Bill Text: CA SB952 | 2013-2014 | Regular Session | Chaptered

California Senate Bill 952 (Prior Session Legislation)

Bill Title: Prohibited financial interests: aiding and abetting.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-19 - Chaptered by Secretary of State. Chapter 483, Statutes of 2014. [SB952 Detail]

Download: California-2013-SB952-Chaptered.html

BILL NUMBER: SB 952	CHAPTERED
	BILL TEXT

	CHAPTER  483
	FILED WITH SECRETARY OF STATE  SEPTEMBER 19, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 19, 2014
	PASSED THE SENATE  AUGUST 22, 2014
	PASSED THE ASSEMBLY  AUGUST 14, 2014
	AMENDED IN ASSEMBLY  JUNE 17, 2014

INTRODUCED BY   Senator Torres
   (Principal coauthor: Assembly Member Rodriguez)

                        FEBRUARY 6, 2014

   An act to amend Sections 1090, 1093, and 1097 of the Government
Code, relating to public officers and employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 952, Torres. Prohibited financial interests: aiding and
abetting.
   Existing law prohibits Members of the Legislature and state,
county, district, judicial district, and city officers or employees,
from being financially interested in any contract made by them in
their official capacity, or by any body or board of which they are
members. Existing law also prohibits state, county, district,
judicial district, and city officers or employees, from being
purchasers at any sale or vendors at any purchase made by them in
their official capacity. Existing law also prohibits the Treasurer,
Controller, county and city officers, and their deputies and clerks
from purchasing or selling, or in any manner receiving for their own
or any other person's use or benefit any state, county, or city
warrants, scrip, orders, demands, claims, or other evidences of
indebtedness against the state, a county, or city. A willful
violation of these prohibitions is a crime punishable by fine or
imprisonment in the state prison, and forever disqualifies the
offending public officer or person from holding any office in the
state.
   This bill would prohibit an individual from aiding or abetting a
public officer or person in violating these prohibitions, and expand
these penalties to also apply to the individual who willfully aids or
abets.
   This bill would also make technical, nonsubstantive changes.
   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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1090 of the Government Code is amended to read:

   1090.  (a) Members of the Legislature, state, county, district,
judicial district, and city officers or employees shall not be
financially interested in any contract made by them in their official
capacity, or by any body or board of which they are members. Nor
shall state, county, district, judicial district, and city officers
or employees be purchasers at any sale or vendors at any purchase
made by them in their official capacity.
   (b) An individual shall not aid or abet a Member of the
Legislature or a state, county, district, judicial district, or city
officer or employee in violating subdivision (a).
   (c) As used in this article, "district" means any agency of the
state formed pursuant to general law or special act, for the local
performance of governmental or proprietary functions within limited
boundaries.
  SEC. 2.  Section 1093 of the Government Code is amended to read:
   1093.  (a) The Treasurer and Controller, county and city officers,
and their deputies and clerks shall not purchase or sell, or in any
manner receive for their own or any other person's use or benefit any
state, county or city warrants, scrip, orders, demands, claims, or
other evidences of indebtedness against the state, or any county or
city thereof.
   (b) An individual shall not aid or abet the Treasurer, Controller,
a county or city officer, or their deputy or clerk in violating
subdivision (a).
   (c) This section shall not apply to evidences of indebtedness
issued to or held by an officer, deputy, or clerk for services
rendered by them, nor to evidences of the funded indebtedness of the
state, county, or city.
  SEC. 3.  Section 1097 of the Government Code is amended to read:
   1097.  (a) Every officer or person prohibited by the laws of this
state from making or being interested in contracts, or from becoming
a vendor or purchaser at sales, or from purchasing scrip or other
evidences of indebtedness, including any member of the governing
board of a school district, who willfully violates any of the
provisions of those laws, is punishable by a fine of not more than
one thousand dollars ($1,000), or by imprisonment in the state
prison, and is forever disqualified from holding any office in this
state.
   (b) An individual who willfully aids or abets an officer or person
in violating a prohibition by the laws of this state from making or
being interested in contracts, or from becoming a vendor or purchaser
at sales, or from purchasing scrip, or other evidences of
indebtedness, including any member of the governing board of a school
district, is punishable by a fine of not more than one thousand
dollars ($1,000), or by imprisonment in the state prison, and is
forever disqualified from holding any office in this state.
  SEC. 4.  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.