Amended  IN  Senate  September 13, 2023
Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 637

Introduced by Senator Min

February 16, 2023

An act to add Chapter 4.1 (commencing with Section 16570) to Part 2 of Division 4 of Title 2 of the Government Code, relating to state government. relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 637, as amended, Min. Financial institutions doing business with firearms manufacturers: ban on doing business with the state. Elections: candidate qualifications.
Existing law prescribes various eligibility requirements for a person to become a candidate for elective office. Existing law establishes the Secretary of State as the chief elections officer of the state, and specifies various powers and duties of the office relating to this role.
This bill would state the intent of the Legislature to enact legislation authorizing the Secretary of State to disqualify a candidate from the ballot if the candidate is prohibited from holding office under Section 3 of Article 14 of the United States Constitution.

Existing law generally regulates the deposit of state funds in banks. Existing law authorizes the Treasurer to deposit money in banks outside this state if specified conditions are satisfied. Existing law requires all other money in the State Treasury or under the control of the Treasurer belonging to or in the custody of the state to be deposited by the Treasurer to the credit of the state in eligible banks, as defined and specified. Existing law requires the Treasurer to enter into contracts with depositories when, in the judgment of the Treasurer, it will be in the public advantage, as specified. Existing law prohibits state funds to be used to reimburse a state contractor for any costs incurred to assist, promote, or deter union organizing, as defined and specified.

This bill would prohibit a state agency from entering into a contract with, depositing state funds with, or receiving a loan from a financial institution that invests in or makes loans to a company that manufactures firearms or ammunition. The bill would authorize a state agency that is a party to a contract prohibited by that provision to remain a party to that contract until the contract expires.

This bill would require state agencies to comply with these provisions only to the extent that the compliance is consistent with the state agency’s fiduciary responsibilities, as specified. The bill would provide that neither a state agency nor the Treasurer are required to comply with this section if they decide that complying with this section would impair their constitutional responsibilities. The bill would define various terms for these purposes.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature to enact legislation authorizing the Secretary of State to disqualify a candidate from the ballot if the candidate is prohibited from holding office under Section 3 of Article 14 of the United States Constitution.
SECTION 1.Chapter 4.1 (commencing with Section 16570) is added to Part 2 of Division 4 of Title 2 of the Government Code, to read:
4.1.Firearm and Ammunition Manufacturers
16570.

(a)For purposes of this chapter, the following definitions apply:

(1)“Ammunition” has the same meaning as defined in Section 16150 of the Penal Code.

(2)“Financial institution” means a commercial bank, trust company, savings and loan association, credit union, industrial loan company, insurance company, or person engaged in the business of lending money.

(3)“Firearm” has the same meaning as defined in Section 16520 of the Penal Code.

(4)“State agency” includes every state office, officer, department, division, bureau, board, and commission.

(b)A state agency shall not enter into a contract with, deposit state funds with, or receive a loan from a financial institution that invests in or makes loans to a company that manufactures firearms or ammunition.

(c)If a state agency is a party to a contract prohibited by subdivision (b) on January 1, 2024, the state agency may remain a party to that contract until the contract expires.

(d)A state agency shall comply with subdivisions (b) and (c) only to the extent that compliance is consistent with the state agency’s fiduciary responsibilities, including, but not limited to, fiduciary responsibilities described in Section 12333 of the Government Code and other fiduciary duties as provided under state law and the California Constitution.

(e)Neither a state agency nor the Treasurer is required to comply with this section if they decide that complying with this section would impair their constitutional responsibilities.