AMENDED IN ASSEMBLY MAY 2, 2024

AMENDED IN ASSEMBLY APRIL 1, 2024

AMENDED IN ASSEMBLY MARCH 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

94

CHAPTER 251

Statutes of 2024

[ Approved by Governor September 14, 2024. Filed with Secretary of State September 14, 2024. ]

Introduced by Assembly Members Quirk-Silva and Valencia

February 16, 2024

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

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

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 excepts the remote interest if it is 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 authorizes, approves, or ratifies 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.

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.