Bill Text: CA SB1476 | 2023-2024 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: State Bar of California.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-04-24 - From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0.) (April 23). Re-referred to Com. on APPR. [SB1476 Detail]
Download: California-2023-SB1476-Amended.html
|
Amended
IN
Senate
April 15, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1476
| Introduced by Senator Blakespear (Coauthor: Senator Umberg) |
February 16, 2024 |
An act to amend Sections 83116, 87300, and 91000 of the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1476, as amended, Blakespear.
Political Reform Act of 1974: State Bar of California.
Under existing law, unless expressly provided by law, the State Bar of California is not subject to various state laws prescribing the mode of procedure for exercising the powers of state public bodies or state agencies, as specified.
This bill would expressly require the State Bar of California to maintain conflict of interest codes in compliance with the Political Reform Act of 1974, and it would subject members of the board of trustees of, and designated employees of, the State Bar of California to enforcement of violations of the Political Reform Act of 1974 related to conflicts of interest.
A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 83116 of the Government Code is amended to read:83116.
(a) When the commission determines there is probable cause for believing this title has been violated, it may hold a hearing to determine if a violation has occurred. Notice shall be given and the hearing conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, Government Code). The commission shall have all the powers granted by that chapter. When the commission determines on the basis of the hearing that a violation has occurred, it shall issue an order that may require the violator to do all or any of the following:(1) Cease and desist violation of this title.
(2) File any reports, statements, or other documents or information required by this title.
(3) Pay a monetary penalty of up to five thousand dollars ($5,000) per violation to the General Fund of the state. When the Commission commission determines that no violation has occurred, it shall publish a declaration so stating.
(b) Notwithstanding subdivision (e) of Section 6001 of the Business and Professions Code, this section authorizes the commission to enforce provisions of this title related to conflicts of interest that are applicable to members
of the board of trustees and designated employees of the State Bar of California.
SEC. 2.
Section 87300 of the Government Code is amended to read:87300.
(a) Every agency shall adopt and promulgate a Conflict of Interest Code pursuant to the provisions of this article. A Conflict of Interest Code shall have the force of law and any violation of a Conflict of Interest Code by a designated employee shall be deemed a violation of this chapter.(b) (1) Notwithstanding subdivision (e) of Section 6001 of the Business and Professions Code, the State Bar of California shall maintain conflict of interest codes for its board of trustees and designated employees that meet the requirements for conflict of interest codes set forth in this chapter, unless otherwise provided by law.
(2) A violation of these codes by a member of the board of trustees or a designated employee of the State Bar shall be deemed a violation of this chapter.
SEC. 3.
Section 91000 of the Government Code is amended to read:91000.
(a) Any person who knowingly or willfully violates any provision of this title is guilty of a misdemeanor.(b) In addition to other penalties provided by law, a fine of up to the greater of ten thousand dollars ($10,000) or three times the amount the person failed to report properly or unlawfully contributed, expended, gave or received may be imposed upon conviction for each violation.
(c) Prosecution for violation of this title must be commenced within four years after the date on which the violation occurred.
(d) Notwithstanding subdivision (e) of section 6001 of the Business and Professions Code, this chapter applies to violations of the conflicts of interest provisions that are applicable to members of the board of trustees and designated employees of the State Bar of California.
