SB 439 California Senate · 2011-2012 Regular Session

Political Reform Act of 1974: PERS: STRS: gift limits.

Summary
The Political Reform Act of 1974 (PRA) prohibits a member of a state board or commission, or a designated employee of a state or local government agency, from accepting gifts from any single source in any calendar year with a total value of more than $250, as adjusted biennially by the Fair Political Practices Commission (FPPC) , if the receipt of income or gifts from that source is subject to disclosure on a statement of economic interests. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and authorizes the FPPC to assess a monetary penalty if it finds a violation of the PRA has been committed. This bill would prohibit any member of the board of, and any designated employee of, the Public Employees' Retirement System (PERS) or State Teachers' Retirement System (STRS) from accepting gifts in any calendar year with a total value of more than $50 from any single person who has secured a contract with, or submitted a contract proposal to, PERS or STRS within the previous 5 years. A gift would not be deemed to have been accepted if the gift or its equivalent dollar value is returned to the donor of the gift within 30 days after receipt of the gift. Because a knowing or willful violation of this provision would be a crime, the bill would impose a state-mandated local program. This bill would disqualify a vendor or contractor that makes gifts in violation of the above-described gift limit on 2 separate occasions in a 5-year period from bidding on, and being awarded, any contract for a period of 2 years from the date of the 2nd penalty assessment made by the FPPC for commission of the violation. 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2011
Committee Review
Sep 2011
Senate Passage
May 2011
Assembly Passage
Sep 2011
Vetoed
Mar 2012
Introduced Feb 16, 2011 Vetoed Mar 1, 2012
Floor votes · Senate Sep 9, 2011 · Assembly Sep 7, 2011

How they voted

310
Passed
Total votes 31
Sep 9, 2011
D Democratic20
20 Yea
100% Yea
R Republican11
11 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
31
Key actions
6
Committee
7
Amendments
3
Mar 1, 2012
Vetoed
Veto sustained.
upper
Mar 1, 2012
Vetoed
Consideration of Governor's veto stricken from file.
upper
Oct 7, 2011
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Oct 7, 2011
Vetoed
Vetoed by the Governor.
upper
Sep 9, 2011
Senate · Passed
Senate Vote: pass (31-0)
senate
Sep 8, 2011
Upper · Passed
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2400.) Ordered to engrossing and enrolling.
upper
Sep 7, 2011
Assembly · Passed
Assembly Vote: pass (68-0-2)
assembly
Sep 7, 2011
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 22, 2011
Lower · Passed
From committee: Do pass as amended. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 17).
lower
Jul 6, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.
lower
Jun 22, 2011
Committee
From committee: Do pass and re-refer to Com. on E. & R. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (June 22). Re-referred to Com. on E. & R.
lower
Jun 2, 2011
Committee
Referred to Coms. on P.E., R. & S.S. and E. & R.
lower
May 17, 2011
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
May 4, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 852.) (May 3). Re-referred to Com. on APPR.
upper
Mar 22, 2011
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on E. & C.A. (Ayes 5. Noes 0. Page 417.) (March 21).
upper
Feb 24, 2011
Committee
Referred to Coms. on P.E. & R. and E. & C.A.
upper
Feb 16, 2011
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 4 co-sponsors

Sponsors

No sponsor information available.