BILL NUMBER: SB 50	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2012
	AMENDED IN ASSEMBLY  JUNE 20, 2011

INTRODUCED BY   Senators Correa and Blakeslee

                        DECEMBER 15, 2010

    An act to amend Section 86203 of, and to add Section
89504 to, the Government Code, relating to the Political Reform Act
of 1974.  An act to amend Sections 23152 and 23153 of
the Vehicle Code, relating to vehicles. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 50, as amended, Correa.  Lobbyist employers: gifts.
  Vehicles: driving under the influence: controlled
substances.  
   (1) Existing law makes it a crime for a person who is under the
influence of alcohol or any drug, or under the combined influence of
alcohol and any drug, to drive a vehicle. Existing law also makes it
a crime for a person to drive a vehicle with 0.08% or more, by
weight, of alcohol in his or her blood.  
   This bill would, in addition, make it a crime for a person to have
a controlled substance in his or her blood while driving a vehicle.
 
   (2) Existing law makes it a crime for a person who drives a
vehicle under the influence of alcohol or any drug, or under the
combined influence of alcohol and any drug, to do any act forbidden
by law or neglect any duty imposed by law while driving a vehicle
when that act or neglected duty is the proximate cause of bodily
injury to any person other than the driver. Existing law also makes
it a crime for a person who drives a vehicle with 0.08% or more, by
weight, of alcohol in his or her blood to do any act forbidden by law
or neglect any duty imposed by law while driving a vehicle when that
act or neglected duty is the proximate cause of bodily injury to any
person other than the driver.  
   This bill would, in addition, make it a crime for a person to have
a controlled substance in his or her blood while driving a vehicle
and to do any act forbidden by law or neglect any duty imposed by law
while driving when that act or neglected duty is the proximate cause
of bodily injury to any person other than the driver.  
   (3) Under existing law, there is a rebuttable evidentiary
presumption that a person was under the influence of alcohol at the
time he or she drove a vehicle if he or she had 0.08% or more, by
weight, of alcohol in his or her blood at the time of a chemical test
if the chemical test was done within 3 hours of when the person
drove the vehicle.  
   This bill would create a rebuttable evidentiary presumption that a
person had a controlled substance in his or her blood at the time he
or she drove a vehicle if the person had a controlled substance in
his or her blood at the time of the performance of a chemical test if
the test is done within 3 hours after the person drove the vehicle.
 
   (4) Because this bill would create new crimes, it would impose a
state-mandated local program.  
   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 regulates the receipt of gifts by
public officials and also regulates the activities of members of the
lobbying industry, including lobbyist employers. Under existing law,
public officials are prohibited from accepting gifts from any single
source in any calendar year with a total value of more than $250, as
adjusted biennially by the Fair Political Practices Commission.
Existing law also prohibits a lobbyist or lobbying firm from giving
gifts to a public official aggregating more than $10 in a calendar
month or from acting as an agent or intermediary in the making of any
gift or arranging for the making of any gift by any other person.
 
   This bill would prohibit a lobbyist, lobbying firm, or lobbyist
employer from giving to an elected state officer or a member of that
officer's immediate family, and would prohibit an elected state
officer from accepting from a lobbyist, lobbying firm, or lobbyist
employer, certain gifts, including tickets to specified venues and
events, spa treatments, recreational trips, and gift cards. However,
under the bill, these prohibitions would not apply to a fundraising
event for a bona fide charitable organization.  
   Existing law makes a violation of the Political Reform Act of 1974
subject to administrative, civil, and criminal penalties. This bill
would impose a state-mandated local program by creating additional
crimes.  
   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
upon a 2/3 vote of each house and compliance with specified
procedural requirements.  
   This bill would declare that it furthers the purposes of the act.

   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.


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

   SECTION 1.    Section 23152 of the   Vehicle
Code   , as amended by   Section 31 of Chapter 455
of the Statutes of 1995, is amended to read: 
   23152.  (a) It is unlawful for  any   a 
person who is under the influence of any alcoholic beverage or drug,
or under the combined influence of any alcoholic beverage and drug,
to drive a vehicle.
   (b)  (1)    It is unlawful for  any
  a  person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle. 
   For 
    (2)     For  purposes of this article
and Section 34501.16, percent, by weight, of alcohol in a person's
blood is based upon grams of alcohol per 100 milliliters of blood or
grams of alcohol per 210 liters of breath. 
   In 
    (3)     In  any prosecution under this
subdivision, it is a rebuttable presumption that the person had 0.08
percent or more, by weight, of alcohol in his or her blood at the
time of driving the vehicle if the person had 0.08 percent or more,
by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after the driving.
   (c) It is unlawful for  any   a  person
who is addicted to the use of any drug to drive a vehicle. This
subdivision shall not apply to a person who is participating in a
narcotic treatment program approved pursuant to Article 3 (commencing
with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the
Health and Safety Code.
   (d)  (1)    It is unlawful for any person who
has 0.04 percent or more, by weight, of alcohol in his or her blood
to drive a commercial motor vehicle, as defined in Section 15210.

