JOHN K. VAN DE KAMP Attorney General
ANTHONY S. DA VIGO Deputy Attorney General
AGO 83-309
No. 83-309
California Attorney General Opinion
Office of the Attorney General State of California
March 8, 1984
THE
HONORABLE GRAY DAVIS, MEMBER OF THE ASSEMBLY, has requested
an opinion on the following question:
Does
article XII, section 7, of the California Constitution
prohibit a member of the California Legislature who is the
spouse of a flight attendant from accepting a free or
discounted air travel pass where such passes are offered to
spouses of all flight attendants?
CONCLUSION
Article
XII, section 7, of the California Constitution does not
prohibit a member of the California Legislature who is the
spouse of a flight attendant from accepting a free or
discounted air travel pass where such passes are offered on
the same conditions to spouses of all flight attendants.
ANALYSIS
California
Constitution, article XII, section 7, provides in pertinent
part that "[a] transportation company may not grant free
passes or discounts to anyone holding an office in this
state; and the acceptance of a pass or discount by a public
officer . . . shall work a forfeiture of that office."
This provision, formerly article XII, section 19, was adopted
at the Constitutional Convention in 1879. As adopted, and
prior to the general election of November 5, 1974, article
XII, section 19, provided:
"No
railroad or other transportation company shall grant free
passes, or passes or tickets at a discount, to any person
holding any office of honor, trust, or profit in this
State; and the acceptance of any such pass or ticket, by a
member of the Legislature or any public officer, other than
Railroad Commissioner, shall work a forfeiture of his
office."
Although
specific reference to "a member of the Legislature"
was deleted, no substantive change in meaning was intended.
(Cal. Const., art. XII, § 9.)
[1] It is clear, however, from
the Analysis by Legislative Analyst contained in the
California Voters Pamphlet that the legislative
constitutional amendment did effect the transfer from the
statutes to the Constitution of general authority for the
Public Utilities Commission to regulate all public utilities,
including airlines. Thus, an airline is a "system for
the transportation of people or property," and hence a
public...
