Government Code Section 1091

Compiled ,May 2014

Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill):

Prior History:
•  Former uncodified § 2 of 1851, c. 136
•  Former Political Code § 921, as added in 1872; amended 1933, c. 270
Current:
Added: 1943, c. 134
Amended:
•  1951, c. 1553: substituted “judicial district” for “township”.1953, c. 1081:
•  1953, c. 1081: rewrote this section
•  1955, c. 1325: rewrote this section
•  1957, c. 1499: rewrote this section
•  1959, c. 427: rewrote subdivision (b)
•  1963, c. 906: in par. (2) of subdivision (b), twice inserted “or agent” and added the undesignated paragraph relating to computation of time of employment; and added par. (7) of subdivision (b), relating to suppliers of goods or services.
•  1963, c. 1950: double-joined with c. 906: in par. (2) of subdivision (b), twice inserted “or agent” and added the undesignated paragraph relating to computation of time of employment; and added par. (7) of subdivision (b), relating to suppliers of goods or services.
•  1968, c. 525: added “or the supplying of water” at the end of subdivision (b)(6).
•  1969, c. 825: inserted subdivision (b)(8) relating to persons subject to § 1090
•  1970, c. 226: inserted subdivision (b)(9) relating to bank officers, directors or employees
•  1973, c. 459: inserted the words “member or” preceding “officer” in subdivision (b)(1).
•  1977, c. 706: in subdivision (b)(1) deleted “member or” from the phrase which read “nonsalaried member or officer”.
•  1980, c. 110: substituted throughout the section “the officer” and “his or her” for “he” and “his”; substituted in the first sentence of subdivision (a) “body of the board” for “body or board”; inserted at the end of the introduction to subdivision (b) following “means” the words “any of the following”; added the exception at the end of subdivision (b)(1); and substituted in three places in the second paragraph of subdivision (b)(2) the word “paragraph” for “subsection”.
•  1982, c. 451: inserted subdivision (b)(10) relating to engineers, geologists or architects.
•  1984, c. 113: substituted “an officer or employee” for “a nonsalaried officer” in subdivision (b)(1); and rewrote subdivision (b)(5), which read: “That of an attorney of the contracting party”.
•  1987, c. 847: in subdivision (b), inserted pars. (3) and (12) relating to certain employees or agents of the contracting party and certain elected officers, respectively; redesignated former pars. (3) to (10) as (4) to (11); and made nonsubstantive changes throughout the section.
•  1990, c. 565: in subdivision (b)(1), added “or that of an employee of an educational institution or agency”; and added subdivision (b)(13), relating to elected directors of water districts.
•  1990, c. 1593: double-joined with c. 565: in subdivision (b)(1), added “or that of an employee of an educational institution or agency”; and added subdivision (b)(13), relating to elected directors of water districts.
•  1991, c. 341: in par. (1) of subdivision (b), deleted “, or that of an employee of an educational institution or agency”; and deleted par. (13) of subdivision (b), which read, “That of an elected officer otherwise subject to Section 1090 who is also an elected director of a water replenishment district.”
•  1991, c. 1176: double-joined with c. 341: in par. (1) of subdivision (b), deleted “, or that of an employee of an educational institution or agency”; and deleted par. (13) of subdivision (b), which read, “That of an elected officer otherwise subject to Section 1090 who is also an elected director of a water replenishment district.”
•  1996, c. 1133: in subdivision (b)(6), added “and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm”; and, in subdivision (b)(10), substituted “Except as provided in subdivision (b) of Section 1091.5, that of a director of or person having an ownership interest of 10 percent or more in” for “That of an officer, director, or employee of” and substituted “a relationship” for “the relationship” following “party to the contract has”.
•  1998, c. 687: inserted at the end of subdivision (b)(2) “and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party.”
•  1999, c. 349: in subdivision (a), substituted “body or board” for “body of board”, and inserted subdivision (b)(13), relating to persons receiving salary, per diem, or reimbursement from a government entity.
•  2003, c. 701: in subdivision (b)(6), made a nonsubstantive change; and added par. (14) to subdivision (b).
•  2004, c. 16: in subdivision (b)(1), inserted “entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) or a nonprofit”
•  2008, c. 163: added subdivision (b)(15); and made other nonsubstantive changes.
•  2009, c. 488: added subdivision (b)(16).
•  2013, c. 360: in subdivision (b)(1), inserted “pursuant to Section 501(c)(5) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(5)),”.

33 bills affected this section.                          

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