   In 
    (2)     In  any prosecution under this
subdivision, it is a rebuttable presumption that the person had 0.04
percent or more, by weight, of alcohol in his or her blood at the
time of driving the vehicle if the person had 0.04 percent or more,
by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after the driving.

   (e) (1) It is unlawful for a person who has a controlled substance
in his or her blood to drive a vehicle.  
   (2) In any prosecution under this subdivision, it is a rebuttable
presumption that the person had a controlled substance in his or her
blood at the time of driving the vehicle if the person had any
measurable amount of a controlled substance in his or her blood at
the time of the performance of a chemical test within three hours
after the driving.  
   (3)  For purposes of this subdivision, a controlled substance is
any of the following:  
   (A) A controlled substance as specified in subdivision (b) or (c),
paragraph (14), (15), (21), (22), or (23) of subdivision (d),
subdivision (e), or paragraph (1) of subdivision (f) of Section 11054
of the Health and Safety Code, or subdivision (b) or (c), paragraph
(1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of
Section 11055 of the Health and Safety Code.  
   (B) A narcotic drug classified in Schedule III of Section 11056,
Schedule IV of Section 11057, or Schedule V of Section 11058 of the
Health and Safety Code, except when administered by or under the
direction of a person licensed by the state to dispense, prescribe,
or administer controlled substances. The defendant shall bear the
burden of showing that the exception applies.  
   (e) 
    (f)  This section shall become operative on January 1,
1992, and shall remain operative until the director determines that
federal regulations adopted pursuant to the Commercial Motor Vehicle
Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section
383.51 or 391.15 of Title 49 of the Code of Federal Regulations do
not require the state to prohibit operation of commercial vehicles
when the operator has a concentration of alcohol in his or her blood
of 0.04 percent by weight or more. 
   (f) 
    (g)  The director shall submit a notice of the
determination under subdivision  (e)   (f) 
to the Secretary of State, and this section shall be repealed upon
the receipt of that notice by the Secretary of State.
   SEC. 2.    Section 23152 of the   Vehicle
Code   , as amended by   Section 32 of Chapter 455
of the Statutes of 1995, is amended to read: 
   23152.  (a) It is unlawful for  any   a 
person who is under the influence of any alcoholic beverage or drug,
or under the combined influence of any alcoholic beverage and drug,
to drive a vehicle.
   (b)  (1)    It is unlawful for  any
  a  person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle. 
   For 
    (2)     For  purposes of this article
and Section 34501.16, percent, by weight, of alcohol in a person's
blood is based upon grams of alcohol per 100 milliliters of blood or
grams of alcohol per 210 liters of breath. 
   In 
    (3)     In  any prosecution under this
subdivision, it is a rebuttable presumption that the person had 0.08
percent or more, by weight, of alcohol in his or her blood at the
time of driving the vehicle if the person had 0.08 percent or more,
by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after the driving.
   (c) It is unlawful for any   a  person
who is addicted to the use of any drug to drive a vehicle. This
subdivision shall not apply to a person who is participating in a
narcotic treatment program approved pursuant to Article 3 (commencing
with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the
Health and Safety Code. 
   (d) (1) It is unlawful for a person to who has a controlled
substance in his or her blood to drive a vehicle.  
   (2) In any prosecution under this subdivision, it is a rebuttable
presumption that the person had a controlled substance in his or her
blood at the time of driving the vehicle if the person had any
measurable amount of a controlled substance in his or her blood at
the time of the performance of a chemical test within three hours
after the driving.  
   (3)  For purposes of this subdivision, a controlled substance is
any of the following:  
   (A) A controlled substance as specified in subdivision (b) or (c),
paragraph (14), (15), (21), (22), or (23) of subdivision (d),
subdivision (e), or paragraph (1) of subdivision (f) of Section 11054
of the Health and Safety Code, or subdivision (b) or (c), paragraph
(1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of
Section 11055 of the Health and Safety Code.  
   (B) A narcotic drug classified in Schedule III of Section 11056,
Schedule IV of Section 11057, or Schedule V of Section 11058 of the
Health and Safety Code, except when administered by or under the
direction of a person licensed by the state to dispense, prescribe,
or administer controlled substances. The defendant shall bear the
burden of showing that the exception applies.  
   (d) 
    (e)  This section shall become operative only upon the
receipt by the Secretary of State of the notice specified in
subdivision (f) of Section 23152, as added by Section 25 of Chapter
1114 of the Statutes of 1989.
   SEC. 3.    Section 23153 of the   Vehicle
Code  , as amended by Section   18 of  
Chapter 974 of the Statutes of 1992, is amended to read: 
   23153.  (a) It is unlawful for  any   a 
person, while under the influence of any alcoholic beverage or drug,
or under the combined influence of any alcoholic beverage and drug,
to drive a vehicle and concurrently do any act forbidden by law, or
neglect any duty imposed by law in driving the vehicle, which act or
neglect proximately causes bodily injury to  any 
 a  person other than the driver.
   (b)  (1)    It is unlawful for  any
 a  person, while having 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle and
concurrently do any act forbidden by law, or neglect any duty imposed
by law in driving the vehicle, which act or neglect proximately
causes bodily injury to  any   a  person
other than the driver. 
   In 
    (2)     In  any prosecution under this
subdivision, it is a rebuttable presumption that the person had 0.08
percent or more, by weight, of alcohol in his or her blood at the
time of driving the vehicle if the person had 0.08 percent or more,
by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after driving.
   (c) In proving the person neglected any duty imposed by law in
driving the vehicle, it is not necessary to prove that any specific
section of this code was violated.
   (d)  (1)   It is unlawful for  any
  a  person, while having 0.04 percent or more, by
weight, of alcohol in his or her blood to drive a commercial motor
vehicle, as defined in Section 15210, and concurrently to do any act
forbidden by law or neglect any duty imposed by law in driving the
vehicle, which act or neglect proximately causes bodily injury to
 any   a  person other than the driver.

