Bill Text: CA SB50 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: driving under the influence: controlled

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-06-26 - Set, first hearing. Failed passage in committee. [SB50 Detail]

Download: California-2011-SB50-Introduced.html

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BILL NUMBER: SB 50	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        DECEMBER 15, 2010

   An act to amend Section 87200 of the Government Code, relating to
the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 50, as introduced, Correa. Conflicts of interest:
disqualification.
   Existing provisions of the Political Reform Act of 1974 prohibit a
public official at any level of state or local government from
making, participating in making, or attempting to use his or her
official position to influence a governmental decision in which he or
she knows or has reason to know that he or she has a financial
interest, as defined. Existing law also requires specified elected
and appointed officers at the state and local level of government to
disclose specified financial interests by filing periodic statements
of economic interests. Existing law further requires public officials
who hold specified offices and who have a financial interest in a
decision within the meaning of the Political Reform Act of 1974 to
publicly identify the financial interest giving rise to the conflict
of interest or potential conflict of interest, recuse themselves from
discussing and voting on the matter, and leave the room until after
the discussion, vote, and other disposition of the matter is
concluded, except as specified.
   This bill would add members of the High-Speed Rail Authority to
those specified offices who must publicly identify a financial
interest giving rise to a conflict of interest or potential conflict
of interest, and recuse themselves accordingly.
   Existing law makes a violation of the Political Reform Act of 1974
subject to administrative, civil, and criminal penalties. This bill
would impose a state-mandated local program by exposing these members
to potential criminal penalties for failing to make the disclosures
and recuse themselves where required by this bill.
   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.

   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 87200 of the Government Code is amended to
read:
   87200.  This article is applicable to elected state officers,
judges and commissioners of courts of the judicial branch of
government, members of the Public Utilities Commission, members of
the State Energy Resources Conservation and Development Commission,
members of the Fair Political Practices Commission, members of the
California Coastal Commission,  members of the High-Speed Rail
Authority,  members of planning commissions, members of the
board of supervisors, district attorneys, county counsels, county
treasurers, and chief administrative officers of counties, mayors,
city managers, city attorneys, city treasurers, chief administrative
officers and members of city councils of cities, and other public
officials who manage public investments, and to candidates for any of
these offices at any election.
  SEC. 2.  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. 3.  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.