign funds to be used to pay a candidate for reasonable and necessary mental healthcare expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
- The candidate does not have health insurance or their health insurance does not cover the full cost of these mental health care expenses. Provides that if the candidate's health insurance does not cover the full cost of the mental health care expenses, campaign funds may be used to pay for the portion not covered by health insurance.
- The candidate has experienced at least one of the following categories of underlying campaign-related circumstances or events, which have resulted in the need for mental health care services: harassment, prejudice, or a threat or other criminal act, as defined.
- Permits campaign funds to be used for the purposes described in 1) starting 12 months before the date of the election and up to the date that the Secretary of State certifies the election results or, for a candidate who is elected to office, up to the date that the candidate is sworn into office.
- Requires a candidate to maintain records of the mental health care services that they receive and to disclose the use of campaign funds for mental health care expenses on relevant campaign statements.
- Defines "mental health care expenses" as expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the Board of Behavioral Sciences, or an associate accruing the hours for such a license, to address mental health issues.
COMMENTS
The Political Reform Act (PRA) strictly regulates the use of campaign funds, and contributions deposited into a campaign account are deemed to be held in trust for expenses associated with the election of a candidate or for expenses associated with holding office. PRA provisions restricting the "personal use" of campaign funds are designed to prevent candidates, elected officials, and others who control the expenditures of campaign funds from benefiting privately from their campaign activities. In general, the PRA requires most campaign expenditures to be reasonably related to a political, legislative, or governmental purpose. Expenditures of a candidate's or officer's campaign funds that confer a substantial personal benefit on that candidate or officer, however, must meet a higher standard, and be directly related to a political, legislative, or governmental purpose.
Existing law allows campaign funds to be used to pay for health care benefits for a campaign's employees or independent contractors, however, current law explicitly prohibits campaign funds from being used to pay for other health-related expenses, such as health club dues, special dietary foods, or medical check-ups. This bill changes this longstanding prohibition and authorizes a candidate to use campaign funds to pay for mental healthcare expenses.
This bill only creates an exception to allow campaign funds to be used to pay for mental healthcare expenses. It maintains the existing prohibition against allowing expenditures of campaign funds to be used for other health-related expenses. In other words, if a candidate was physically attacked in public while campaigning, this bill would not allow campaign funds to be used to treat their physical injuries, however, they could use campaign funds for any resulting trauma or mental health issues that arise from that incident.
California voters passed an initiative, Proposition 9, in 1974 that created the Fair Political Practices Commission (FPPC) and codified significant restrictions and prohibitions on candidates, officeholders, and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature.
Please see the policy committee analysis for a full discussion of this bill.
According to the Author
"Harassment and threats are pervasive on the campaign trail, with those who are underrepresented in government disproportionately reporting severe hostility, stalking, and even physical violence. The mental health toll that harassment and stalking take can be detrimental to a candidate's campaign, especially for women, women of color, and LGBTQ+ folks. We cannot stop harassment from occurring, but by allowing campaign funds to be used for mental health care costs, we can support candidates' sense of well-being as we strive to increase the diversity of voices in government. Research has found that around 80% of respondents reported experiencing new or worsened mental health or well-being symptoms that they believed were caused, in whole or in part, by hostility experienced on the campaign trail. Such symptoms include increased anxiety, sleep disturbance, panic attacks, and dissociative reactions. SB 1170 will address this by allowing candidates running for political office to use campaign funds for campaign-related mental health care services."
Arguments in Support
In support of a prior version of the bill, the sponsor of this bill, California Women's List, wrote, "Research has established a direct causal link between campaign hostility and adverse mental health impacts. But for the campaign, candidates would not be experiencing worsened mental health. These mental health impacts in turn affect not just the candidate personally, but how the campaign is run and how offices govern. Further, allowing the mental health impacts of campaign hostility to go unaddressed aggravates attrition of the people most underrepresented in government: women, people of color, and LGBTQ+ individuals…Not only is SB 1170 consistent with the purpose of the Political Reform Act, it already has a model for implementation. In 2019, California passed AB 220 to allow campaign funds to be used for reasonable childcare expenses."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According the Assembly Appropriations Committee, annual costs of an unknown amount, but likely minor and absorbable to the FPPC.
