§ 87102.5

709 words·~3 min read·/ca/government-code/87102-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The remedies provided in Chapter 3 (commencing with Section 83100) apply to any Member of the Legislature who makes, participates in making, or in any way attempts to use the Member’s official position to influence any of the following governmental decisions in which the Member knows or has reason to know that the Member has a financial interest:

(1)Any state governmental decision, other than any action or decision before the Legislature, made in the course of the Member’s duties.

(2)Approval, modification, or cancellation of any contract to which either house or a committee of the Legislature is a party.

(3)Introduction as a lead author of any legislation that the Member knows or has reason to know is nongeneral legislation.

(4)Any vote in a legislative committee or subcommittee on what the Member knows or has reason to know is nongeneral legislation.

(5)Any rollcall vote on the Senate or Assembly floor on an item which the Member knows is nongeneral legislation.

(6)Any action or decision before the Legislature in which all of the following occur:

(A)The Member has received any salary, wages, commissions, or similar earned income within the preceding 12 months from a lobbyist employer.

(B)The Member knows or has reason to know the action or decision will have a direct and significant financial impact on the lobbyist employer.

(C)The action or decision will not have an impact on the public generally or a significant segment of the public in a similar manner.

(7)Any action or decision before the Legislature on legislation that the Member knows or has reason to know will have a direct and significant financial impact on any person, distinguishable from its impact on the public generally or a significant segment of the public, from whom the Member has received any compensation within the preceding 12 months for the purpose of appearing, agreeing to appear, or taking any other action on behalf of that person, before any local board or agency.

(b)For purposes of this section, all of the following apply:

(1)“Any action or decision before the Legislature” means any vote in a committee or subcommittee, or any rollcall vote on the floor of the Senate or Assembly.

(2)“Financial interest” means an interest as defined in Section 87103.

(3)“Legislation” means a bill, resolution, or constitutional amendment.

(4)“Nongeneral legislation” means legislation that is described in Section 87102.6 and is not of a general nature pursuant to Section 16 of Article IV of the Constitution.

(5)A Member of the Legislature has reason to know that an action or decision will have a direct and significant financial impact on a person with respect to which disqualification may be required pursuant to subdivision

(a)if either of the following apply:

(A)With the knowledge of the Member, the person has attempted to influence the vote of the Member with respect to the action or decision.

(B)Facts have been brought to the Member’s personal attention indicating that the action or decision will have a direct and significant impact on the person.

(6)The prohibitions specified in subdivision

(a)do not apply to a vote on the Budget Bill as a whole, or to a vote on a consent calendar, a motion for reconsideration, a waiver of any legislative rule, or any purely procedural matter.

(7)A Member of the Legislature has reason to know that legislation is nongeneral legislation if facts have been brought to the Member’s personal attention indicating that it is nongeneral legislation.

(8)Written advice given to a Member of the Legislature regarding the Member’s duties under this section by the Legislative Counsel shall have the same effect as advice given by the commission pursuant to subdivision

(b)of Section 83114 if both of the following apply:

(A)The Member has made the same written request based on the same material facts to the commission for advice pursuant to Section 83114 as to the Member’s duties under this section, as the written request and facts presented to the Legislative Counsel.

(B)The commission has not provided written advice pursuant to the Member’s request prior to the time the Member acts in good faith reliance on the advice of the Legislative Counsel.