Public finance.
Summary
Existing law prohibits certain public officials and employees from being financially interested in any contract made by them in their official capacity, or by any board of which they are members. An officer is not deemed to be interested in a contract entered into by a body or board of which the officer is a member if the officer has only a remote interest in the contract and other requirements are met. A remote interest is required to be publicly disclosed, and thereafter the public body may authorize, approve, or ratify the contract in question, but the officer or employee with the remote interest is disqualified from voting. A remote interest is defined to include, among others, the interest of a person who is an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c) (3) of the Internal Revenue Code or a nonprofit corporation. Violation of these provisions is a crime. This bill would include in the definition of remote interest the interest of a person who is an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c) (5) of the Internal Revenue Code. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law establishes in the State Treasury the Local Revenue Fund 2011, a continuously appropriated fund, and requires that moneys in the fund be allocated exclusively for public safety services, as defined. Existing law further establishes the Law Enforcement Services Account within that fund, and creates the Enhancing Law Enforcement Activities Subaccount and the Juvenile Justice Subaccount within the Law Enforcement Services Account. Existing law allocates specified funds from the Enhancing Law Enforcement Activities Subaccount to local governments, including to cities and counties that charge fees to a city, special district, community college district, college, or university for the booking or detention of a person arrested and brought to a detention facility of the city or county. Existing law also allocates moneys in the subaccount for county sheriffs' departments, California Multi-Jurisdictional Methamphetamine Enforcement Teams, Multi-Agency Gang Enforcement Consortium, Sexual Assault Felony Enforcement Teams, High Technology Theft Apprehension and Prosecution Program, Gang Violence Suppression Program, Central Valley and Central Coast Rural Crime Prevention Programs, jail construction and operation, criminal prosecution, juvenile justice plans, habitual truants, runaways, and children at risk of being wards of the court or under juvenile supervision or supervision of the county probation department. This bill would, subsequent to the allocation made to cities and counties that charge fees to a city, special district, community college district, college, or university for the booking or detention of a person arrested and brought to a detention facility of the city or county, revise the percentages of the remaining funds to be allocated for the other above-mentioned purposes from the Enhancing Law Enforcement Activities Subaccount. Under existing law counties are authorized to establish a Community Corrections Performance Incentives Fund (CCPIF) to receive moneys related to the placement of felons under probation supervision, mandatory supervision, and postrelease community supervision. Programs funded through a CCPIF are required to identify and track specific outcome-based measures and report its findings to the Administrative Office of the Courts (AOC) . The AOC then provides quarterly statistical information to the Department of Finance that includes, among other things, the number of felony convictions in the county and the number of felons who would have been subject to specified sentencing provisions had felony probation not been granted. This bill would remove from the AOC's quarterly statistical information the number of felons who would have been subject to those sentencing provisions had felony probation not been granted. The Personal Income Tax Law and the Corporation Tax Law allow a credit in an amount equal to the amount of sales or use tax paid in connection with qualified property that is purchased and placed in service before the date the enterprise zone or targeted tax area designation expires, is no longer binding, or becomes inoperative. Existing law repeals these provisions on December 1, 2014. This bill would instead require the qualified property to be placed in service in the enterprise zone or the targeted tax area before January 1, 2015, and would repeal those provisions on December 1, 2015. The bill would also make clarifying changes to those provisions. Existing law requires the Population Research Unit to, among other things, determine the census tracts that are within the highest quartile of census tracts with the highest civilian unemployment, and to sort the census tracts by the respective civilian unemployment rate of each in ascending order, or from the lowest, 0%, to the highest, 100%, as specified. This bill would make clarifying changes to those provisions. Existing law established the California Competes Tax Credit Committee, which consists of the Treasurer, the Director of Finance, the Director of the Governor's Office of Business and Economic Development, and one appointee each from the Senate and Assembly. This bill would provide that the Director of the Governor's Office of Business and Economic Development is the chair. The bill would prohibit a member of the Legislature from being appointed to the committee. Under existing law and until January 1, 2014, California is subject to an interstate compact for juveniles and that compact requires California, among other things, to appoint a commissioner to the Interstate Commission for Juveniles and to create a State Council for Interstate Juvenile Supervision. This bill would extend the duration of the compact until January 1, 2016. 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 bill would appropriate $100,000 from the General Fund to the Governor's Office of Business and Economic Development for administration. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2013
Committee Review
Sep 2013
Senate Passage
May 2013
Assembly Passage
Sep 2013
Signed into Law
Sep 2013
Introduced Jan 10, 2013
Signed Sep 26, 2013
Floor votes · Senate May 13, 2013 · Assembly Sep 6, 2013
How they voted
24–9
Passed · 5 other
Total votes 38
May 13, 2013
D
Democratic27
88% Yea
R
Republican11
81% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
6
Committee
5
Amendments
1
Sep 26, 2013
Signed into law
Approved by the Governor.
legislature
Sep 11, 2013
Upper · Passed
Assembly amendments concurred in. (Ayes 35. Noes 2. Page 2363.) Ordered to engrossing and enrolling.
upper
Sep 6, 2013
Assembly · Passed
Assembly Vote: pass (56-7-13)
assembly
Sep 6, 2013
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 29, 2013
Lower · Passed
From committee: Do pass. (Ayes 17. Noes 2.) (August 29).
lower
Aug 28, 2013
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.
lower
May 24, 2013
Committee
Referred to Com. on BUDGET.
lower
May 13, 2013
Senate · Passed
Senate Vote: pass (24-9-5)
senate
Jan 24, 2013
Committee
Referred to Com. on RLS.
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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