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SB-1443 Political Reform Act of 1974: gift limitations.(2013-2014)



SECTION 1.

 Section 86203 of the Government Code is amended to read:

86203.
 It shall be unlawful for a lobbyist, or lobbying firm, to  A lobbyist or lobbying firm shall not  make gifts to one person aggregating more than ten dollars ($10) in a calendar month, or to  any person,  act as an agent or intermediary in the making of any a  gift, or to  arrange for the making of any a  gift by any other  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 fifty  dollars ($250) ($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. The amount of the  If the Commission adjusts the gift limitation amount pursuant to subdivision (f) of Section 89503, the Commission shall adjust the  value of gifts specified by this subdivision shall be adjusted biennially by the commission  in this subdivision  to equal the same amount determined by the commission pursuant to subdivision (f) of Section 89503. 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) No An  elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall not  accept gifts from any a  single source in any a  calendar year with a total value of more than two hundred fifty  dollars ($250). ($200). 
(b) (1) No A  candidate for elective state office, for judicial office, or for elective office in a local government agency shall not  accept gifts from any a  single source in any a  calendar year with a total value of more than two hundred fifty  dollars ($250). ($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) shall does  not apply to any a  person who is a candidate candidate,  as described in paragraph (1) (1),  for judicial office on or before December 31, 1996.
(c) No A  member of a state board or commission or designated employee of a state or local government agency shall not  accept gifts from any a  single source in any a  calendar year with a total value of more than two hundred fifty  dollars ($250) ($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 shall does  not apply to a person in his or her capacity as judge. This section shall does  not apply to a person in his or her capacity as a part-time member of the governing board of any a  public institution of higher education education,  unless that position is an elective office.
(e) This section shall 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) Beginning on January 1, 1993, the commission shall adjust the gift limitation in this section on January  On January  1 of each odd-numbered year to reflect changes  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, rounded to the nearest ten dollars ($10). 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.
(g) (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.