Bill Text: CA SB1243 | 2023-2024 | Regular Session | Amended
Bill Title: Campaign contributions: agency officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-09 - Read second time. Ordered to third reading. [SB1243 Detail]
Download: California-2023-SB1243-Amended.html
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Amended
IN
Senate
May 08, 2024 |
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Amended
IN
Senate
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1243
| Introduced by Senator Dodd |
February 15, 2024 |
An act to amend Section 84308 of the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 1243, as amended, Dodd.
Campaign contributions: agency officers.
The Political Reform Act of 1974 prohibits certain contributions of more than $250 to an officer of an agency by any party, participant, or party or participant’s agent in a proceeding while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for 12 months following the date a final decision is rendered in the proceeding, as specified. The act requires disclosure on the record of the proceeding, as specified, of certain contributions of more than $250 within the preceding 12 months to an officer from a party or participant, or party’s agent. The act disqualifies an officer from participating in a decision in a proceeding if the officer has willfully or knowingly received a contribution of more than $250 from a party or a party’s agent, or a participant or a participant’s agent, as specified. The act allows an officer to cure certain
violations of these provisions by returning a contribution, or the portion of the contribution of in excess of $250, within 14 days of accepting, soliciting, or receiving the contribution, whichever comes latest.
This bill would raise the threshold for contributions regulated by these provisions to $1,000, as specified. The bill would limit the prohibition on contributions made during and after a proceeding to the 9 months before and after a final decision in a proceeding is made, and it would extend the period during which an officer may cure a violation to within 30 days of accepting, soliciting, or directing the contribution, whichever is latest. The bill would specify that a person is not a “participant” for the purposes of these provisions if their financial interest in a decision results solely from an increase or decrease in membership dues.
The bill would prohibit an agent of a party or participant from making any contribution to an officer during a proceeding and for 9 months after a final decision is made, and it would further clarify when a person is considered to be an agent for these purposes. The bill would exempt specified housing the periodic review of development projects from these provisions.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 84308 of the Government Code is amended to read:84308.
(a) The definitions set forth in this subdivision shall govern the interpretation of this section.(1) “Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.
(2) “Participant” means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports or opposes a particular decision in a proceeding if
that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency. A person is not a “participant” under this paragraph if their financial interest in the decision results solely from an increase or decrease in membership dues.
(3) “Agency” means an agency as defined in Section 82003 except that it does not include the courts or any agency in the judicial branch of government, the Legislature, the Board of Equalization, or constitutional officers. However, this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency.
(4) “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed
officer of an agency, and any candidate for elective office in an agency.
(5) “License, permit, or other entitlement for use” means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts) contracts or the periodic review of contracts, development agreements) and all franchises.
(6) “Contribution” includes contributions to candidates and committees in federal, state, or local elections.
(7) “Pending” in a proceeding involving a license, permit, or other entitlement for use means either of the following:
(A) For an officer, when any item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body.
(B) For a party or party’s agent, or a participant or participant’s agent, when an application is filed with an agency.
(b) Beginning 9 months before the date a final decision is rendered for While a proceeding involving a license, permit, or other entitlement for use, use is pending, and for 9 months following the date a final decision is rendered in the proceeding, an officer of an agency shall not accept,
solicit, or direct a contribution of more than one thousand dollars ($1,000) from any party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7. This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution on the officer’s own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. This subdivision does not apply before an application has been filed or a proceeding has otherwise commenced.
(c) Before rendering a final decision in a proceeding involving a
license, permit, or other entitlement for use, each officer of the agency who received a contribution within the preceding 9 months in an amount of more than one thousand dollars ($1,000) from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officer’s official position to influence the final decision in a proceeding involving a license, permit, or other entitlement for use if the officer has willfully or knowingly received a contribution in an amount of more than one thousand dollars ($1,000) within the preceding 9 months from a party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public
officials in Article 1 (commencing with Section 87100) of Chapter 7.
(d) (1) If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, the officer shall be permitted to participate in the proceeding.
(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than
one thousand dollars ($1,000) during the 9 months before or after the date the final decision is rendered in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of one thousand dollars ($1,000), within 30 days of accepting, soliciting, or directing the contribution, whichever comes latest.
(B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.
(C) An officer’s controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation
pursuant to this paragraph.
(e) (1) A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than one thousand dollars ($1,000) made within the preceding 9 months before the date that the final decision is rendered by the agency by the party or the party’s agent.
(2) A party, or agent to a party, party to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant,
participant in the proceeding shall not make a contribution of more than
one thousand dollars ($1,000) to any officer of that agency within 9 months before or after during the proceeding and for 9 months following the date the final decision is rendered by the agency in the proceeding. This paragraph does not apply before an application has been filed or a proceeding has otherwise commenced. An agent to a party or participant shall not make a contribution in any amount to an officer during the time periods described in this paragraph.
(3) When a closed
corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in this section.
(f) This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported.
(g) For the purposes of this section, in determining whether a contribution has exceeded one thousand dollars ($1,000), the contributions of an agent shall not be aggregated with contributions from a party or participant.
(h)This section does not apply to housing development projects that conform with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7.
(h) (1) A person is the “agent” of a party to, or a participant in, a pending proceeding involving a license, permit, or other entitlement for use only if the person represents that party or participant for compensation or otherwise communicates with agency for the purpose of influencing the proceeding on behalf of a party or participant.
(2) If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are “agents.”
(3) “Agent” includes a lobbyist registered with the local jurisdiction who otherwise meets the requirements of paragraph (1).
(4) “Communicate with the agency for the purpose of influencing the proceeding” does not include either of the following:
(A) Preparing drawings or submissions of an architectural, engineering, or similar nature for a client to submit in a proceeding before the agency if
both of the following conditions are met:
(i) The work is performed pursuant to the person’s profession.
(ii) The person does not make any contact with the agency other than contact with agency staff concerning the process or evaluation of the documents prepared by the person.
(B) Providing technical data or analysis to an agency if the person does not otherwise engage in direct communication for the purpose of influencing the proceeding.