According to the Legislative Analyst's Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
VOTES
SENATE FLOOR: 31-8-1
YES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ABS, ABST OR NV: Allen
ASM ELECTIONS: 6-0-2
YES: Pellerin, Lackey, Bennett, Berman, Cervantes, Low
ABS, ABST OR NV: Essayli, Weber
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Ta
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: August 19, 2024
CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0004056
Date of Hearing: July 2, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1170
Author:(Menjivar) – As Amended Ver:June 4, 2024
Policy Committee: | Elections | Vote: | 6 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill authorizes the use of candidate campaign funds to pay for or reimburse certain reasonable and necessary mental healthcare expenses.
Specifically, this bill:
- Allows, as an exception to the prohibition on using campaign funds to pay health-related expenses, a candidate to use campaign funds for reasonable and necessary mental healthcare expenses to address issues arising from campaign activities if both of the following are true:
- The candidate does not have health insurance or their insurance does not cover the full cost of mental healthcare expenses.
- The candidate has experienced campaign-related harassment or prejudice or a campaign-related threat or other criminal act, which has resulted in the need for mental healthcare services.
- Defines “mental healthcare expenses” as expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the Board of Behavioral Services (or an associate accruing the hours for such a license).
- Requires the candidate to keep records and disclose general information regarding the use of campaign funds for mental health purposes on relevant campaign statements.
FISCAL EFFECT:
Annual costs of approximately $150,000 to the Fair Political Practices Commission (FPPC) for an additional enforcement position (General Fund (GF)). FPPC notes the increased complexity of investigating a complaint that involves reimbursed funds, as such workload requires obtaining access to personal financial records in addition to the campaign’s financial records.
According to the Legislative Analyst’s Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
Harassment and threats are pervasive on the campaign trail, with those who are underrepresented in government disproportionately reporting severe hostility, stalking, and even physical violence. The mental health toll that harassment and stalking take can be detrimental to a candidate’s campaign, especially for women, women of color, and LGBTQ+ folks. We cannot stop harassment from occurring, but by allowing campaign funds to be used for mental health care costs, we can support candidates’ sense of well-being as we strive to increase the diversity of voices in government.
This bill is sponsored by California Women’s List and supported by the Brennan Center for Justice and various political organizations.
- Background.
Threats to Public Officials. News reports reveal a surge of harassment, attacks, and violent threats targeting civic and public officials and their families across the country. In August 2023, California Women’s List conducted a study analyzing the mental health impacts of hostility faced by candidates. The survey collected 103 responses from people of various gender identities who ran for office in California between 2016 and 2022, with approximately 80% of all respondents experiencing new mental health or wellness-related symptoms stemming from hostility experienced during their campaigns.
Authorized Use of Campaign Funds. The Political Reform Act (PRA) strictly regulates the use of campaign funds and requires expenditures be directly or reasonably related to a political, legislative, or governmental purpose. Aside from health care benefits for campaign employees, existing law explicitly prohibits campaign funds from being used to pay for health-related expenses, such as gym membership dues, special dietary foods, or medical appointments.
This bill creates an exception to the health-related prohibition and authorizes a candidate to use campaign funds to pay for campaign-related mental healthcare expenses if the candidate does not have such healthcare coverage. This bill requires a candidate to disclose mental healthcare expenditures on campaign disclosure reports and designate whether the candidate experienced harassment, prejudice, or a threat or other criminal act. As noted in the Assembly Elections Committee’s analysis of this bill, campaign funds would still be prohibited from covering health expenses to treat any physical injury stemming from the same harassment, prejudice, or threat incident.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: June 12, 2024
ASSEMBLY COMMITTEE ON ELECTIONS
Gail Pellerin, Chair
SBPCA Bill Id:SB 1170
Author:(Menjivar) – As Amended Ver:June 4, 2024
SENATE VOTE: 31-8
SUBJECT: Political Reform Act of 1974: campaign funds.
SUMMARY: Authorizes campaigns funds to be used to pay or reimburse a candidate’s reasonable and necessary mental healthcare expenses to address mental health issues that arise during a campaign, as specified. Specifically, this bill:
- Allows campaign funds to be used to pay or reimburse a candidate for reasonable and necessary mental healthcare expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if both of the following conditions are satisfied:
- The candidate does not have health insurance or their health insurance does not cover the full cost of these mental healthcare expenses.
