BILL ANALYSIS
AB 1399
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1399 (Anderson)
As Amended June 29, 2010
Majority vote
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|ASSEMBLY: |66-0 |(January 25, |SENATE: |29-0 |(July 1, 2010) |
| | |2010) | | | |
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Original Committee Reference: L. GOV.
SUMMARY : 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.
The Senate amendments are technical in nature.
EXISTING LAW :
1)The California Constitution prohibits local governments from
making any gift of public money or thing of value to any
person.
2)Requires a local agency that provides reimbursement for
expenses to members of its legislative body to adopt a written
policy on the duties for which legislative body members may
receive compensation other than meetings of the legislative
body or an advisory body or attendance at a conference or
organized educational activity.
3)Requires a local agency to adopt a written policy concerning
what occurrences qualify a member to receive reimbursement for
expenses for travel, meals, lodging.
4)Requires a member of a legislative body who has been
reimbursed for actual and necessary expenses by his or her
local agency to file expense reports. These expense reports
are public records.
5)Imposes penalties for misuse of public resources or falsifying
expense reports in violation of expense reporting policies.
AB 1399
Page 2
AS PASSED BY THE ASSEMBLY , this bill:
1)Prohibited a city or county official, 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 official represents.
2)Defined immediate family member to mean a child, in-law,
parent, sibling, or spouse of the local official.
3)Did 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
already prohibits this type of conduct.
FISCAL EFFECT : None
COMMENTS : The California Constitution already prohibits local
governments, which includes elected county officials, from
making any gift of public money or thing of value to any person.
The author states the reason for this bill is the public expects
elected officials to hold themselves to the highest ethical
standards and maintain transparency and accountability in
government. According to the author, honest officials are
tarnished by those who use their office to enrich themselves or
their family members. The author points directly to the case of
a Riverside County supervisor whose sister was paid $330,000 in
campaign money over the span of three years for political
consulting and professional services while she was volunteering
full-time for the county. On top of the campaign money, the
supervisor's sister also received free use of a county car with
taxpayer-funded gasoline included.
Even though the author states the use of the car by the
supervisor's sister was a gift of public funds, this situation
is not one in which public funds were improperly used because
the sister was volunteering for the county. If the sister had
not been providing Riverside County with any sort of services,
then the use of the county-issued car would have been prohibited
under the California Constitution as a gift of public funds.
As written, this bill takes the constitutional prohibition on
gifting public funds a step further. This bill would prohibit a
city or county official, elected or appointed, from making
available to a child, in-law, parent, sibling, or spouse a
AB 1399
Page 3
publicly funded vehicle owned or operated by, or a credit card
issued by, the local agency that the official represents. Many
cities and counties already have policies prohibiting this type
of conduct, and this bill would ensure all cities and counties
are ethically on the same page. Thus, this bill would not apply
to an official where the legislative body of his or her local
agency has adopted an ordinance, resolution, or other measure
that already prohibits this type of conduct.
Analysis Prepared by : Jennifer R. Klein / L. GOV. / (916)
319-3958
FN: 0005102