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 1090 of the Government Code is amended
2to read:
begin insert(a)end insertbegin insert end insertMembers 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).
13As
end delete
14begin insert(c)end insertbegin insert end insertbegin insertAsend insert used in this article, “district” means any agency of the
15state formed pursuant to general law or special act, for the local
16performance of governmental or proprietary functions within
17limited boundaries.
Section 1093 of the Government Code is amended to
19read:
begin insert(a)end insertbegin insert end insertThebegin delete Stateend delete Treasurer and Controller, county and city
21officers, and their deputies and clerks shall not purchase or sell,
22or in any manner receive for their own or any other person’s use
23or benefit anybegin delete State,end deletebegin insert state,end insert county or city warrants, scrip, orders,
24demands, claims, or other evidences of indebtedness against the
25begin delete State,end deletebegin insert
state,end insert or any county or city thereof.begin delete This section does not
26apply to evidences of indebtedness issued to or held by such an
27officer, deputy or clerk for services rendered by them, nor to
28evidences of the funded indebtedness of the State, county, or city.end delete
P3 1(b) An individual shall not aid or abet the Treasurer, Controller,
2a county or city officer, or their deputy or clerk in violating
3subdivision (a).
4(c) This section shall not apply to evidences of indebtedness
5issued to or held by an officer, deputy, or clerk for services
6rendered by them, nor to evidences of the funded
indebtedness of
7the state, county, or city.
Section 1097 of the Government Code is amended to
9read:
begin insert(a)end insertbegin insert end insertEvery officer or person prohibited by the laws of
11this state from making or being interested in contracts, or from
12becoming a vendor or purchaser at sales, or from purchasing script,
13or other evidences of indebtedness, including any member of the
14governing board of a school district, who willfully violates any of
15the provisions ofbegin delete suchend deletebegin insert thoseend insert laws, is punishable by a fine of not
16more than one thousand dollars ($1,000), or by imprisonment in
17the state prison, and is forever disqualified from
holding any office
18in this state.
19(b) An individual who willfully aids or abets an officer or person
20in violating a prohibition by the laws of this state from making or
21being interested in contracts, or from becoming a vendor or
22purchaser at sales, or from purchasing scrip, or other evidences
23of indebtedness, including any member of the governing board of
24a school district, is punishable by a fine of not more than one
25thousand dollars ($1,000), or by imprisonment in the state prison,
26and is forever disqualified from holding any office in this state.
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.
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