- The candidate has experienced at least one of the following categories of underlying campaign-related circumstances or events, which have resulted in the need for mental healthcare services: harassment, prejudice, or a threat or other criminal act.
- The candidate does not have health insurance or their health insurance does not cover the full cost of these mental healthcare expenses.
- Permits campaign funds to be used for the purposes described in 1) from the date upon which a candidate committee is established to the date that the Secretary of State certifies the election results or, for a candidate who is elected to office, to the date that the candidate is sworn into office.
- Requires a candidate who uses campaign funds for mental healthcare expenses to report this use on a campaign statement required to be filed pursuant to the Political Reform Act (PRA), and requires that reporting to note the categories of campaign-related circumstances or events that resulted in the candidate’s need for mental healthcare services. Provides that a candidate shall not be required to provide further detail on the campaign statement as to the underlying campaign-related circumstances or events that gave rise to the need for mental healthcare services. Provides that it is not necessary for the candidate to have reported the underlying campaign-related circumstances or events to a law enforcement agency or for the circumstances or events to have given rise to civil or criminal proceedings in order for the candidate to be permitted to use campaign funds for mental healthcare expenses.
- Defines the following terms, for the purposes of this bill:
- “Threat or other criminal act” to refer to any threat or other criminal act prohibited by the Penal Code or other statute.
- “Harassment” to mean persistent or severe, uninvited behavior, attention, comments, or actions, whether in person, in writing, or in online or virtual settings, that upset, belittle, humiliate, or otherwise cause distress, fear, or discomfort.
- “Mental healthcare expenses” to refer to expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the Board of Behavioral Sciences, or an associate accruing the hours for such a license, to address mental health issues.
- “Prejudice” to mean behavior, attention, comments, or actions that target a candidate based on a category protected under federal or state antidiscrimination laws, including age, ancestry, color, disability, gender, gender identity, national origin, race, religion, sex, and sexual orientation.
- “Threat or other criminal act” to refer to any threat or other criminal act prohibited by the Penal Code or other statute.
- Requires a candidate to maintain records of the mental healthcare services that they receive, including information about the mental healthcare service provider and invoices for services paid for, or reimbursed by, campaign funds.
- Specifies that expenditures by a committee to pay for mental healthcare services pursuant to this bill are directly related to a political, legislative, or governmental purpose.
- Makes other technical and conforming changes.
EXISTING LAW:
- Creates the Fair Political Practices Commission (FPPC), and makes it responsible for the impartial, effective administration and implementation of the PRA. (Government Code §§81000 et seq.)
- Makes violations of the PRA subject to administrative, civil, and criminal penalties. (Government Code §§83116, 91000-91005.5)
- Provides that all contributions deposited into a campaign committee account are deemed to be held in trust for expenses associated with the election of the candidate or for expenses associated with holding office. Provides that an expenditure to seek or hold office is within the lawful execution of this trust if it is reasonably related to a political, legislative, or governmental purpose. Requires expenditures of campaign funds to be reasonably related to a political, legislative, or governmental purpose. Requires an expenditure of campaign funds that confers a substantial personal benefit on any individual with authority to approve the expenditure of campaign funds to be directly related to a political, legislative, or governmental purpose. (Government Code §§89510 et seq.)
- Prohibits campaign funds from being used to pay for health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Provides that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. Permits campaign funds to be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee. (Government Code §89513(b)(3))
- Requires a candidate, elected officer, and committee to file specified campaign statements. (Government Code §§84200-84226)
- Requires each candidate, treasurer, principal officer, and elected officer to maintain detailed accounts, records, bills, and receipts necessary to prepare campaign statements, to establish that campaign statements were properly filed, and to otherwise comply with the provisions of existing law. (Government Code §84104)
FISCAL EFFECT: Unknown. State-mandated local program; contains a crimes and infractions disclaimer.
