Van De Kamp, 030884 CAAGO, AGO 83-309

Docket Nº:AGO 83-309
Case Date:March 08, 1984
Court:California
 
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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...

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