California 2011-2012 Regular Session Status: Enacted

AB 41 — High-Speed Rail Authority: conflicts of interest: disqualification.

Last action — Chaptered by Secretary of State - Chapter 626, Statutes of 2012.

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

This bill has been enacted into law. Introduced December 06, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing provisions of the Political Reform Act of 1974 prohibit a public official at any level of state or local government from making, participating in making, or attempting to use his or her official position to influence a governmental decision in which he or she knows or has reason to know that he or she has a financial interest, as defined. Existing law also requires specified elected and appointed officers at the state and local levels of government to disclose specified financial interests by filing periodic statements of economic interests. Existing law further requires public officials who hold specified offices and who have a financial interest in a decision within the meaning of the Political Reform Act of 1974 to publicly identify the financial interest giving rise to the conflict of interest or potential conflict of interest, recuse themselves from discussing and voting on the matter, and leave the room until after the discussion, vote, and other disposition of the matter is concluded, except as specified. This bill would add members of the High-Speed Rail Authority to those specified officers who must publicly identify a financial interest giving rise to a conflict of interest or potential conflict of interest, and recuse themselves accordingly. Existing law requires each state agency to adopt a conflict-of-interest code and to designate those employees of the agency who are subject to the provisions of the conflict-of-interest code. Existing law requires that each agency's conflict-of-interest code contain specified provisions, including requirements that each designated employee file periodic statements of economic interests and provisions setting forth circumstances under which a designated employee must disqualify himself or herself from participating in a governmental decision. Existing law further imposes various other restrictions on individuals who are designated employees, including postgovernment employment restrictions and restrictions regarding the acceptance of gifts and honoraria. This bill would provide that each individual who is selected by the authority to serve in a peer review capacity to the authority shall be deemed to be a designated employee of the authority, thereby making those persons subject to the provisions of the authority's conflict-of-interest code and to the various other restrictions that apply to the designated employees of a state agency. Existing law makes a violation of the Political Reform Act of 1974 subject to administrative, civil, and criminal penalties. This bill would impose a state-mandated local program by exposing these members and designated employees to potential criminal penalties for failing to make the disclosures and recuse themselves where required by this bill. This bill would incorporate additional changes in Section 87200 of the Government Code proposed by AB 2609, that would become operative only if AB 2609 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. 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. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 626, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:15 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 2. Page 6689.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 5022.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

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

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

  13. Read second time. Ordered to third reading.

  14. Read third time and amended. Ordered to second reading.

  15. Action rescinded whereby the bill was read third time, passed, and to Assembly.

  16. In Senate. Held at Desk.

  17. Ordered to the Senate.

  18. Ordered to the unfinished business file.

  19. From inactive file.

  20. Ordered to inactive file at the request of Assembly Member Charles Calderon.

  21. In Assembly. Concurrence in Senate amendments pending.

  22. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2360.).

  23. Read second time. Ordered to third reading.

  24. Read third time and amended. Ordered to second reading.

  25. Ordered to third reading.

  26. From consent calendar.

  27. Read second time. Ordered to consent calendar.

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

  29. Re-referred to Com. on APPR.

  30. From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 0.) (June 21). Re-referred to Com. on RLS.

  31. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.

  32. Referred to Com. on E. & C.A.

  33. In Senate. Read first time. To Com. on RLS. for assignment.

  34. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 0. Page 981.)

  35. Read second time. Ordered to consent calendar.

  36. From committee: Do pass. To consent calendar. (Ayes 16. Noes 0.) (April 6).

  37. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.

  38. Referred to Com. on E. & R.

  39. From printer. May be heard in committee January 6.

  40. Read first time. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Hill

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 41 HILL Concurrence - Urgency Added

Passed 74 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 72104
Republican 1100
Democratic 1000
Total 74204
% of votes cast 93%3%0%5%
How each member voted (80)
Member Party Vote
Gorell — Yea
Eng — Yea
Butler — Yea
Furutani — Yea
Garrick — Yea
Gatto — Yea
Gordon — Yea
Fong — Yea
Carter — Yea
Hagman — Yea
Allen — Yea
Hall — Yea
Hayashi — Yea
Huber — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Jeffries — Yea
Ammiano — Yea
Blumenfield — Yea
Chesbro — Yea
Conway — Yea
Knight — Yea
Logue — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Torres — Yea
Valadao — Yea
Wagner — Yea
Bonilla — Yea
Yamada — Yea
Atkins — Yea
Campos — Yea
Halderman — Not Voting
Lara — Yea
Beall — Yea
Donnelly — Nay
Mendoza — Not Voting
Miller — Yea
Monning — Yea
Morrell — Yea
Solorio — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Hueso — Not Voting
Huffman — Yea
Ma — Yea
Mansoor — Yea
Pan — Yea
Silva — Yea
Swanson — Yea
Wieckowski — Yea
Williams — Yea
Cook — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Not Voting
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB41 Hill By Lowenthal Urgency Clause

