BILL NUMBER: SB 157	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Haynes

                        JANUARY 31, 2001

   An act to add Section 84308.5 to the Government Code, relating to
the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 157, as introduced, Haynes.  Campaign contributions:
arbitration.
   (1) Existing law, the Political Reform Act of 1974, prohibits a
public official from making, participating in making, or in any way
attempting to use his or her official position to influence a
governmental decision in which he or she knows or has reason to know
he or she has a financial interest.  In the case of certain public
officials, existing law prohibits an official from making,
participating in making, or in any way attempting to use his or her
official position to influence the decision in a proceeding involving
a license, permit, or other entitlement for use pending before the
agency if the official has willfully or knowingly received a
contribution in an amount of more than $250 within the preceding 12
months from a party who is the subject of the proceeding or his or
her agent.
   This bill would prohibit an elected state officer from submitting
or agreeing to submit a pending lawsuit or any part of a pending
lawsuit against the state or a state agency to binding arbitration if
he or she has received a contribution within the preceding 12 months
in the amount of $250 or more from a party to that lawsuit, the
party's attorney, or any person acting on the behalf of the party.
   (2) Under existing law, a violation of the Political Reform Act of
1974 is subject to administrative, civil, and criminal penalties.
   This bill would impose a state-mandated local program by imposing
these criminal penalties on persons who violate the provisions of the
bill.
  (3) 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.
   (4) The Political Reform Act of 1974, an initiative measure,
provides that the Legislature may amend the act to further the act's
purposes with a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill, which would declare that it furthers the purposes of
the act, would therefore require a 2/3 vote.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Section 84308.5 is added to the Government Code, to
read:
   84308.5.  An elected state officer may not submit or agree to
submit a pending lawsuit, or any part thereof, against the state or a
state agency to binding arbitration if he or she has received a
contribution within the preceding 12 months in the amount of two
hundred fifty dollars ($250) or more from a party to that lawsuit,
the party's attorney, or any person acting on the behalf of the
party.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
  SEC. 3.  The Legislature finds and declares that the provisions of
this act further the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.