BILL NUMBER: AB 1714 CHAPTERED 07/12/02 CHAPTER 154 FILED WITH SECRETARY OF STATE JULY 12, 2002 APPROVED BY GOVERNOR JULY 11, 2002 PASSED THE ASSEMBLY JULY 3, 2002 PASSED THE SENATE JUNE 28, 2002 AMENDED IN SENATE FEBRUARY 25, 2002 AMENDED IN SENATE JULY 21, 2001 AMENDED IN ASSEMBLY JUNE 5, 2001 AMENDED IN ASSEMBLY MAY 9, 2001 INTRODUCED BY Assembly Member Canciamilla MARCH 7, 2001 An act to amend Section 8314 of the Government Code, and to amend Section 424 of the Penal Code, relating to public resources. LEGISLATIVE COUNSEL'S DIGEST AB 1714, Canciamilla. Public resources: prohibited uses. Existing law makes it unlawful for any elected state officer, appointee, employee, or consultant to use or permit others to use state resources for a campaign activity, or personal or other purposes that are not authorized by law. Existing law also provides that the incidental and minimal use of state resources is not unlawful. This bill instead would prohibit the use of public resources for the activities specified above and would also apply this prohibition to any elected local officer and any local appointee, employee, or consultant. The bill would also provide that the incidental and minimal use of public resources is not subject to criminal prosecution. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8314 of the Government Code is amended to read: 8314. (a) It shall be unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law. (b) For purposes of this section: (1) "Personal purpose" means those activities the purpose of which is for personal enjoyment, private gain or advantage, or an outside endeavor not related to state business. "Personal purpose" does not include the incidental and minimal use of public resources, such as equipment or office space, for personal purposes, including an occasional telephone call. (2) "Campaign activity" means an activity constituting a contribution as defined in Section 82015 or an expenditure as defined in Section 82025. "Campaign activity" does not include the incidental and minimal use of public resources, such as equipment or office space, for campaign purposes, including the referral of unsolicited political mail, telephone calls, and visitors to private political entities. (3) "Public resources" means any property or asset owned by the state or any local agency, including, but not limited to, land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and state compensated time. (4) "Use" means a use of public resources which is substantial enough to result in a gain or advantage to the user or a loss to the state or any local agency for which a monetary value may be estimated. (c) (1) Any person who intentionally or negligently violates this section shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources. The penalty shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney or any city attorney of a city having a population in excess of 750,000. If two or more persons are responsible for any violation, they shall be jointly and severally liable for the penalty. (2) If the action is brought by the Attorney General, the moneys recovered shall be paid into the General Fund. If the action is brought by a district attorney, the moneys recovered shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney, the moneys recovered shall be paid to the treasurer of that city. (3) No civil action alleging a violation of this section shall be commenced more than four years after the date the alleged violation occurred. (d) Nothing in this section shall prohibit the use of public resources for providing information to the public about the possible effects of any bond issue or other ballot measure on state activities, operations, or policies, provided that (1) the informational activities are otherwise authorized by the constitution or laws of this state, and (2) the information provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure. (e) The incidental and minimal use of public resources by an elected state or local officer, including any state or local appointee, employee, or consultant, pursuant to this section shall not be subject to prosecution under Section 424 of the Penal Code. SEC. 2. Section 424 of the Penal Code is amended to read: 424. (a) Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys, who either: 1. Without authority of law, appropriates the same, or any portion thereof, to his own use, or to the use of another; or, 2. Loans the same or any portion thereof; makes any profit out of, or uses the same for any purpose not authorized by law; or, 3. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; or, 4. Fraudulently alters, falsifies, conceals, destroys, or obliterates any such account; or, 5. Willfully refuses or omits to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order, or warrant drawn upon such moneys by competent authority; or, 6. Willfully omits to transfer the same, when such transfer is required by law; or, 7. Willfully omits or refuses to pay over to any officer or person authorized by law to receive the same, any money received by him under any duty imposed by law so to pay over the same;-- Is punishable by imprisonment in the state prison for two, three or four years, and is disqualified from holding any office in this state. (b) As used in this section, "public moneys" includes the proceeds derived from the sale of bonds or other evidence or indebtedness authorized by the legislative body of any city, county, district, or public agency. (c) This section does not apply to the incidental and minimal use of public resources authorized by Section 8314 of the Government Code.