Bill Text: CA AB1059 | 2013-2014 | Regular Session | Amended

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Bill Title: Public officers and employees: financial interests.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1059 Detail]

Download: California-2013-AB1059-Amended.html

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BILL NUMBER: AB 1059	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 22, 2013

   An act to amend Section 1090 of, and to add Section 1091.8 to 
,  the Government Code, relating to public officers and
employees.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1059, as amended, Wieckowski. Public officers and employees:
financial interests.
   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 further prohibits these public officers and
employees from being purchasers at any sale, or vendors at any
purchase, made by them in their official capacity. A violation of
these provisions is a crime.
   This bill would extend the application of those prohibitions to
independent contractors who perform a public function, and 
specifically  provide when an independent contractor, or an
owner, officer, employee, or agent of the independent contractor, has
a financial interest in a contract. By expanding the scope of a
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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

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

   1090.  Members of the Legislature, state, county, district,
judicial district, and city officers or employees, and independent
contractors who perform a public function  ,  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, and independent contractors who perform a public
function  ,  be purchasers at any sale or vendors at any
purchase made by them in their official capacity.
   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 1091.8 is added to the Government Code, to read:
   1091.8.  An independent contractor, or an owner, officer,
employee, or agent of the independent contractor, who contracts with
a government agency, body, or board, to  provide services,
including program management services,   staff,
administer, or manage the government agency, body, or board  has
a financial interest in a subsequent contract of the government
agency, body, or board, if the independent contractor, or the owner,
officer, employee, or agent of the independent contract, participates
in the making of the subsequent contract and the independent
contractor's contract to provide services bases the independent
contractor's compensation, directly or indirectly, on whether the
subsequent contract is executed.
  SEC. 3.  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.