Blanca Rubio
- Democratic
- Assemblymember
- District 48
Author
Existing law prohibits members of the Legislature and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Existing law authorizes the Fair Political Practices Commission to commence an administrative or civil action against persons who violate this prohibition, as prescribed, and includes provisions for the collection of penalties after the time for judicial review of a commission order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted. Existing law identifies certain remote interests in contracts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract. Existing law makes a willful violation of this prohibition a crime. This bill would establish that an independent contractor, who meets specified requirements, is not an officer for purposes of being subject to the prohibition on being financially interested in a contract. The bill would authorize a public agency to enter into a contract with an independent contractor who is an officer for a later phase of the same project if the independent contractor did not engage in or advise on, as specified, the making of the subsequent contract. This bill would establish that a person who acts in good faith reliance on these provisions is not in violation of the above-described conflict-of-interest prohibitions and would prohibit them from being subject to criminal, civil, or administrative enforcement under those prohibitions if the initial contract includes specified language and the independent contractor is not in breach of those terms. The bill would provide that it is a complete defense in any criminal, civil, or administrative proceeding if the person acts in good faith reliance on these provisions, and meets specified conditions, but fails to include the specified language in the initial contract.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 263, Statutes of 2023.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 2821.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 19 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2139.).
Read second time. Ordered to Consent Calendar.
From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 6). Re-referred to Com. on APPR.
Read second time and amended. Re-referred to Com. on RLS.
From committee: Amend, and do pass as amended and re-refer to Com. on RLS. (Ayes 7. Noes 0.) (June 6).
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.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 1522.)
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 3).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 19). Re-referred to Com. on APPR.
In committee: Set, first hearing. Hearing canceled at the request of author.
From printer. May be heard in committee March 2.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB334 | HTML |
| 01/30/23 - Introduced | |
| 05/30/23 - Amended Senate | |
| 06/07/23 - Amended Senate | |
| 08/29/23 - Enrolled | |
| 09/30/23 - Chaptered |
| Document | Format |
|---|---|
| 04/17/23- Assembly Elections | |
| 05/01/23- Assembly Appropriations | |
| 06/02/23- Senate Elections and Constitutional Amendments | |
| 07/03/23- Senate Judiciary | |
| 08/16/23- Sen. Floor Analyses | |
| 08/18/23- ASSEMBLY FLOOR ANALYSIS |
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