Bill Text: CA SB1443 | 2013-2014 | Regular Session | Enrolled

California Senate Bill 1443 (Prior Session Legislation)

Bill Title: Political Reform Act of 1974: gift limitations.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Vetoed) 2014-09-30 - In Senate. Consideration of Governor's veto pending. [SB1443 Detail]

Download: California-2013-SB1443-Enrolled.html

BILL NUMBER: SB 1443	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 29, 2014
	PASSED THE ASSEMBLY  AUGUST 18, 2014
	AMENDED IN ASSEMBLY  JULY 1, 2014
	AMENDED IN SENATE  APRIL 10, 2014

INTRODUCED BY   Senators De Le�n, Corbett, Hill, Lara, Monning, Roth,
Steinberg, and Torres

                        FEBRUARY 21, 2014

   An act to amend Sections 86203, 87103, and 89503 of the Government
Code, relating to the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1443, De Le�n. Political Reform Act of 1974: gift limitations.
   The Political Reform Act of 1974 provides for the comprehensive
regulation of the lobbying industry and imposes various restrictions
on public officials for the purpose of avoiding conflicts of
interests. The act prohibits a lobbyist or lobbying firm from making
gifts to any person aggregating more than $10 in a calendar month and
prohibits an elected state officer, elected officer of a local
government agency, or other designated individual from accepting
gifts from any single source in any calendar year with a total value
of more than $250. Existing law requires the Fair Political Practices
Commission to adjust the gift limitation amount on January 1 of each
odd-numbered year to reflect changes in the Consumer Price Index.
   This bill would prohibit a lobbyist or lobbying firm from making a
gift of any amount. The bill would prohibit an elected state
officer, elected officer of a local government agency, or other
designated individual from accepting gifts from a single source in a
calendar year with a total value of more than $200 and would
authorize the Fair Political Practices Commission to increase the
gift limitation amount each odd-numbered year based upon changes in
the Consumer Price Index. The bill would further prohibit a candidate
for elective state office, elected state officer, or legislative
official from receiving a gift of tickets to specified venues and
events or a gift comprised of specified recreational activities.
   The act prohibits a public official at any level of state or local
government from making, participating in making, or in any way
attempting to use the official's position to influence a governmental
decision in which the official knows or has reason to know that he
or she has a financial interest. The act provides that the public
official has a financial interest in a decision if it is reasonably
foreseeable that the decision will have a material financial effect
on the official, the official's immediate family, or other prescribed
persons, including a donor of a gift or gifts aggregating $250 or
more in value within the 12 months preceding the decision. The act
requires the Commission to adjust the gift value amount that creates
a financial interest in the donor to equal the above-described
limitation amount on the value of gifts from a single source in a
calendar year.
   This bill would reduce to $200 the aggregate value of gifts that
create a financial interest for a public official in the gift's
donor. The bill would also require the Commission to adjust this
amount to equal the amount of any adjustment made by the Commission
to the above-described gift limitation on the value of gifts from a
single source in a calendar year.
   Violation of the act is punishable as a misdemeanor. By creating
additional crimes, 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 and compliance with specified
procedural requirements.
   This bill would declare that it furthers the purposes of the act.



