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AB-1524 Political Reform Act of 1974: conflicts of interest.(2021-2022)

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Date Published: 03/26/2021 04:00 AM
AB1524:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1524


Introduced by Assembly Member O’Donnell

February 19, 2021


An act to add Section 87106 to the Government Code, relating to the Political Reform Act of 1974.


LEGISLATIVE COUNSEL'S DIGEST


AB 1524, as amended, O’Donnell. Political Reform Act of 1974: conflicts of interests. interest.
The Political Reform Act of 1974 provides for the comprehensive regulation of conflicts of interests interest of public officials.

This bill would state the intent of the Legislature to enact legislation to clarify what constitutes a conflict of interest for public officials.

This bill would prohibit an elected official from taking employment with or otherwise receiving compensation from any entity for the purpose of influencing the outcome of an election of a member of the elected body of which that elected official is a member. The bill would exempt the use of an elected official’s campaign funds authorized under specified provisions of the act.
The act makes a knowing or willful violation of its provisions a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, this bill 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 of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 87106 is added to the Government Code, to read:

87106.
 (a) An elected official shall not take employment with or otherwise receive compensation from any entity for the purposes of influencing the outcome of an election of a member of the elected body of which that elected official is a member.
(b) This section does not apply to an elected official’s authorized use of campaign funds under Article 4 (commencing with Section 89510) of Chapter 9.5 of this title.

SEC. 2.

 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. 3.

 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.

It is the intent of the Legislature to enact legislation to clarify what constitutes a conflict of interest for public officials.