BILL NUMBER: AB 2003 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 22, 2010
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 17, 2010
An act to add Section 50035 to the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2003, as amended, Mendoza. Legislative bodies: contracts and
appointments.
Existing law prohibits an elective officer of a city from
expending, or participating in any action that would expend, city
funds between the date a recall election involving that elective
officer has been called and the date the certification of the
election results is released, as specified.
This bill would provide that any contract entered into or
appointment made by a legislative body of a local agency, as defined,
during the period after the close of the polls on Election
Day election day for an election involving that
legislative body and before a new member of the legislative body is
sworn in to take office , shall not take effect until the
legislative body, which includes the newly elected member, has
reviewed and approved the contract or appointment. This bill
would provide an exception for a contract that has a value not to
exceed $20,000 and that expires on or before the date that the
incoming legislative body is sworn in.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 50035 is added to the Government Code, to read:
50035. (a) Notwithstanding any other law, and except as
provided in subdivision (b), any contract entered into or
appointment made by the legislative body of a local agency during the
period after the close of the polls on Election Day
election day for an election involving that
legislative body and before a new member of the legislative body is
sworn in to take office, shall not take effect until the legislative
body, which includes the newly elected member, has reviewed and
approved that contract or appointment.
(b) A legislative body of a local agency may, during the period
after the close of the polls on election day for an election
involving that legislative body and before a new member of the
legislative body is sworn in to take office, enter into a contract
that has a value not to exceed twenty thousand dollars ($20,000) if
the contract provides that it shall expire by its own terms on or
before the date that the incoming legislative body, including any new
members of the legislative body, is sworn in to take office.
(b)
(c) For purposes of this section, "local agency" means
any local agency whose governing body is subject to election,
including, but not limited to, a city, county, city and county,
school district, or special district.
(c)
(d) This section shall not apply to any contract
entered into before the effective date of the act adding this
section.