COMMENTS:
- Purpose of the Bill: According to the author:
Harassment and threats are pervasive on the campaign trail, with those who are underrepresented in government disproportionately reporting severe hostility, stalking, and even physical violence. The mental health toll that harassment and stalking take can be detrimental to a candidate’s campaign, especially for women, women of color, and LGBTQ+ folks. We cannot stop harassment from occurring, but by allowing campaign funds to be used for mental health care costs, we can support candidates’ sense of well-being as we strive to increase the diversity of voices in government. Research has found that around 80% of respondents reported experiencing new or worsened mental health or well-being symptoms that they believed were caused, in whole or in part, by hostility experienced on the campaign trail. Such symptoms include increased anxiety, sleep disturbance, panic attacks, and dissociative reactions. SB 1170 will address this by allowing candidates running for political office to use campaign funds for campaign-related mental health care services.
- Authorized Use of Campaign Funds and Previous Legislation: The PRA strictly regulates the use of campaign funds, and contributions deposited into a campaign account are deemed to be held in trust for expenses associated with the election of a candidate or for expenses associated with holding office. PRA provisions restricting the "personal use" of campaign funds are designed to prevent candidates, elected officials, and others who control the expenditures of campaign funds from benefiting privately from their campaign activities. In general, the PRA requires most campaign expenditures to be reasonably related to a political, legislative, or governmental purpose. Expenditures of a candidate's or officer's campaign funds that confer a substantial personal benefit on that candidate or officer, however, must meet a higher standard, and be directly related to a political, legislative, or governmental purpose. A substantial personal benefit means an expenditure of campaign funds which results in a direct personal benefit with a value of more than $200.
Existing law allows campaign funds to be used to pay for health care benefits for a campaign’s employees or independent contractors, however, current law explicitly prohibits campaign funds from being used to pay for other health-related expenses, such as health club dues, special dietary foods, or medical check-ups. This bill changes this longstanding prohibition and authorizes a candidate to use campaign funds to pay for mental healthcare expenses. Specifically, this bill allows a candidate to use campaign funds, during a specified time period, to pay for reasonable and necessary mental healthcare expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities if a candidate does not have health insurance or their health insurance does not cover the full costs of the mental healthcare expenses. Additionally, a candidate must disclose on campaign disclosure reports expenditures made for mental healthcare expenses and note on the statement whether the candidate experienced harassment, prejudice, and/or a threat or other criminal act.
This bill outlines three categories of circumstances or events for which campaign funds may be used to pay for mental healthcare expenses to address mental health issues that have arisen during the campaign or have been adversely impacted by campaign activities. The category definitions, however, are fairly broad and the committee may wish to consider whether such an expansion of the use of campaign funds could lead to abuse. On the other hand, this bill requires a candidate to maintain invoices from the mental healthcare provider to show that campaign funds were being used by a licensed provider, and limits the length of time that a candidate may use campaign funds to pay for mental healthcare expenses.
Moreover, this bill only creates an exception to allow campaign funds to be used to pay for mental healthcare expenses. It maintains the existing prohibition against allowing expenditures of campaign funds to be used for other health-related expenses. In other words, if a candidate was physically attacked in public while campaigning, this bill would not allow campaign funds to be used to treat their physical injuries, however, they could use campaign funds for any resulting trauma or mental health issues that arise from that incident.
- Furthers the Purpose of the PRA and Previous Legislation: SB 1431 (Roberti), Chapter 1452, Statutes of 1989, made various technical and substantive changes to the PRA relating to the personal use of campaign funds by elected officers. Notably, SB 1431 created a stricter standard for the personal use of campaign funds. Originally, the law permitted expenditures of campaign funds, even if it resulted in a substantial personal benefit, as long as there was more than a negligible political, legislative, or governmental purpose. SB 1431 instead required expenditures to either be reasonably related to a political, legislative, or governmental purpose, or to be directly related to a political, legislative, or governmental purposes in situations where those expenditures that create a substantial personal benefit for the candidate or another person with the authority to approve campaign expenditures.
Additionally, SB 1431 explicitly prohibited the use of campaign funds for health-related expenses of a candidate, elected official, or their immediate family. As mentioned above, this bill creates an exception within that longstanding prohibition. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the PRA. This committee should consider whether the use of campaign funds for mental healthcare expenses furthers the purposes of the PRA.