   In 
    (2)     In  any prosecution under this
subdivision, it is a rebuttable presumption that the person had 0.04
percent or more, by weight, of alcohol in his or her blood at the
time of driving the vehicle if the person had 0.04 percent or more,
by weight, of alcohol in his or her blood at the time of performance
of a chemical test within three hours after driving. 
   (e) (1) It is unlawful for a person who has a controlled substance
in his or her blood to drive a vehicle and concurrently do any act
forbidden by law, or neglect any duty imposed by law in driving the
vehicle, which act or neglect proximately causes bodily injury to a
person other than the driver.  
   (2) In any prosecution under this subdivision, it is a rebuttable
presumption that the person had a controlled substance in his or her
blood at the time of driving the vehicle if the person had any
measurable amount of a controlled substance in his or her blood at
the time of the performance of a chemical test within three hours
after the driving.  
   (3)  For purposes of this subdivision, a controlled substance is
any of the following:  
   (A) A controlled substance as specified in subdivision (b) or (c),
paragraph (14), (15), (21), (22), or (23) of subdivision (d),
subdivision (e), or paragraph (1) of subdivision (f) of Section 11054
of the Health and Safety Code, or subdivision (b) or (c), paragraph
(1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of
Section 11055 of the Health and Safety Code.  
   (B) A narcotic drug classified in Schedule III of Section 11056,
Schedule IV of Section 11057, or Schedule V of Section 11058 of the
Health and Safety Code, except when administered by or under the
direction of a person licensed by the state to dispense, prescribe,
or administer controlled substances. The defendant shall bear the
burden of showing that the exception applies.  
   (e) 
    (f)  This section shall become operative on January 1,
1992, and shall remain operative until the director determines that
federal regulations adopted pursuant to the Commercial Motor Vehicle
Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51
or 391.15 of Title 49 of the Code of Federal Regulations do not
require the state to prohibit operation of commercial vehicles when
the operator has a concentration of alcohol in his or her blood of
0.04 percent by weight or more. 
   (f) 
    (g)  The director shall submit a notice of the
determination under subdivision  (e)   (f) 
to the Secretary of State, and this section shall be repealed upon
the receipt of that notice by the Secretary of State.
   SEC. 4.    Section 23153 of the   Vehicle
Code   , as amended by Section 19 of   Chapter 974
of the Statutes of 1992, is   amended to read: 
   23153.  (a) It is unlawful for  any   a 
person, while under the influence of any alcoholic beverage or drug,
or under the combined influence of any alcoholic beverage and drug,
to drive a vehicle and concurrently do any act forbidden by law or
neglect any duty imposed by law in driving the vehicle, which act or
neglect proximately causes bodily injury to  any 
 a  person other than the driver.
   (b)  (1)    It is unlawful for  any
  a  person, while having 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle and
concurrently do any act forbidden by law or neglect any duty imposed
by law in driving the vehicle, which act or neglect proximately
causes bodily injury to  any   a  person
other than the driver. 
   In 
    (2)     In  any prosecution under this
subdivision, it is a rebuttable presumption that the person had 0.08
percent or more, by weight, of alcohol in his or her blood at the
time of driving the vehicle if the person had 0.08 percent or more,
by weight, of alcohol in his or her blood at the time of the
performance of a chemical test within three hours after driving. 

