Bill Text: CA AB1757 | 2013-2014 | Regular Session | Amended
Bill Title: California Film Commission: conflicts of interest: disqualification.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-04-22 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1757 Detail]
Download: California-2013-AB1757-Amended.html
BILL NUMBER: AB 1757 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2014
INTRODUCED BY Assembly Member Waldron
FEBRUARY 14, 2014
An act to amend Section 8751 87200
of the Government Code, relating to state government.
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1757, as amended, Waldron. Arts Council.
California Film Commission: conflicts of interest:
disqualification.
Existing provisions of the Political Reform Act of 1974 prohibit a
public official at any level of state or local government from
making, participating in making, or attempting to use his or her
official position to influence a governmental decision in which he or
she knows or has reason to know that he or she has a financial
interest, as defined. Existing law also requires specified elected
and appointed officers at the state and local levels of government to
disclose specified financial interests by filing periodic statements
of economic interests. Existing law further requires public
officials who hold specified offices and who have a financial
interest in a decision within the meaning of the Political Reform Act
of 1974 to publicly identify the financial interest giving rise to
the conflict of interest or potential conflict of interest, recuse
themselves from discussing and voting on the matter, and leave the
room until after the discussion, vote, and other disposition of the
matter is concluded, except as specified.
This bill would add members of the California Film Commission to
those specified officers who must publicly identify a financial
interest giving rise to a conflict of interest or potential conflict
of interest, and recuse themselves accordingly.
Existing law makes a violation of the Political Reform Act of 1974
subject to administrative, civil, and criminal penalties. This bill
would impose a state-mandated local program by exposing these members
to potential criminal penalties for failing to make the disclosures
and recuse themselves where required by this bill.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law establishes the Arts Council composed of 11 members,
with the Speaker of the Assembly and the Senate Committee on Rules
each appointing one member and the Governor appointing 9 members who
are subject to confirmation by the Senate.
This bill would make technical, nonsubstantive changes to this
law.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87200 of the
Government Code is amended to read:
87200. This article is applicable to elected state officers,
judges and commissioners of courts of the judicial branch of
government, members of the Public Utilities Commission, members of
the State Energy Resources Conservation and Development Commission,
members of the Fair Political Practices Commission, members of the
California Coastal Commission, members of the High-Speed Rail
Authority, members of the California Film Commission,
members of planning commissions, members of the board of supervisors,
district attorneys, county counsels, county treasurers, and chief
administrative officers of counties, mayors, city managers, city
attorneys, city treasurers, chief administrative officers and members
of city councils of cities, and other public officials who manage
public investments, and to candidates for any of these offices at any
election.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 3. The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.
SECTION 1. Section 8751 of the Government Code
is amended to read:
8751. (a) There is in the state government an Arts Council that
shall be composed of 11 members. On or before January 10, 1979, the
Speaker of the Assembly and the Senate Committee on Rules shall each
appoint one member to represent the general public. Prior to
appointing the remaining nine members, the Governor shall request and
consider recommendations from organizations representing the arts
community and when making his or her appointments shall give
consideration to the various arts disciplines and ethnic and
geographic parts of the state. All appointments made to the council
by the Governor shall be subject to confirmation by the Senate.
(b) Five of the 11 members shall hold office for four years, four
shall hold office for three years, and two shall hold office for two
years. Terms of office shall be determined by lot at the first
meeting of the council after January 1, 1979.
(c) Thissection shall not prevent the reappointment or replacement
of any individual presently serving on the existing Arts Council
unless that person has already served for more than four consecutive
years as a member of the California Arts Council or Arts Commission.
(d) In January of each year, the members of the council shall
select a chairperson. Members of the council shall receive one
hundred dollars ($100) per meeting and shall be reimbursed for
necessary traveling and other expenses incurred in the performance of
official duties.