According to the author and sponsors, allowing campaign funds to be used for mental healthcare has a significant political purpose. A large share of candidates have changed their campaign strategies–from voter outreach to communications–because of the mental health impacts of campaign hostility. But for the campaign, candidates would not have experienced the hostilities that are the root cause of their new or worsened mental health symptoms. Because these mental health impacts are campaign-created liabilities, addressing them should be considered campaign-related expenses. - Recent Research: In August 2023, the California Women’s list conducted a study analyzing the mental health impacts of hostility that candidates, particularly women candidates, face pursuing political office in California. The survey collected 103 responses from people of various gender identities who ran for office in California between 2016 and 2022. According to the study, approximately 80 percent of all respondents reported experiencing new mental health or wellness-related symptoms that stemmed from hostility experienced during their campaigns. When women run for office, they face a barrage of hostilities: double standards, demeaning and demoralizing criticism, harassment, sexism and misogyny, threats, stalking, and even violence. The report noted that the most commonly experienced problems were sleep disturbance and fatigue, excessive anxiety and worry, and diminished ability to think or concentrate. These experiences force women to change their campaign tactics for their own safety and, ultimately, the sum of these experiences can take a toll on candidates’ mental health and well-being. To address these issues, the study recommended the Legislature amend the PRA to allow candidates to use campaign funds for mental health services.
Earlier this year, the Brennan Center for Justice released a report entitled, “The Intimidation of State and Local Officeholders, The Threat to Democracy,” which was developed from a series of national surveys completed in October 2023 and three dozen in-depth interviews with former and current state and local officeholders. Taken together, the data sets represent more than 1,700 officials from all 50 states and include a range of ages, party affiliations, ideologies, genders, sexual orientations, racial and ethnic identities, and religions. The report reveals how significantly abuse affects the tenure of these officeholders and shapes their decisions. There were multiple accounts where state legislators and local officeholders experienced threats and instances of stalking, violence, and abuse of a sexual nature. These experiences were further exacerbated for women, People of Color, religious minorities and LGBTQ+ individuals. The report discusses how threats and attacks constrain how freely officeholders interact with constituents, narrow the spectrum of policy positions they feel safe to support, and make them less willing to continue in public service. The report concluded that given the prevalence of abuse facing local and state officeholders, government and other authorities must act quickly to mitigate the problem. To that end, the report made various recommendations including, that states should provide office holders and staffers with mental health services and encourage their use. - Arguments in Support: The sponsor of this bill, California Women’s List, writes in support:
Research has established a direct causal link between campaign hostility and adverse mental health impacts. But for the campaign, candidates would not be experiencing worsened mental health. These mental health impacts in turn affect not just the candidate personally, but how the campaign is run and how offices govern. Further, allowing the mental health impacts of campaign hostility to go unaddressed aggravates attrition of the people most underrepresented in government: women, people of color, and LGBTQ+ individuals. Amending the Political Reform Act is not taken lightly, but new research has shown why SB 1170’s proposed amendment is necessary and in line with the purpose of the Act.
Not only is SB 1170 consistent with the purpose of the Political Reform Act, it already has a model for implementation. In 2019, California passed AB 220 to allow campaign funds to be used for reasonable childcare expenses. We are grateful to be receiving technical assistance from the Fair Political Practices Commission so that we can adapt existing protocols for reporting and reviewing expenditures under SB 1170. The FPPC has been particularly mindful to collaborate in developing protocols that allow the necessary transparency and accountability while minimizing any exposure for candidates.
- Related Legislation: AB 2041 (Bonta) authorizes campaign funds to be used for costs related to security expenses, as defined, to protect a candidate, elected officer, or the immediate family or staff of a candidate or elected officer, as specified. AB 2041 passed out of this committee on a 7-0 vote, passed off the Assembly floor on a 72-0 vote, and is set to be heard in the Senate Elections & Constitutional Amendments Committee on June 11, 2024.
AB 3239 (W. Carrillo) permits campaign funds to be used to pay or reimburse airline travel expenses related to an emotional support animal belonging to and traveling with an individual whose travel is authorized to be paid using campaign funds. AB 3239 passed out of this committee on a 7-0 vote, passed off the Assembly floor on a 56-0 vote, and is pending in the Senate Elections & Constitutional Amendments Committee. - Previous Legislation: AB 220 (Bonta), Chapter 384, Statutes of 2019, permits candidates to use campaign funds for childcare expenses incurred while the candidate is engaging in campaign activities.
