BILL NUMBER: AB 1059	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 22, 2013

   An act to amend Section 1090 of, and to add Section 1091.8 to the
Government Code, relating to public officers and employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1059, as introduced, Wieckowski. Public officers and employees:
financial interests.
   Existing law prohibits Members of the Legislature, and state,
county, district, judicial district, and city officers or employees
from being financially interested in any contract made by them in
their official capacity, or by any body or board of which they are
members. Existing law further prohibits these public officers and
employees from being purchasers at any sale, or vendors at any
purchase, made by them in their official capacity. A violation of
these provisions is a crime.
   This bill would extend the application of those prohibitions to
independent contractors who perform a public function, and provide
when an independent contractor, or an owner, officer, employee, or
agent of the independent contractor, has a financial interest in a
contract. By expanding the scope of a crime, the bill 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.
   Vote: 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 1090 of the Government Code is amended to read:

   1090.  Members of the Legislature, state, county, district,
judicial district, and city officers or employees  , and
independent contractors who perform a public function  shall not
be financially interested in any contract made by them in their
official capacity, or by any body or board of which they are members.
Nor shall state, county, district, judicial district, and city
officers or employees  , and independent contractors who perform
a public function  be purchasers at any sale or vendors at any
purchase made by them in their official capacity.
   As used in this article, "district" means any agency of the state
formed pursuant to general law or special act, for the local
performance of governmental or proprietary functions within limited
boundaries.
  SEC. 2.  Section 1091.8 is added to the Government Code, to read:
   1091.8.  An independent contractor, or an owner, officer,
employee, or agent of the independent contractor, who contracts with
a government agency, body, or board, to provide services, including
program management services, has a financial interest in a subsequent
contract of the government agency, body, or board, if the
independent contractor, or the owner, officer, employee, or agent of
the independent contract, participates in the making of the
subsequent contract and the independent contractor's contract to
provide services bases the independent contractor's compensation,
directly or indirectly, on whether the subsequent contract is
executed.
  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.