Bill Text: CA AB2503 | 2011-2012 | Regular Session | Introduced


Bill Title: Political Reform Act of 1974.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-27 - Read first time. [AB2503 Detail]

Download: California-2011-AB2503-Introduced.html
BILL NUMBER: AB 2503	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Norby

                        FEBRUARY 24, 2012

   An act to amend Sections 82030 and 87100 of the Government Code,
relating to the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2503, as introduced, Norby. Political Reform Act of 1974.
   Existing law, the Political Reform Act of 1974, prohibits a public
official at any level of state or local government from making,
participating in making, or in any way attempting to use his or her
official position to influence a governmental decision in which he or
she knows or has reason to know he or she has a financial interest.
Existing law states that a public official has a financial interest
in a decision if it is reasonably foreseeable that the decision will
have a material financial effect on, among other things, any source
of income, as defined, of the official aggregating $500 or more
received by the official within 12 months prior to the time the
decision is made.
   This bill would make nonsubstantive changes to those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 82030 of the Government Code is amended to
read:
   82030.  (a) "Income" means, except as provided in subdivision (b),
a payment received, including  ,  but not limited to  ,
 any salary, wage, advance, dividend, interest, rent, proceeds
from any sale, gift, including any gift of food or beverage, loan,
forgiveness or payment of indebtedness received by the filer,
reimbursement for expenses, per diem, or contribution to an insurance
or pension program paid by any person other than an employer, and
including any community property interest in the income of a spouse.
Income also includes an outstanding loan. Income of an individual
also includes a pro rata share of any income of any business entity
or trust in which the individual or spouse owns, directly, indirectly
 ,  or beneficially, a 10-percent interest or greater.
"Income," other than a gift, does not include income received from
any source outside the jurisdiction and not doing business within the
jurisdiction, not planning to do business within the jurisdiction,
or not having done business within the jurisdiction during the two
years prior to the time any statement or other action is required
under this title.
   (b) "Income" also does not include:
   (1) Campaign contributions required to be reported under Chapter 4
(commencing with Section 84100).
   (2) Salary and reimbursement for expenses or per diem, and social
security, disability, or other similar benefit payments received from
a state, local, or federal government agency and reimbursement for
travel expenses and per diem received from a bona fide nonprofit
entity exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code.
   (3) Any devise or inheritance.
   (4) Interest, dividends, or premiums on a time or demand deposit
in a financial institution, shares in a credit union or any insurance
policy, payments received under any insurance policy, or any bond or
other debt instrument issued by any government or government agency.

   (5) Dividends, interest, or any other return on a security
 which   that  is registered with the
Securities and Exchange Commission of the United States government or
a commodity future registered with the Commodity Futures Trading
Commission of the United States government, except proceeds from the
sale of these securities and commodities futures.
   (6) Redemption of a mutual fund.
   (7) Alimony or child support payments.
   (8) Any loan or loans from a commercial lending institution
 which   that  are made in the lender's
regular course of business on terms available to members of the
public without regard to official status.
   (9) Any loan from or payments received on a loan made to an
individual's spouse, child, parent, grandparent, grandchild, brother,
sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece,
uncle, aunt, or first cousin, or the spouse of any such person,
provided that a loan or loan payment received from any such person
shall be considered income if he or she is acting as an agent or
intermediary for any person not covered by this paragraph.
   (10) Any indebtedness created as part of a retail installment or
credit card transaction if made in the lender's regular course of
business on terms available to members of the public without regard
to official status.
   (11) Payments received under a defined benefit pension plan
qualified under  Internal Revenue Code  Section 401
(a)  of the Internal Revenue Code  .
   (12) Proceeds from the sale of securities registered with the
Securities and Exchange Commission of the United States government or
from the sale of commodities futures registered with the Commodity
Futures Trading Commission of the United States government if the
filer sells the securities or the commodities futures on a stock or
commodities exchange and does not know or have reason to know the
identity of the purchaser.
  SEC. 2.  Section 87100 of the Government Code is amended to read:
   87100.  No public official at any level of state or local
government shall make, participate in making  ,  or in any
way attempt to use his  or her  official position to
influence a governmental decision in which he  or she  knows
or has reason to know he  or she  has a financial interest.
          
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