Amended in Assembly June 17, 2014

Senate BillNo. 952


Introduced by Senator Torres

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(Principal coauthor: Assembly Member Rodriguez)

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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 amended, Torres. Prohibited financial interests: aiding and abetting.

Existing law prohibits Members of thebegin delete Legislature,end deletebegin insert Legislatureend insert and state, county, district, judicial district, and city officers orbegin delete employeesend deletebegin insert employees,end insert 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 orbegin delete employeesend deletebegin insert employees,end insert 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:

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SECTION 1.  

Section 1090 of the Government Code is amended
2to read:

3

1090.  

(a) Members of the Legislature, state, county, district,
4judicial district, and city officers or employees shall not be
5financially interested in any contract made by them in their official
6capacity, or by any body or board of which they are members. Nor
7shall state, county, district, judicial district, and city officers or
8employees be purchasers at any sale or vendors at any purchase
9made by them in their official capacity.

10(b) An individual shall not aid or abet a Member of the
11Legislature or a state, county, district, judicial district, or city
12officer or employee in violating subdivision (a).

13(c) As used in this article, “district” means any agency of the
14state formed pursuant to general law or special act, for the local
15performance of governmental or proprietary functions within
16limited boundaries.

17

SEC. 2.  

Section 1093 of the Government Code is amended to
18read:

19

1093.  

(a) The Treasurer and Controller, county and city
20officers, and their deputies and clerks shall not purchase or sell,
21or in any manner receive for their own or any other person’s use
22or benefit any state, county or city warrants, scrip, orders, demands,
23claims, or other evidences of indebtedness against the state, or any
24county or city thereof.

25(b) An individual shall not aid or abet the Treasurer, Controller,
26a county or city officer, or their deputy or clerk in violating
27subdivision (a).

28(c)  This section shall not apply to evidences of indebtedness
29issued to or held by an officer, deputy, or clerk for services
P3    1rendered by them, nor to evidences of the funded indebtedness of
2the state, county, or city.

3

SEC. 3.  

Section 1097 of the Government Code is amended to
4read:

5

1097.  

(a) Every officer or person prohibited by the laws of
6this state from making or being interested in contracts, or from
7becoming a vendor or purchaser at sales, or from purchasingbegin delete script,end delete
8begin insert scripend insert or other evidences of indebtedness, including any member
9of the governing board of a school district, who willfully violates
10any of the provisions of those laws, is punishable by a fine of not
11more than one thousand dollars ($1,000), or by imprisonment in
12the state prison, and is forever disqualified from holding any office
13in this state.

14(b) An individual who willfully aids or abets an officer or person
15in violating a prohibition by the laws of this state from making or
16being interested in contracts, or from becoming a vendor or
17purchaser at sales, or from purchasing scrip, or other evidences of
18indebtedness, including any member of the governing board of a
19school district, is punishable by a fine of not more than one
20thousand dollars ($1,000), or by imprisonment in the state prison,
21and is forever disqualified from holding any office in this state.

22

SEC. 4.  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.



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