California 2023 2023-2024 Regular Session

California Assembly Bill AB3130 Amended / Bill

Filed 05/02/2024

                    Amended IN  Assembly  May 02, 2024 Amended IN  Assembly  April 01, 2024 Amended IN  Assembly  March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3130Introduced by Assembly Member Quirk-Silva Members Quirk-Silva and ValenciaFebruary 16, 2024An act to add Section 25043 to the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTAB 3130, as amended, Quirk-Silva. County board of supervisors: disclosure.Existing law prohibits certain public officials, including, but not limited to, state, county, or district 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, except as provided. A willful violation of these provisions is a crime.Existing law excepts from the above conflict-of-interest provisions certain remote interests, as described, including those of officers or employees of a nonprofit entity exempt from taxation or a nonprofit corporation, except as prescribed. Existing law requires a remote interest to be disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board to authorize, approve, or ratify the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest.This bill would require a member of the board of supervisors to disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25043 is added to the Government Code, to read:25043. (a) For purposes of this section, the following definitions apply:(1) Disclose means to have information announced in an open and public meeting and noted in the official records of the board of supervisors.(2) Family relationship means a relationship by blood, adoption, marriage, domestic partnership, or cohabitation.(3) Nonprofit entity means a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation.(b) A member of the board of supervisors shall disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.

 Amended IN  Assembly  May 02, 2024 Amended IN  Assembly  April 01, 2024 Amended IN  Assembly  March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3130Introduced by Assembly Member Quirk-Silva Members Quirk-Silva and ValenciaFebruary 16, 2024An act to add Section 25043 to the Government Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTAB 3130, as amended, Quirk-Silva. County board of supervisors: disclosure.Existing law prohibits certain public officials, including, but not limited to, state, county, or district 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, except as provided. A willful violation of these provisions is a crime.Existing law excepts from the above conflict-of-interest provisions certain remote interests, as described, including those of officers or employees of a nonprofit entity exempt from taxation or a nonprofit corporation, except as prescribed. Existing law requires a remote interest to be disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board to authorize, approve, or ratify the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest.This bill would require a member of the board of supervisors to disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  May 02, 2024 Amended IN  Assembly  April 01, 2024 Amended IN  Assembly  March 21, 2024

Amended IN  Assembly  May 02, 2024
Amended IN  Assembly  April 01, 2024
Amended IN  Assembly  March 21, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 3130

Introduced by Assembly Member Quirk-Silva Members Quirk-Silva and ValenciaFebruary 16, 2024

Introduced by Assembly Member Quirk-Silva Members Quirk-Silva and Valencia
February 16, 2024

An act to add Section 25043 to the Government Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 3130, as amended, Quirk-Silva. County board of supervisors: disclosure.

Existing law prohibits certain public officials, including, but not limited to, state, county, or district 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, except as provided. A willful violation of these provisions is a crime.Existing law excepts from the above conflict-of-interest provisions certain remote interests, as described, including those of officers or employees of a nonprofit entity exempt from taxation or a nonprofit corporation, except as prescribed. Existing law requires a remote interest to be disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board to authorize, approve, or ratify the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest.This bill would require a member of the board of supervisors to disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.

Existing law prohibits certain public officials, including, but not limited to, state, county, or district 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, except as provided. A willful violation of these provisions is a crime.

Existing law excepts from the above conflict-of-interest provisions certain remote interests, as described, including those of officers or employees of a nonprofit entity exempt from taxation or a nonprofit corporation, except as prescribed. Existing law requires a remote interest to be disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board to authorize, approve, or ratify the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest.

This bill would require a member of the board of supervisors to disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 25043 is added to the Government Code, to read:25043. (a) For purposes of this section, the following definitions apply:(1) Disclose means to have information announced in an open and public meeting and noted in the official records of the board of supervisors.(2) Family relationship means a relationship by blood, adoption, marriage, domestic partnership, or cohabitation.(3) Nonprofit entity means a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation.(b) A member of the board of supervisors shall disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 25043 is added to the Government Code, to read:25043. (a) For purposes of this section, the following definitions apply:(1) Disclose means to have information announced in an open and public meeting and noted in the official records of the board of supervisors.(2) Family relationship means a relationship by blood, adoption, marriage, domestic partnership, or cohabitation.(3) Nonprofit entity means a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation.(b) A member of the board of supervisors shall disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.

SECTION 1. Section 25043 is added to the Government Code, to read:

### SECTION 1.

25043. (a) For purposes of this section, the following definitions apply:(1) Disclose means to have information announced in an open and public meeting and noted in the official records of the board of supervisors.(2) Family relationship means a relationship by blood, adoption, marriage, domestic partnership, or cohabitation.(3) Nonprofit entity means a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation.(b) A member of the board of supervisors shall disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.

25043. (a) For purposes of this section, the following definitions apply:(1) Disclose means to have information announced in an open and public meeting and noted in the official records of the board of supervisors.(2) Family relationship means a relationship by blood, adoption, marriage, domestic partnership, or cohabitation.(3) Nonprofit entity means a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation.(b) A member of the board of supervisors shall disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.

25043. (a) For purposes of this section, the following definitions apply:(1) Disclose means to have information announced in an open and public meeting and noted in the official records of the board of supervisors.(2) Family relationship means a relationship by blood, adoption, marriage, domestic partnership, or cohabitation.(3) Nonprofit entity means a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation.(b) A member of the board of supervisors shall disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.



25043. (a) For purposes of this section, the following definitions apply:

(1) Disclose means to have information announced in an open and public meeting and noted in the official records of the board of supervisors.

(2) Family relationship means a relationship by blood, adoption, marriage, domestic partnership, or cohabitation.

(3) Nonprofit entity means a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)), pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)), or a nonprofit corporation.

(b) A member of the board of supervisors shall disclose a known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity.