Political Reform Act of 1974: public officers: financial interest.
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AB 785 — Political Reform Act of 1974: public officers: financial interest.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
(1) The Political Reform Act of 1974 prohibits a public official at any level of state or local government from making, participating in making, or in any way attempting to use his or her official position to influence a governmental decision in which he or she knows or has reason to know he or she has a financial interest. A violation of the Political Reform Act of 1974 is subject to administrative, civil, and criminal penalties. This bill would provide, for purposes of this prohibition, that a public official who is an elected or appointed member of a state or local government agency has a financial interest in a decision of that agency if the decision involves a vote by the public official relating to the approval, modification, or cancellation of a contract and if an immediate family member of the public official (a) is acting as an agent for, or otherwise representing, any other person by making a formal or informal appearance before, or by making an oral or written communication to, the state or local government agency, or an officer or employee thereof, for the purpose of influencing the contracting decision or (b) is a director, officer, or partner of a business entity on which it is reasonably foreseeable that the contracting decision will have a material financial effect. This bill would define "immediate family member" to mean a public official's spouse or domestic partner, child, parent, sibling, or the spouse or domestic partner of a child, parent, or sibling. This bill would impose a state-mandated local program by exposing these public officials to potential criminal penalties for failing to recuse themselves from participation where required by this bill. (2) 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. (3) 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
- Amended 01/04/12 - Amended Assembly Current pdf January 04, 2012
- Amended 04/25/11 - Amended Assembly pdf April 25, 2011
- Amended 04/04/11 - Amended Assembly pdf April 04, 2011
- Introduced 02/17/11 - Introduced pdf February 17, 2011
- AB785 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, first hearing. Failed passage.
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From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 0.) (January 9). Re-referred to Com. on L. GOV.
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(Pending re-referral to Com. on L. Gov.)
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Assembly Rule 56 suspended.
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Re-referred to Com. on E. & R.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.
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In committee: Set, second hearing. Hearing canceled at the request of author.
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(Pending re-referral to Com. on L. GOV.)
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Assembly Rule 56 suspended. (Page 1118.)
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Re-referred to Com. on E. & R.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.
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In committee: Hearing postponed by committee.
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Re-referred to Com. on E. & R.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Coms. on E. & R. and L. GOV.
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From printer. May be heard in committee March 20.
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Read first time. To print.
Sponsors
- Mendoza · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Mendoza
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 6 | 0 | 3 |
| Total | 0 | 6 | 0 | 3 |
| % of votes cast | 0% | 67% | 0% | 33% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Campos | — | Nay |
| Gordon | — | Nay |
| Hueso | — | Nay |
| Knight | — | Nay |
| Smyth | — | Nay |
| Wieckowski | — | Not Voting |
| Alejo | — | Not Voting |
| Bradford | — | Not Voting |
| Norby | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 1 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bonilla | — | Yea |
| Fong | — | Yea |
| Allen | — | Yea |
| Mendoza | — | Yea |
| Swanson | — | Yea |
| Logue | — | Not Voting |
| Valadao | — | Yea |
Subjects
Frequently asked questions
- What does AB 785 do?
- (1) The Political Reform Act of 1974 prohibits a public official at any level of state or local government from making, participating in making, or in any way attempting to use his or her official position to influence a governmental decision in which he or she knows or has reason to know he or she has a financial interest. A violation of the Political Reform Act of 1974 is subject to administrative, civil, and criminal penalties. This bill would provide, for purposes of this prohibition, that a public official who is an elected or appointed member of a state or local government agency has a financial interest in a decision of that agency if the decision involves a vote by the public official relating to the approval, modification, or cancellation of a contract and if an immediate family member of the public official (a) is acting as an agent for, or otherwise representing, any other person by making a formal or informal appearance before, or by making an oral or written communication to, the state or local government agency, or an officer or employee thereof, for the purpose of influencing the contracting decision or (b) is a director, officer, or partner of a business entity on which it is reasonably foreseeable that the contracting decision will have a material financial effect. This bill would define "immediate family member" to mean a public official's spouse or domestic partner, child, parent, sibling, or the spouse or domestic partner of a child, parent, or sibling. This bill would impose a state-mandated local program by exposing these public officials to potential criminal penalties for failing to recuse themselves from participation where required by this bill. (2) 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. (3) 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 AB 785?
- AB 785 is sponsored by Mendoza.
- What is the current status of AB 785?
- This bill died with 2011-2012 Regular Session. It reached “In Committee” 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 AB 785?
- Track AB 785 free on One Click Politics — get push/email alerts when it moves.
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