California 2011-2012 Regular Session Status: To Executive

SB 439 — Political Reform Act of 1974: PERS: STRS: gift limits.

Last action — Veto sustained.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 Text

Action History

  1. Veto sustained.

  2. Consideration of Governor's veto stricken from file.

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

  5. Enrolled and presented to the Governor at 11:30 a.m.

  6. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2400.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 78. Noes 0. Page 2941.) Ordered to the Senate.

  9. Read second time. Ordered to consent calendar.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 17).

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & R.

  14. 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.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on P.E., R. & S.S.

  16. Referred to Coms. on P.E., R. & S.S. and E. & R.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 39. Noes 0. Page 1062.) Ordered to the Assembly.

  19. Read second time. Ordered to consent calendar.

  20. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  21. Set for hearing May 16.

  22. 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.

  23. Set for hearing May 3.

  24. Read second time and amended. Re-referred to Com. on E. & C.A.

  25. From committee: Do pass as amended and re-refer to Com. on E. & C.A. (Ayes 5. Noes 0. Page 417.) (March 21).

  26. Set for hearing March 21.

  27. Referred to Coms. on P.E. & R. and E. & C.A.

  28. From printer. May be acted upon on or after March 19.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Negrete McLeod · Primary
  • Correa · Cosponsor
  • Fuentes · Cosponsor
  • Furutani · Cosponsor
  • Walters · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

  • Negrete McLeod

Co-sponsors (4)

  • Correa
  • Fuentes
  • Furutani
  • Walters

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB439 Negrete McLeod Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
DeSaulnier — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Blakeslee — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Rubio — Yea
Dutton — Yea
Leno — Yea
Alquist — Yea
Anderson — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Cannella — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 439 Negrete McLeod Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Yea
Feuer — Yea
Furutani — Yea
Gordon — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Atkins — Yea
Hill — Yea
Butler — Yea
Huber — Yea
Huffman — Yea
Jeffries — Yea
Campos — Yea
Portantino — Yea
Knight — Yea
Miller — Yea
Allen — Yea
Nestande — Yea
Bonilla — Yea
Ammiano — Yea
Carter — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Norby — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Swanson — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Fong — Yea
Fletcher — Yea
Galgiani — Yea
Gatto — Yea
Lara — Yea
Mendoza — Not Voting
Monning — Yea
Morrell — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Wagner — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Gatto — Yea
Hall — Yea
Harkey — Yea
Mitchell — Yea
Lara — Yea
Donnelly — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Wagner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Consent Calendar 2nd SB439 Negrete McLeod

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 36001
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Runner — Yea
Lowenthal — Yea
De León — Yea
Hancock — Yea
Hernandez — Yea
Huff — Yea
Liu — Yea
Price — Yea
Wolk — Yea
Wright — Yea
Cannella — Yea
Yee — Yea
Negrete McLeod — Yea
Vargas — Yea
Evans — Yea
Rubio — Yea
Harman — Not Voting
Corbett — Yea
Dutton — Yea
Leno — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

civil-rights elections
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Frequently asked questions

What does SB 439 do?
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.
Who sponsors SB 439?
SB 439 is sponsored by Negrete McLeod, Correa, Fuentes, Furutani, and Walters.
What is the current status of SB 439?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 439?
Track SB 439 free on One Click Politics — get push/email alerts when it moves.

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