- Political Reform Act of 1974: California voters passed an initiative, Proposition 9, in 1974 that created the FPPC and codified significant restrictions and prohibitions on candidates, officeholders, and lobbyists. That initiative is commonly known as the PRA. Amendments to the PRA that are not submitted to the voters, such as those contained in this bill, must further the purposes of the initiative and require a two-thirds vote of both houses of the Legislature
REGISTERED SUPPORT / OPPOSITION:
Support
California Women’s List (Sponsor)
Brennan Center for Justice at NYU Law
Board of Supervisors of the County of Los Angeles
Board of Supervisors of the City and County of San Francisco
Close the Gap California
Fund Her (prior version)
Irvine Mayor Farrah N. Kahn
Latina Democratic Club (prior version)
National Women’s Political Caucus of California
San Fernando Valley Young Democrats
San Francisco Women’s Political Committee
Vote Mama Foundation
Opposition
None on file.
Analysis Prepared by: Nichole Becker / ELECTIONS / (916) 319-2094
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1170 |
THIRD READING
Bill No: SB 1170
Author: Menjivar (D)
Introduced: 2/14/24
Vote: 27
SENATE ELECTIONS & C.A. COMMITTEE: 6-0, 4/30/24
AYES: Blakespear, Allen, Menjivar, Newman, Portantino, Umberg
NO VOTE RECORDED: Nguyen
SUBJECT: Political Reform Act of 1974: campaign funds
SOURCE: California Women’s List
DIGEST:
This bill permits campaigns funds to be for reasonable and necessary mental healthcare expenses to address mental health issues that arise during a campaign, as specified.
ANALYSIS:
Existing law:
- Establishes the Fair Political Practices Commission (FPPC), and makes it responsible for the impartial, effective administration and implementation of the Political Reform Act of 1974 (PRA).
- Requires an expenditure of campaign funds to be related to a political, legislative or governmental purpose, as specified.
- Prohibits campaign funds, among other prohibitions, from being used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Provides that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. Provides that campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
- Provides that the PRA may be amended to further its purposes by statute if the measure is passed in each house by a two-thirds vote and signed by the Governor, as specified. Provides that the PRA may be amended or repealed when approved by voters.
This bill:
- Permits, from the date upon which a candidate committee is established to the date that the election results are certified, campaign funds to be used to pay or reimburse a non-incumbent candidate for reasonable and necessary mental healthcare expenses to address mental health issues that arise during a campaign or have been adversely impacted by campaign activities if the candidate does not have health insurance or has been denied coverage for these mental healthcare expenses by their health insurance.
- Requires campaign funds utilized for mental healthcare expenses to be reported and such disclosures must note the underlying campaign-related circumstances or events that have given rise to the need for mental health expenses. Provides that “mental healthcare expenses” refers to expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the California Board of Behavioral Sciences, or an associate accruing the house for such a license, to address mental health issues.
- Makes technical and corresponding changes.
Background
- Use of Campaign Funds. The PRA strictly regulates the use of campaign funds by candidates, elected officials, and others who control the expenditure of those funds. Existing law generally requires expenditures of campaign funds to be either reasonably related to a political, legislative, or governmental purpose. Any expenditure of campaign funds that confers a substantial personal benefit on anyone with authority to approve the expenditure of campaign funds needs to be directly related to a political, legislative, or governmental purpose of the committee. A substantial personal benefit means an expenditure of campaign funds which results in a direct personal benefit with a value of more than $200.
- Recent Research. In August of 2023, California Women’s List analyzed the mental health impacts of hostility directed at candidates pursuing federal, state, or local offices in California. The study received 103 responses from people of various gender identities who ran for elected office in California between 2016 and 2022.
According to the study, approximately 80 percent of all respondents reported experiencing new mental health or wellness-related symptoms that stemmed from hostility experienced during their campaigns. The report noted that the most commonly experienced problems were sleep disturbance and fatigue, excessive anxiety and worry, and diminished ability to think or concentrate. To address these issues, the study recommended the Legislature amend the PRA to allow candidates to use campaign funds for mental health services.
