Today's Law As Amended


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AB-1384 Insurance Commissioner: restriction on travel payments or reimbursements.(2001-2002)



As Amends the Law Today


SECTION 1.

 Section 12903.2 is added to the Insurance Code, to read:

12903.2.
 (a) The commissioner shall not accept a payment, reimbursement, or in-kind donation for travel expenses from any source described in subdivision (b), except if in compliance with all of the following:
(1) The travel is for the purpose of making a speech or appearance.
(2) The payment, reimbursement, or in-kind donation is only for expenses incurred on any of the following: the day before, the day of, and the day after the day the speech or appearance was made.
(3) If the commissioner is making more than one speech or appearance during the same period of travel, the payment, reimbursement, or in-kind donation shall in no event cover expenses for more than five consecutive days.
(b) This section applies to all of the following:
(1) A single source that is subject to regulation by the commissioner.
(2) A private attorney or law firm that is under contract or that is bidding on or that is under consideration for a contract to represent either the department or the commissioner in an official capacity.
(3) A private attorney or law firm that seeks to be awarded or that has been awarded attorney fees under subdivision (b) of Section 1861.10.
(4) A private attorney or law firm that has a client subject to regulation by the commissioner.
(5) Any representative of a person or entity described in paragraphs (1) to (4), inclusive.
(c) This section does not exempt the commissioner from any provision of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code) or any other provision of law that regulates or relates to the receipt of gifts or income by public officials.
(d) This section does not apply to payments, reimbursements, or in-kind donations for travel and related expenses that would constitute a campaign contribution or expenditure as defined in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code) and related regulations.
(e) (1) The Attorney General or any other resident of this state may bring a civil action for a violation of this section. The court may assess a civil penalty against the commissioner in the amount of three times the amount of the unlawful payment, reimbursement, or in-kind donation received by the commissioner.
(2) An action under this subdivision shall be filed within five years of the date on which the violation is alleged to have occurred. If the commissioner engages in fraudulent concealment, the five-year period shall be tolled for the period of the fraudulent concealment. For the purposes of this paragraph, “fraudulent concealment” means that the commissioner has knowingly concealed facts related to his or her travel expenditures or reimbursements.