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 1001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Evans — Yea
Lowenthal — Yea
De León — Yea
Hancock — Yea
Negrete McLeod — Yea
Harman — Yea
Rubio — Yea
Cannella — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Runner — Not Voting
Dutton — Yea
Pavley — Not Voting
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Hernandez — Yea
Huff — Yea
Lieu — Yea
Liu — Not Voting
Price — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

3rd Reading AB41 Hill By Lowenthal

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Yea
Cannella — Yea
Fuller — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Anderson — Yea
Blakeslee — Yea
Corbett — Yea
Dutton — Yea
Kehoe — Yea
Leno — Not Voting
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wright — Not Voting
Alquist — Yea
Hernandez — Yea
Pavley — Yea
Vargas — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — 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 →

AB 41 HILL Consent Calendar Second Day

Passed 60 Yea · 0 Nay · 19 Other
Party YeaNayPresentNot Voting
Unaffiliated 580016
Democratic 2001
Republican 0002
Total 600019
% of votes cast 76%0%0%24%
How each member voted (79)
Member Party Vote
Carter — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Ammiano — Yea
Hagman — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Jeffries — Yea
Cook — Yea
Davis — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Yamada — Yea
Feuer — Not Voting
Butler — Not Voting
Gordon — Yea
Halderman — Yea
Campos — Yea
Hall — Yea
Lara — Yea
Mansoor — Not Voting
Bonilla — Yea
Atkins — Yea
Chesbro — Yea
Monning — Yea
Beall — Yea
Donnelly — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Wieckowski — Yea
Williams — Not Voting
Galgiani — Not Voting
Garrick — Not Voting
Gorell — Not Voting
Harkey — Not Voting
Conway — Not Voting
Knight — Not Voting
Mendoza — Not Voting
Morrell — Not Voting
Wagner — Not Voting
Achadjian — Yea
Alejo — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Logue — Not Voting
Ma — Yea
Miller — Yea
Nestande — Yea
Olsen — Not Voting
Perea — Yea
Skinner — Yea
Solorio — Yea
Torres — Yea
Eng — Yea
Dickinson — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Hall — Not Voting
Mitchell — Yea
Donnelly — Yea
Blumenfield — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Bradford — Yea
Harkey — Yea
Hill — Yea
Wagner — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 41 do?
Existing provisions of the Political Reform Act of 1974 prohibit a public official at any level of state or local government from making, participating in making, or attempting to use his or her official position to influence a governmental decision in which he or she knows or has reason to know that he or she has a financial interest, as defined. Existing law also requires specified elected and appointed officers at the state and local levels of government to disclose specified financial interests by filing periodic statements of economic interests. Existing law further requires public officials who hold specified offices and who have a financial interest in a decision within the meaning of the Political Reform Act of 1974 to publicly identify the financial interest giving rise to the conflict of interest or potential conflict of interest, recuse themselves from discussing and voting on the matter, and leave the room until after the discussion, vote, and other disposition of the matter is concluded, except as specified. This bill would add members of the High-Speed Rail Authority to those specified officers who must publicly identify a financial interest giving rise to a conflict of interest or potential conflict of interest, and recuse themselves accordingly. Existing law requires each state agency to adopt a conflict-of-interest code and to designate those employees of the agency who are subject to the provisions of the conflict-of-interest code. Existing law requires that each agency's conflict-of-interest code contain specified provisions, including requirements that each designated employee file periodic statements of economic interests and provisions setting forth circumstances under which a designated employee must disqualify himself or herself from participating in a governmental decision. Existing law further imposes various other restrictions on individuals who are designated employees, including postgovernment employment restrictions and restrictions regarding the acceptance of gifts and honoraria. This bill would provide that each individual who is selected by the authority to serve in a peer review capacity to the authority shall be deemed to be a designated employee of the authority, thereby making those persons subject to the provisions of the authority's conflict-of-interest code and to the various other restrictions that apply to the designated employees of a state agency. Existing law makes a violation of the Political Reform Act of 1974 subject to administrative, civil, and criminal penalties. This bill would impose a state-mandated local program by exposing these members and designated employees to potential criminal penalties for failing to make the disclosures and recuse themselves where required by this bill. This bill would incorporate additional changes in Section 87200 of the Government Code proposed by AB 2609, that would become operative only if AB 2609 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 41?
AB 41 is sponsored by Hill.
What is the current status of AB 41?
This bill has been enacted into law. Introduced December 06, 2010. Enacted.
Where can I track AB 41?
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