Political Reform Act of 1974: State Bar of California.

Under existing law, unless expressly provided by law, the State Bar of California is not subject to various state laws prescribing the mode of procedure for exercising the powers of state public bodies or state agencies, as specified. Existing law, the Political Reform Act of 1974, defines "public official" broadly, but it expressly excludes specified persons, including those affiliated with the State Bar of California, from that definition. Under the act, each agency is required to adopt and promulgate a Conflict of Interest Code that requires designated employees of the agency, as defined, to file statements disclosing specified economic interests. Existing law generally requires such a code to contain specific provisions setting forth any circumstances under which designated employees or categories of designated employees must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision. However, the act specifically provides that the Conflict of Interest Code for members of the Board of Governors of, and designated employees of, the State Bar of California need not contain such a provision. The act further requires certain enumerated public officials to file their conflict of interest statements, and make specified disclosures, pursuant to specific provisions of the act. This bill would instead expressly require include board members and designated employees of the State Bar of California within its definition of "public official." The bill would eliminate the above-referenced exception for Conflict of Interest Codes with respect to board members and designated employees of the State Bar of California, thereby requiring these codes to contain such disqualification provisions. The bill would also specify that board members and designated employees of the State Bar of California are not enumerated public officials required to comply with specified filing and disclosure requirements; rather, they would only need to file conflict of interest statements and make specified disclosures pursuant to the requirements of their own code. A violation of the act's provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. 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 of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.