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AB-2155 Public officers: contracts: prohibited interests.(2019-2020)

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Date Published: 02/10/2020 09:00 PM


Assembly Bill
No. 2155

Introduced by Assembly Member Obernolte

February 10, 2020

An act to amend Section 1092 of the Government Code, relating to public officers.


AB 2155, as introduced, Obernolte. Public officers: contracts: prohibited interests.
Existing law prohibits members of the Legislature, and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members, subject to certain exceptions and qualifications. A contract made in violation of these provisions may be avoided at the instance of any party, except the officer who is interested in it.
This bill would define “party,” for these purposes, for a contract formed on and after January 1, 2021, as a California taxpayer.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


 Section 1092 of the Government Code is amended to read:

 (a) (1) Every contract made in violation of any of the provisions of Section 1090 may be avoided at the instance of any party party, subject to paragraph (2), except the officer interested therein. No such contract may be avoided because of the interest of an officer therein unless the contract is made in the official capacity of the officer, or by a board or body of which he or she the officer is a member.
(2) For a contract formed on and after January 1, 2021, for purposes of paragraph (1), “party” means a California taxpayer.
(b) An action under this section shall be commenced within four years after the plaintiff has discovered, or in the exercise of reasonable care should have discovered, a violation described in subdivision (a).