HomeMy WebLinkAboutMINUTES - 06041991 - 1.6 (2) 1.-060
TO: BOARD OF SUPERVISORS E''- Contra
FROM: Phil Batchelor, County Administrator
n1'
Costa
. ,�s
=
March 25, 1991 County
'o =. --_ �
DATE. T>' c�
'q COl1N'�
SUBJECT: LEGISLATION - SB 595 (Marks)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDIATION:
Indicate that the Board is the SPONSOR of SB 595 if the bill is
amended to include the campaign reform legislation of which the
Board is seeking passage relating to regulating individuals or
committees seeking to qualify or oppose the qualification of
local measures for the ballot.
BACKGROUND:
The Board of Supervisors has included in its 1991 Legislative
Program the passage of legislation which would authorize local
agencies to regulate individuals or committees which are seeking
to qualify or oppose the qualification of local measures for the
ballot. Senator Kopp had indicated that he would carry the
legislation for the County and has amended the County' s language
into SB ,116. Unfortunately, Senator Kopp ran into opposition in
the Senate Elections and Reapportionment Committee for reasons
which have nothing to do with the County's language. Senator
Kopp has, therefore, made arrangements with Senator Milton Marks
to have the County' s language amended into Senator Marks' SB 595,
which has already passed the Senate and is now in the Assembly
Elections, Reapportionment and Constitutional Amendments
Committee. The current version of SB 595 is non-controversial
and we do not expect any problems with the bill by adding our
proposed language.
Providing that Senator Marks amends the Board' s language into SB
595, it would be appropriate to indicate that the Board is the
SPONSOR of that portion of the bill, as amended.
CONTINUED ON ATTACHMEN O YES SIGNATURE: 11,1,6z Z Z
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE / I
_ APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON June 4, 1991 APPROVED AS RECOMMENDED -X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT_ ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC:
County Administrator ATTESTED m w
County Clerk-Recorder PHIL BATCHELOR,CLERK OF THE BOARD OF
Elections Supervisor SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Les Spahnn, SRJ. Jackson, Barish & Assoc.
BY DEPUTY
M382 (10/88)
SENATE BILL No. 595
Introduced by Senator Marks
March 4, 1991
An. act to amend Sections 82024, 82053, and 89506 of the
Government Code, relating to the Political Reform Act of
1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 595, as introduced, Marks. Political Reform Act:
Insurance Commissioner: travel expenses.
Under the Political Reform Act of 1974, individuals who
hold specified elective state offices and statewide elective
offices, as defined, are subject to the provisions of the act and
failure to comply with its 'proscriptions can result in
administrative, civil, and criminal penalties.
This bill would add the office of the Insurance
Commissioner to the definitions of elective state office and
statewide elective office, thereby subjecting the
commissioner to the proscriptions of the Political Reform Act "
and imposing a state-mandated local program by creating
new crimes.
Existing law provides that certain payments, advances, or
reimbursements for travel are not prohibited under specified
circumstances, including travel which satisfies certain criteria
under federal income tax law statutes.
This bill would correct an erroneous reference to a
specified federal statute.
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,
99 90
SB 595 — 2—
provides
2—
provides that'the Legislature may amend the act to further
the act's purposes with a2/3vote of each house and compliance
with specified procedural requirements.
Proposition 103, an initiative measure approved by the
voters at the 1988 statewide general election which created
the elective office of the Insurance Commissioner, provides
that the Legislature may amend the act to further the act's
purposes with a% vote of each house.
This bill would require a% vote and would declare that it
furthers the purposes of the Political Reform Act and
Proposition 103.
Vote: /3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 82024 of the Government Code
2 is amended to read:
3 82024. "Elective state office" means the office of
4 Governor; Lieutenant Governor, Attorney General;
5 Insurance Commissioner, Controller, Secretary of State,
6 Treasurer, Superintendent of Public Instruction,
7 member of the Legislature, and member of the State
8 Board of Equalization.
9 SEC. 2. Section 82053 of the Government Code is
10 amended to read:
11 82053. "Statewide elective office" means the office of
12 Governor, Lieutenant Governor, Attorney General,
13 Insurance Commissioner, Controller, Secretary of State,
14 Treasurer, and Superintendent of Public Instruction. .
15 SEC. 3. Section 89506 of the Government Code is
16 amended to read:
17 89506. (a) Payments, advances, or reimbursements,
18 for travel, including actual transportation and related
19 lodging and subsistence which is reasonably.related to a
20 legislative or governmental purpose, or to an issue of
21 state, national, or international public policy, is are not
22 prohibited or limited by this chapter if either of the
23 following apply:
24 (1) The travel is in connection with a speech given by
99 100
-3 — SB 595
1 the 'elected state officer, member of a state board or
2 commission, or designated employee of a state agency,
3 the lodging and subsistence expenses are limited to the
. 4 day immediately preceding, the day of, and the day
5 immediately . following the -speech, and the travel is
6 within the United States.
7 (2) The travel is provided by a government, a
8 governmental agency, a foreign government, a
9 governmental authority, a bona 'fide public or private
10 educational institution, as defined in Section 203 of the
11 Revenue and Taxation Code, or a nonprofit charitable or
12 religious organization which is exempt from taxation
13 under Section 501(c) (3) of the Internal Revenue Code,
14 or by a person domiciled outside the United States which
15 substantially satisfies the requirements for tax exempt
16 status under Section 501 (c) (3) of the Internal Revenue
17 Code.
18 (b) Gifts of travel not described in subdivision (a) are
19 subject to the limits in Sections 89504 and 89505.
20 (c) Subdivision (a) applies only to travel which is
21 reported on the recipient's statement. of economic
22 interests.
23 (d) For purposes of this section, a gift of travel does
24 not include any of the following:
25 (1) Travel which is paid for from campaign funds, as
26 permitted by Article 4 (commencing with Section
27 89510), or which is a contribution.
28 (2) Travel which is provided by the agency of an
29 elected state officer, member of a state board or
30 commission, or a designated employee.
31 (3) Travel which is reasonably necessary in
32 connection with a bona fide business, trade, or profession
33 and which satisfies the criteria for federal income tax
34 deduction for business expenses in Sections 162 and 444
35 274 of the Internal Revenue Code, unless the sole or
36 predominant activity of the business, trade, or profession
37 is making speeches.
38 (4) Travel which is excluded from the definition of a
39 gift by any other provision of this title.
40 SEC. 4. No reimbursement is required by this act
99 120
SB 595 —4—
..,pursuant
4--:.pursuant to Section 6 of Article XIII B of the California
2 Constitution because .the only costs which may be
3 incurred by. a local agency or school district will be
4 incurred because this act creates a new crime or
5 infraction, changes the definition of a.crime or infraction,
6 changes the penalty for a crime or -infraction, or
7 eliminates a crime or infraction. Notwithstanding Section
8 17580 of the Government Code, unless otherwise
9 specified in this act, the provisions of this act shall become
10 operative on the same, date that the act takes effect
11 pursuant to the California Constitution.
12 SEC. 5. The Legislature finds and declares that the
13 provisions of this act further the purposes of both the
14 Political Reform Act 'of 1974 within the meaning of
15 subdivision (a).of Section 81012 of.the Government Code
16. and Proposition 103 within the meaning of Section 8 of
17 the measure.
O
99 130