Comments
- Author’s Statement. According to the author, “Harassment and threats are pervasive on the campaign trail, with those who are underrepresented in government disproportionately reporting severe hostility, stalking, and even physical violence. The mental health toll that harassment and stalking take can be detrimental to a candidate’s campaign, especially for women, women of color, and LGBTQ+ folks. We cannot stop harassment from occurring, but by allowing campaign funds to be used for mental health care costs, we can support candidates’ sense of well-being as we strive to increase the diversity of voices in government. Research has found that around 80% of respondents reported experiencing new or worsened mental health or well-being symptoms that they believed were caused, in whole or in part, by hostility experienced on the campaign trail. Such symptoms include increased anxiety, sleep disturbance, panic attacks, and dissociative reactions. SB 1170 will address this by allowing non-incumbent candidates running for political office to use campaign funds for campaign-related mental health care services.”
- Furthering the Purposes of the PRA. Existing law prohibits the use of campaign funds for health-related expenses. The PRA specifies that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. This bill seeks to allow campaign funds to be used for mental healthcare expenses. Amendments to the PRA through legislation is only permissible if it furthers the purposes of the PRA.
Related/Prior Legislation
AB 220 (Bonta, Chapter 384, Statutes of 2019) permitted candidates to use campaign funds for childcare expenses incurred while the candidate is engaging in campaign activities.
SB 1431 (Roberti, Chapter 1452, Statutes of 1989) prohibited, among other provisions relating to the use of campaign funds, the use of campaign funds for health-related expenses of a candidate, elected official, or their immediate family.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 4/30/24)
California Women’s List (source)
Farrah N. Khan, Mayor of the City of Irvine
Brennan Center for Justice
Board of Supervisors, County of Los Angeles
Board of Supervisors, City and County of San Francisco
Close the Gap California
Fund Her
Latina Democratic Club
National Women’s Political Caucus of California
San Fernando Valley Young Democrats
San Francisco Women’s Political Committee
Vote Mama Foundation
1 Individual
OPPOSITION: (Verified 4/30/24)
Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106
5/1/24 14:36:15
**** END ****
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Catherine Blakespear, Chair
2023 - 2024 Regular
Bill No: 1170 Hearing Date: 4/30/24
Author: | Menjivar | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DIGEST
This bill permits campaigns funds to be for reasonable and necessary mental healthcare expenses to address mental health issues that arise during a campaign, as specified.
ANALYSIS
Existing law:
- Establishes the Fair Political Practices Commission (FPPC), and makes it responsible for the impartial, effective administration and implementation of the Political Reform Act of 1974 (PRA).
- Requires an expenditure of campaign funds to be related to a political, legislative or governmental purpose, as specified.
- Prohibits campaign funds, among other prohibitions, from being used to pay health-related expenses for a candidate, elected officer, or any individual or individuals with authority to approve the expenditure of campaign funds held by a committee, or members of their households. Provides that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. Provides that campaign funds may be used to pay employer costs of health care benefits of a bona fide employee or independent contractor of the committee.
- Provides that the PRA may be amended to further its purposes by statute if the measure is passed in each house by a two-thirds vote and signed by the Governor, as specified. Provides that the PRA may be amended or repealed when approved by voters.
This bill:
- Permits, from the date upon which a candidate committee is established to the date that the election results are certified, campaign funds to be used to pay or reimburse a non-incumbent candidate for reasonable and necessary mental healthcare expenses to address mental health issues that arise during a campaign or have been adversely impacted by campaign activities if the candidate does not have health insurance or has been denied coverage for these mental healthcare expenses by their health insurance.
- Requires campaign funds utilized for mental healthcare expenses to be reported and such disclosures must note the underlying campaign-related circumstances or events that have given rise to the need for mental health expenses. Provides that “mental healthcare expenses” refers to expenses for services including therapy, psychological, or psychiatric counseling services, provided in a group or private setting, either virtually or in person, by a professional licensed by the California Board of Behavioral Sciences, or an associate accruing the house for such a license, to address mental health issues.
- Makes technical and corresponding changes.
BACKGROUND
Political Reform Act of 1974. In 1974, California voters passed Proposition 9, an initiative commonly known as the PRA. Proposition 9 created the FPPC and codified significant restrictions and prohibitions on candidates, officeholders, and lobbyists. The Legislature is permitted to amend the PRA, but the amendments must further the purposes of the PRA and requires a two-thirds vote of both houses of the Legislature.
