BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1399|
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THIRD READING
Bill No: AB 1399
Author: Anderson (R)
Amended: 3/17/10 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-1, 6/16/10
AYES: Aanestad, DeSaulnier, Price
NOES: Kehoe
NO VOTE RECORDED: Cox
ASSEMBLY FLOOR : 66-0, 1/25/10 - See last page for vote
SUBJECT : Local officials
SOURCE : Author
DIGEST : This bill prohibits a city or county official,
whether elected or appointed, from making available to an
immediate family member a publicly-funded vehicle owned or
operated by, or a credit card issued by, the local agency
that the local official represents.
ANALYSIS : The California Constitution prohibits
government from making any gift of public money or thing of
value to any individual. State law prohibits any elected
state or local officers, employees, or consultants from
using or permitting others to use public resources for a
campaign activity, or personal or other purposes which are
not authorized by law.
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AB 1399
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If a local agency reimburses members of its legislative
body for expenses, it must adopt a written policy on the
duties for which members may receive compensation. If a
local agency provides any type of compensation to a member
of its legislative body, all members of the legislative
body and its designated employees must receive two hours of
ethics training every two years. (AB 1234 [Salinas],
Chapter 700, Statutes of 2005).
This bill prohibits, except in the case of a medical
emergency, a city or county official, whether elected or
appointed, from making available to an immediate family
member:
A publicly-funded vehicle owned or operated by the local
agency that the local officials represents, or
A credit card issued by the local agency that the local
official represents.
This bill defines "immediate family member" as a spouse,
child, in-law, parent, or sibling of the local official.
This bill's provisions do not apply to a local official if
the legislative body of the local agency that the local
official represents has adopted an ordinance, resolution,
or other measure that prohibits the same conduct that the
bill prohibits.
Comments
When a public official allows an immediate family member to
use a public vehicle and credit card, regardless of whether
the resources are only used to conduct public business, it
raises concerns about nepotism and the use of public
resources for personal benefit. A Riverside County
Supervisor's sister reportedly earned hundreds of thousands
of dollars from his campaign for political consulting and
professional services while also enjoying free use of a
county car and taxpayer-funded gasoline by working as an
unpaid volunteer in the supervisor's office. Although
allowing a county volunteer to use a public car and
gasoline to conduct county business does not violate state
law, some critics believe this arrangement violated higher
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ethical standards that elected officials ought to meet. AB
1399 holds elected county officials to a higher standard by
prohibiting their family members from using public vehicles
and credit cards for any purpose other than a medical
emergency.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/21/10)
California Conference of Machinists
California Conference of the Amalgamated Transit Union
California Taxpayer Protection Committee
California Teamsters Public Affairs Council
Chairman Martin Orenyak, Borrego Springs Fire District
Councilmember Mary England, City of Lemon Grove
Daniel Neirinckx, Jamul Dulzura Community Planning Group
Deer Springs Fire Protection District Board of Directors
Director James Maletic, Padre Dam Municipal Water District
Director James Stieringer, Grossmont Healthcare District
Engineers and Scientists of California, IFPTE, Local 20
General Manager Richard Williamson, Borrego Water District
Helix Water District Board of Directors
International Longshore and Warehouse Union
La Mesa Taxpayers Association
Mayor Larry Spicer, City of Indian Wells
Mayor Mark Lewis, City of El Cajon
Mayor Pro Tem Bill Wells, City of El Cajon
President Blair Ball, Beaumont Cherry Valley Water District
President Frank Hilliker, Lakeside Water District
President Rob Shield, Grossmont Union High School District
President Rodger Dohm, Ramona Unified School District
Professional and Technical Engineers, IFPTE, Local 21
Ramona Municipal Water District Board of Directors
San Gorgonio Pass Water Agency Board of Directors
Superintendent Brett Sanders, Lakeside Water District
Superintendent Stephen B. Halfaker, Lakeside Union School
District
Tierrasanta Community Council
Trustee Rick Winet, La Mesa-Spring Valley School District
UNITE HERE!
United Food & Commercial Workers Western States Council
Yucaipa-Calimesa Joint Unified School District
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ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Blakeslee, Block, Blumenfield, Bradford,
Brownley, Buchanan, Chesbro, Conway, Cook, Coto, De La
Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hayashi, Hernandez, Hill,
Huber, Huffman, Jones, Knight, Lieu, Logue, Mendoza,
Miller, Monning, Nava, Niello, Nielsen, John A. Perez, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Tom Berryhill, Caballero, Charles
Calderon, Carter, Davis, Furutani, Hall, Harkey,
Jeffries, Bonnie Lowenthal, Ma, Nestande
AGB:mw 6/21/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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