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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          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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