Today's Law As Amended


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SB-439 Political Reform Act of 1974: PERS: STRS: gift limits.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 22365 is added to the Education Code, to read:

22365.
 (a) A vendor or contractor that makes gifts that are determined to be in violation of the gift limit in paragraph (2) of subdivision (c) of Section 89503 of the Government Code to a member of the board or to an employee of the State Teachers’ Retirement System on two separate occasions in a five-year period shall be disqualified from bidding on, and being awarded, any contract for a period of two years from the date of the second assessment of an administrative penalty pursuant to Section 83116 of the Government Code.
(b) For purposes of subdivision (a), violations of paragraph (2) of subdivision (c) of Section 89503 of the Government Code shall be deemed separate if they occur more than 60 days apart.

SEC. 2.

 Section 20154 is added to the Government Code, to read:

20154.
 (a) A vendor or contractor that makes gifts that are determined to be in violation of the gift limit in paragraph (2) of subdivision (c) of Section 89503 to a member of the board or to an employee of the Public Employees’ Retirement System on two separate occasions in a five-year period shall be disqualified from bidding on, and being awarded, any contract for a period of two years from the date of the second assessment of an administrative penalty pursuant to Section 83116.
(b) For purposes of subdivision (a), violations of paragraph (2) of subdivision (c) of Section 89503 shall be deemed separate if they occur more than 60 days apart.

SEC. 3.

 Section 89503 of the Government Code is amended to read:

89503.
 (a) An No  elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall not  accept gifts from any single source in any a  calendar year with a total value of more than two hundred fifty dollars ($250).
(b) (1) A No  candidate for elective state office, for judicial office, or for elective office in a local government agency shall not  accept gifts from any single source in any a  calendar year with a total value of more than two hundred fifty dollars ($250). 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 the person  he or she  is sworn into the elective office, or, if the person lost the election, after the person has terminated the person’s  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 shall  not apply to any person who is a candidate as described in paragraph (1) for judicial office on or before December 31, 1996.
(c) A (1)  No  member of a state board or commission or designated employee of a state or local government agency shall not  accept gifts from any single source in any a  calendar year with a total value of more than two hundred fifty dollars ($250) if the member or employee would be required to report the receipt of income or gifts from that source on the member’s  his or her  statement of economic interests.
(2) Notwithstanding paragraph (1) and subdivision (f), no member of the board of, and no designated employee of, the Public Employees’ Retirement System or State Teachers’ Retirement System shall accept gifts in any calendar year with a total value of more than fifty dollars ($50) from any single person who has secured a contract with, or submitted a contract proposal to, the Public Employees’ Retirement System or State Teachers’ Retirement System within the previous five years. A member of the board of, or a designated employee of, the Public Employees’ Retirement System or State Teachers’ Retirement System shall not be deemed to have accepted a gift within the meaning of this paragraph if the gift, or the equivalent dollar value of the gift, is returned to the donor of the gift within 30 days after its receipt.
(d) This section does shall  not apply to a person in the person’s  his or her  capacity as judge. This section does shall  not apply to a person in the person’s  his or her  capacity as a part-time member of the governing board of any public institution of higher education unless that position is an elective office.
(e) This section does shall  not prohibit or limit 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 1 of each odd-numbered year to reflect changes in the Consumer Price Index, rounded to the nearest ten dollars ($10).
(g) 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.