   (c) (1) It is unlawful for a person to have a controlled substance
in his or her blood to drive a vehicle and concurrently do any act
forbidden by law, or neglect any duty imposed by law in driving the
vehicle, which act or neglect proximately causes bodily injury to a
person other than the driver.  
   (2) In any prosecution under this subdivision, it is a rebuttable
presumption that the person had a controlled substance in his or her
blood at the time of driving the vehicle if the person had any
measurable amount of a controlled substance in his or her blood at
the time of the performance of a chemical test within three hours
after the driving.  
   (3)  For purposes of this subdivision, a controlled substance is
any of the following:  
   (A) A controlled substance as specified in subdivision (b) or (c),
paragraph (14), (15), (21), (22), or (23) of subdivision (d),
subdivision (e), or  paragraph (1) of subdivision (f) of Section
11054 of the Health and Safety Code, or subdivision (b) or (c),
paragraph (1) or (2) of subdivision (d), or paragraph (3) of
subdivision (e) of Section 11055 of the Health and Safety Code. 

   (B) A narcotic drug classified in Schedule III of Section 11056,
Schedule IV of Section 11057, or Schedule V of Section 11058 of the
Health and Safety Code, except when administered by or under the
direction of a person licensed by the state to dispense, prescribe,
or administer controlled substances. The defendant shall bear the
burden of showing that the exception applies.  
   (c) 
    (d)  In proving the person neglected any duty imposed by
law in driving the vehicle, it is not necessary to prove that any
specific section of this code was violated. 
   (d) 
    (e)  This section shall become operative only upon the
receipt by the Secretary of State of the notice specified in
subdivision (f) of Section 23153  , as added by Section 30 of
Chapter 1114 of the Statutes of 1989  .
   SEC. 5.    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.  
  SECTION 1.    Section 86203 of the Government Code
is amended to read:
   86203.  (a) It is unlawful for a lobbyist or lobbying firm to make
gifts to one person aggregating more than ten dollars ($10) in a
calendar month, or to act as an agent or intermediary in the making
of any gift, or to arrange for the making of any gift by any other
person.
   (b) (1) It is unlawful for a lobbyist, lobbying firm, or lobbyist
employer to give to an elected state officer or to a member of that
officer's immediate family, from the date the officer is elected to
the date he or she vacates office, any of the following gifts:
   (A) A theme park or amusement park ticket.
   (B) A professional sporting event ticket.
   (C) A collegiate or other amateur sporting event ticket with a
face value exceeding twenty-five dollars ($25).
   (D) A theater, concert, or other entertainment ticket with a face
value exceeding twenty-five dollars ($25).
   (E) A racetrack ticket.
   (F) A spa treatment, or other beauty or cosmetic service.
   (G) A golf, skiing, hunting, or fishing trip, or other
recreational outing or vacation.
   (H) A gift card.
   (2) The prohibitions in this subdivision do not apply to a
fundraising event for a bona fide charitable organization.
   (3) Beginning on January 1, 2015, the Commission shall adjust the
gift limitations in subparagraphs (C) and (D) of paragraph (1) on
January 1 of each odd-numbered year to reflect changes in the
Consumer Price Index, rounded to the nearest dollar. 

  SEC. 2.    Section 89504 is added to the
Government Code, to read:
   89504.  (a) An elected state officer, from the date the officer is
elected to the date he or she vacates office, shall not accept as a
gift from a lobbyist, lobbying firm, or lobbyist employer any of the
following:
   (1) A theme park or amusement park ticket.
   (2) A professional sporting event ticket.
   (3) A collegiate or other amateur sporting event ticket with a
face value exceeding twenty-five dollars ($25).
   (4) A theater, concert, or other entertainment ticket with a face
value exceeding twenty-five dollars ($25).
   (5) A racetrack ticket.
   (6) A spa treatment, or other beauty or cosmetic service.
   (7) A golf, skiing, hunting, or fishing trip, or other
recreational outing or vacation.
   (8) A gift card.
   (b) The prohibitions in this section do not apply to a fundraising
event for a bona fide charitable organization.
   (c) Beginning on January 1, 2015, the Commission shall adjust the
gift limitations in paragraphs (3) and (4) of subdivision (a) on
January 1 of each odd-numbered year to reflect changes in the
Consumer Price Index, rounded to the nearest dollar.
   (d) For purposes of this section, "gift" has the same meaning as
set forth in Section 86201.  
  SEC. 3.    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. 4.    The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.