BILL NUMBER: AB 1797	CHAPTERED  08/26/02

	CHAPTER  233
	FILED WITH SECRETARY OF STATE  AUGUST 26, 2002
	APPROVED BY GOVERNOR  AUGUST 24, 2002
	PASSED THE SENATE  AUGUST 12, 2002
	PASSED THE ASSEMBLY  MAY 28, 2002
	AMENDED IN ASSEMBLY  MAY 13, 2002
	AMENDED IN ASSEMBLY  APRIL 23, 2002
	AMENDED IN ASSEMBLY  APRIL 15, 2002
	AMENDED IN ASSEMBLY  MARCH 13, 2002

INTRODUCED BY   Assembly Member Harman

                        JANUARY 15, 2002

   An act to add Section 87105 to the Government Code, relating to
the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1797, Harman.  Conflicts of interest:  disqualification.
   Existing provisions of the Political Reform Act of 1974 prohibit a
public official at any level of state or local government from
making, participating in making, or attempting to use his or her
official position to influence a governmental decision in which he or
she knows or has reason to know that he or she has a financial
interest, as defined.  Existing law also requires specified elected
and appointed officers at the state and local level of government to
disclose specified financial interests by filing periodic statements
of economic interests.
   This bill would require a public official who holds a specified
office and who has a financial interest in a decision within the
meaning of the Political Reform Act of 1974 to publicly identify the
financial interest giving rise to the conflict of interest or
potential conflict of interest, recuse himself or herself from
discussing and voting on the matter, and leave the room until after
the discussion, vote, and other disposition of the matter is
concluded, except as specified.
   This bill would impose a state-mandated local program by imposing
these penalties on persons who violate the provisions of this bill.
  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
with a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill, which would declare that it furthers the purposes of
the Political Reform Act of 1974, would therefore require a 2/3 vote.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 87105 is added to the Government Code, to read:

   87105.  (a) A public official who holds an office specified in
Section 87200 who has a financial interest in a decision within the
meaning of Section 87100 shall, upon identifying a conflict of
interest or a potential conflict of interest and immediately prior to
the consideration of the matter, do all of the following:
   (1) Publicly identify the financial interest that gives rise to
the conflict of interest or potential conflict of interest in detail
sufficient to be understood by the public, except that disclosure of
the exact street address of a residence is not required.
   (2) Recuse himself or herself from discussing and voting on the
matter, or otherwise acting in violation of Section 87100.
   (3) Leave the room until after the discussion, vote, and any other
disposition of the matter is concluded, unless the matter has been
placed on the portion of the agenda reserved for uncontested matters.

   (4) Notwithstanding paragraph (3), a public official described in
subdivision (a) may speak on the issue during the time that the
general public speaks on the issue.
   (b) This section does not apply to Members of the Legislature.
  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 the provisions of
this act further the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.