Bill Text: CA SB18 | 2011-2012 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: gifts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB18 Detail]
Download: California-2011-SB18-Amended.html
BILL NUMBER: SB 18 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Blakeslee
DECEMBER 6, 2010
An act to amend Section 86203 of, and to add Section 89504
to, the Government Code, relating to the Political Reform Act
of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 18, as amended, Blakeslee. Political Reform Act of 1974: gifts.
The Political Reform Act of 1974 regulates the receipt of gifts by
public officials, including Members of the Legislature, and also
regulates the activities of members of the lobbying industry,
including lobbyist employers. Existing law prohibits certain
public officials from receiving gifts in excess of a specified dollar
amount from a single source on an annual basis.
This bill would state the intent of the Legislature to enact
legislation that would further limit the ability of special interest
groups, including lobbyist employers, to give gifts to Members of the
Legislature.
This bill would prohibit a lobbyist, lobbying firm, or lobbying
employer from making to an elected state official, and an elected
state official from receiving from a lobbyist, lobbying firm, or
lobbying employer, specified gifts, regardless of the value of the
gift.
Existing law makes a willful violation of the Political Reform Act
of 1974 a misdemeanor. Because this bill would create a new crime or
expand the definition of a crime, it 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.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
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) It shall be unlawful for a
lobbyist, or lobbying firm, to make gifts to one person aggregating
more than ten dollars ($10) in a calendar month, or to act as an
agent or intermediary in the making of any gift, or to arrange for
the making of any gift by any other person.
(b) It shall be unlawful for a lobbyist, lobbying firm, or
lobbyist employer to give to a person holding elective state office
or to a member of that officeholder's immediate family, from the date
the officeholder is elected until he or she vacates the office, any
of the following gifts:
(1) Theme park tickets.
(2) Sporting event tickets.
(3) Theater and concert tickets.
(4) Racetrack tickets.
(5) Spa treatments, and other services of a personal nature.
(6) Golf, skiing, or fishing trips, and other recreational outings
or vacations.
(7) Gift cards.
SEC. 2. Section 89504 is added to the
Government Code , to read:
89504. (a) No person holding elective state office, from the date
of his or her election to the date he or she vacates office, shall
accept as a gift from a lobbyist, lobbying firm, or lobbyist
employer, any of the following:
(1) Theme park tickets.
(2) Sporting event tickets.
(3) Theater and concert tickets.
(4) Racetrack tickets.
(5) Spa treatments, or other services of a personal nature.
(6) Golf, skiing, or fishing trips, and other recreational outings
or vacations.
(7) Gift cards.
(b) For purposes of this section, "gift" has the same meaning as
defined in Section 86201.
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.
SEC. 4. 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.
SECTION 1. (a) The Legislature finds and
declares that the public has expressed its disapproval of the
practice whereby special interest groups provide gifts, including
tickets to sporting events, rounds of golf, spa treatments, and other
recreational activities, for the purpose of gaining access to, and
influence with, Members of the Legislature.
(b) Therefore, it is the intent of the Legislature to enact
legislation that will limit the ability of special interest groups,
including lobbyist employers, to give gifts to Members of the
Legislature.
