BILL NUMBER: SB 952	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Torres

                        FEBRUARY 6, 2014

   An act to amend Sections 1090, 1093, and 1097 of the Government
Code, relating to public officers and employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 952, as introduced, Torres. Prohibited financial interests:
aiding and abetting.
   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 also prohibits state, county, district,
judicial district, and city officers or employees from being
purchasers at any sale or vendors at any purchase made by them in
their official capacity. Existing law also prohibits the Treasurer,
Controller, county and city officers, and their deputies and clerks
from purchasing or selling, or in any manner receiving for their own
or any other person's use or benefit any state, county, or city
warrants, scrip, orders, demands, claims, or other evidences of
indebtedness against the state, a county, or city. A willful
violation of these prohibitions is a crime punishable by fine or
imprisonment in the state prison, and forever disqualifies the
offending public officer or person from holding any office in the
state.
   This bill would prohibit an individual from aiding or abetting a
public officer or person in violating these prohibitions, and expand
these penalties to also apply to the individual who willfully aids or
abets.
   This bill would also make technical, nonsubstantive changes.
   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.   (a)    Members of the Legislature,
state, county, district, judicial district, and city officers or
employees 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 be purchasers at any sale or
vendors at any purchase made by them in their official capacity.

   (b) An individual shall not aid or abet a Member of the
Legislature or a state, county, district, judicial district, or city
officer or employee in violating subdivision (a).  
   As 
    (c)     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 1093 of the Government Code is amended to read:
   1093.  (a)    The  State 
Treasurer and Controller, county and city officers, and their
deputies and clerks shall not purchase or sell, or in any manner
receive for their own or any other person's use or benefit any
 State,   state,  county or city warrants,
scrip, orders, demands, claims, or other evidences of indebtedness
against the  State,   state,  or any county
or city thereof.  This section does not apply to evidences
of indebtedness issued to or held by such an officer, deputy or clerk
for services rendered by them, nor to evidences of the funded
indebtedness of the State, county, or city. 
   (b) An individual shall not aid or abet the Treasurer, Controller,
a county or city officer, or their deputy or clerk in violating
subdivision (a).  
   (c)  This section shall not apply to evidences of indebtedness
issued to or held by an officer, deputy, or clerk for services
rendered by them, nor to evidences of the funded indebtedness of the
state, county, or city. 
  SEC. 3.  Section 1097 of the Government Code is amended to read:
   1097.   (a)    Every officer or person
prohibited by the laws of this state from making or being interested
in contracts, or from becoming a vendor or purchaser at sales, or
from purchasing script, or other evidences of indebtedness, including
any member of the governing board of a school district, who
willfully violates any of the provisions of  such 
 those laws, is punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in the state prison,
and is forever disqualified from holding any office in this state.

   (b) An individual who willfully aids or abets an officer or person
in violating a prohibition by the laws of this state from making or
being interested in contracts, or from becoming a vendor or purchaser
at sales, or from purchasing scrip, or other evidences of
indebtedness, including any member of the governing board of a school
district, is punishable by a fine of not more than one thousand
dollars ($1,000), or by imprisonment in the state prison, and is
forever disqualified from holding any office in this state. 
  SEC. 4.  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.