Use of Campaign Funds. The PRA strictly regulates the use of campaign funds by candidates, elected officials, and others who control the expenditure of those funds. Existing law generally requires expenditures of campaign funds to be either reasonably related to a political, legislative, or governmental purpose. Any expenditure of campaign funds that confers a substantial personal benefit on anyone with authority to approve the expenditure of campaign funds needs to be directly related to a political, legislative, or governmental purpose of the committee. A substantial personal benefit means an expenditure of campaign funds which results in a direct personal benefit with a value of more than $200.
Recent Research. In August of 2023, California Women’s List analyzed the mental health impacts of hostility directed at candidates pursuing federal, state, or local offices in California. The study received 103 responses from people of various gender identities who ran for elected office in California between 2016 and 2022.
According to the study, approximately 80 percent of all respondents reported experiencing new mental health or wellness-related symptoms that stemmed from hostility experienced during their campaigns. The report noted that the most commonly experienced problems were sleep disturbance and fatigue, excessive anxiety and worry, and diminished ability to think or concentrate. To address these issues, the study recommended the Legislature amend the PRA to allow candidates to use campaign funds for mental health services.
COMMENTS
- According to the author: Harassment and threats are pervasive on the campaign trail, with those who are underrepresented in government disproportionately reporting severe hostility, stalking, and even physical violence. The mental health toll that harassment and stalking take can be detrimental to a candidate’s campaign, especially for women, women of color, and LGBTQ+ folks. We cannot stop harassment from occurring, but by allowing campaign funds to be used for mental health care costs, we can support candidates’ sense of well-being as we strive to increase the diversity of voices in government. Research has found that around 80% of respondents reported experiencing new or worsened mental health or well-being symptoms that they believed were caused, in whole or in part, by hostility experienced on the campaign trail. Such symptoms include increased anxiety, sleep disturbance, panic attacks, and dissociative reactions. SB 1170 will address this by allowing non-incumbent candidates running for political office to use campaign funds for campaign-related mental health care services.
- Furthering the Purposes of the PRA. Existing law prohibits the use of campaign funds for health-related expenses. The PRA specifies that “health-related expenses” includes, but is not limited to, examinations by physicians, dentists, psychiatrists, psychologists, or counselors and expenses for medications, treatments, medical equipment, hospitalization, health club dues, and special dietary foods. This bill seeks to allow campaign funds to be used for mental healthcare expenses. Amendments to the PRA done through legislation is only permissible if it furthers the purposes of the PRA. This committee should consider whether the use of campaign funds for mental healthcare expenses furthers the purposes of the PRA.
- Argument in Support. In a letter supporting SB 1170, Fund Her stated, in part, the following:
As candidates embark on their political campaigns, they often encounter significant hostility and stress on the campaign trail. This hostility manifests in various forms, including online abuse, harassment, stalking, and even physical violence. The impact of such hostility on the mental health and well-being of candidates cannot be understated. Research has shown that a staggering 80% of candidates experience new or worsened mental health symptoms as a result of the hostility they face during their campaigns. These symptoms range from anxiety and sleep disturbances to panic attacks and dissociative reactions.
[…]
SB 1170 takes a sensible first step toward addressing this pressing issue. By allowing candidates to use campaign funds for mental healthcare expenses that are not covered by insurance, this bill ensures that all candidates have access to the support they need to cope with the real impacts of campaign hostilities. It also helps to remove barriers that prevent candidates from diverse backgrounds from participating fully in the democratic process and running for elected office to represent their communities.
RELATED/PRIOR LEGISLATION
AB 220 (Bonta), Chapter 384, Statutes of 2019, permitted candidates to use campaign funds for childcare expenses incurred while the candidate is engaging in campaign activities.
SB 1431 (Roberti), Chapter 1452, Statutes of 1989, among other provisions relating to the use of campaign funds, prohibited the use of campaign funds for health-related expenses of a candidate, elected official, or their immediate family.
POSITIONS
Sponsor: California Women’s List
Support: Farrah N. Khan, Mayor of the City of Irvine
Brennan Center for Justice
Board of Supervisors, County of Los Angeles
Board of Supervisors, City and County of San Francisco
Close the Gap California
Fund Her
Latina Democratic Club
National Women’s Political Caucus of California
San Fernando Valley Young Democrats
San Francisco Women’s Political Committee
Vote Mama Foundation
One Individual
Oppose: None received
-- END --
Bill Author
Bill Co-Author(s):