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

  SECTION 1.  Section 86203 of the Government Code is amended to
read:
   86203.  A lobbyist or lobbying firm shall not make gifts to any
person, act as an agent or intermediary in the making of a gift, or
arrange for the making of a gift by another person.
  SEC. 2.  Section 87103 of the Government Code is amended to read:
   87103.  A public official has a financial interest in a decision
within the meaning of Section 87100 if it is reasonably foreseeable
that the decision will have a material financial effect,
distinguishable from its effect on the public generally, on the
official, a member of his or her immediate family, or on any of the
following:
   (a) Any business entity in which the public official has a direct
or indirect investment worth two thousand dollars ($2,000) or more.
   (b) Any real property in which the public official has a direct or
indirect interest worth two thousand dollars ($2,000) or more.
   (c) Any source of income, except gifts or loans by a commercial
lending institution made in the regular course of business on terms
available to the public without regard to official status,
aggregating five hundred dollars ($500) or more in value provided or
promised to, received by, the public official within 12 months prior
to the time when the decision is made.
   (d) Any business entity in which the public official is a
director, officer, partner, trustee, employee, or holds any position
of management.
   (e) Any donor of, or any intermediary or agent for a donor of, a
gift or gifts aggregating two hundred dollars ($200) or more in value
provided to, received by, or promised to the public official within
12 months prior to the time when the decision is made. If the
Commission adjusts the gift limitation amount pursuant to subdivision
(f) of Section 89503, the Commission shall adjust the value of gifts
specified in this subdivision to equal the same amount.
   For purposes of this section, indirect investment or interest
means any investment or interest owned by the spouse or dependent
child of a public official, by an agent on behalf of a public
official, or by a business entity or trust in which the official, the
official's agents, spouse, and dependent children own directly,
indirectly, or beneficially a 10-percent interest or greater.
  SEC. 3.  Section 89503 of the Government Code is amended to read:
   89503.  (a) An elected state officer, elected officer of a local
government agency, or other individual specified in Section 87200
shall not accept gifts from a single source in a calendar year with a
total value of more than two hundred dollars ($200).
   (b) (1) A candidate for elective state office, for judicial
office, or for elective office in a local government agency shall not
accept gifts from a single source in a calendar year with a total
value of more than two hundred dollars ($200). A person shall be
deemed a candidate for purposes of this subdivision when the person
has filed a statement of organization as a committee for election to
a state or local office, a declaration of intent, or a declaration of
candidacy, whichever occurs first. A person shall not be deemed a
candidate for purposes of this subdivision after he or she is sworn
into the elective office, or, if the person lost the election, after
the person has terminated his or her campaign statement filing
obligations for that office pursuant to Section 84214 or after
certification of the election results, whichever is earlier.
   (2) Paragraph (1) does not apply to a person who is a candidate,
as described in paragraph (1), for judicial office on or before
December 31, 1996.
   (c) A member of a state board or commission or designated employee
of a state or local government agency shall not accept gifts from a
single source in a calendar year with a total value of more than two
hundred dollars ($200) if the member or employee would be required to
report the receipt of income or gifts from that source on his or her
statement of economic interests.
   (d) This section does not apply to a person in his or her capacity
as judge. This section does not apply to a person in his or her
capacity as a part-time member of the governing board of a public
institution of higher education, unless that position is an elective
office.
   (e) This section does not prohibit or limit any of the following:
   (1) Payments, advances, or reimbursements for travel and related
lodging and subsistence permitted by Section 89506.
   (2) Wedding gifts and gifts exchanged between individuals on
birthdays, holidays, and other similar occasions, provided that the
gifts exchanged are not substantially disproportionate in value.
   (f) On January 1 of each odd-numbered year, beginning on January
1, 2015, the Commission may, at its discretion, increase the gift
limitation amount specified in subdivisions (a), (b), and (c). The
Commission shall not increase the gift limitation amount more than
once in an odd-numbered year or by an amount that exceeds changes
reflected in the Consumer Price Index.
   (g) (1) In addition to the gift limitation amount set forth in
this section, a candidate for elective state office, an elected state
officer, or a legislative official shall not accept a gift of
tickets or the equivalent of tickets to any of the following events
or venues:
   (A) A professional concert or other professional entertainment
event.
   (B) A professional sporting event.
   (C) An amateur sporting event for which the value of the ticket
received exceeds fifty dollars ($50).
   (D) A racetrack event.
   (E) A theme park, amusement park, or other similar venue.
   (F) An amateur theater, concert, or other entertainment event for
which the value of the ticket received exceeds fifty dollars ($50).
   (2) For purposes of this subdivision, "professional" means an
event with performers who are compensated for the event or who engage
in the performance activity as their vocation.
   (h) In addition to the gift limitation amount set forth in this
section, a candidate for elective state office, an elected state
officer, or a legislative official shall not accept a gift of any of
the following:
   (1) Golfing green fees, complimentary golf course access, or the
equivalent.
   (2) Skiing, hunting, or fishing trips or other recreational
outings.
   (3) Spa treatments, spa access fees, or other equivalent
complimentary beauty or cosmetic services.
   (4) Cash, gift cards, or cash equivalents.
   (i) The limitations in this section are in addition to the
limitations on gifts in Section 86203.
  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.
  SEC. 5.  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.