Bill Text: CA SB1035 | 2015-2016 | Regular Session | Amended
Bill Title: Transportation network companies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB1035 Detail]
Download: California-2015-SB1035-Amended.html
BILL NUMBER: SB 1035 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2016
INTRODUCED BY Senator Hueso
FEBRUARY 12, 2016
An act to amend Sections 910.4 and 910.5 of
5387, 5417.5, and 5436 of, and to add Sections 5431.3, 5436.3,
5445, 5446, and 5447 to, the Public Utilities Code, and
to amend Section 14602.9 of the Vehi cle Code,
relating to the Public Utilities Commission.
transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1035, as amended, Hueso. Public Utilities Commission:
reports. Transportation network companies.
(1) The Passenger Charter-party Carriers' Act, with certain
exceptions, prohibits a charter-party carrier of passengers from
engaging in transportation services subject to regulation by the
Public Utilities Commission without obtaining a specified certificate
or permit, as appropriate, from the commission and imposes various
other requirements. The act defines a transportation network company
as an organization, whether a corporation, partnership, sole
proprietor, or other form, operating in California that provides
prearranged transportation services for compensation using an
online-enabled platform to connect passengers with drivers using
their personal vehicles. A transportation network company is subject
to regulation by the Public Utilities Commission, which requires,
among other things, a criminal background check of each participating
driver. A transportation network company is also required to have a
specified certificate or permit, as appropriate, from the commission,
and is subject to various other requirements. A violation of the act
is generally a misdemeanor.
This bill would authorize the commission to fix the rates and
establish rules for transportation network companies, prohibit
discrimination, and award reparation for the exaction of
unreasonable, excessive, or discriminatory charges by a
transportation network company.
This bill would require the commission, in consultation with the
Department of the California Highway Patrol and with the United
States Department of Justice and local law enforcement agencies if
they choose to participate, to study specified background check
measures and to adopt a background check measure as a condition to
participate as a driver of a transportation network company if it
determines that the measure would enhance public safety.
Because a violation of these provisions would be a crime, the bill
would impose a state-mandated local program.
(2) Existing law imposes specified requirements for liability
insurance coverage on transportation network companies and their
participating drivers. Existing law requires the commission and the
Department of Insurance to collaborate on a study of transportation
network company insurance, as specified, and to report the findings
of the study to the Legislature no later than December 31, 2017.
This bill would require the study to contain additional
information regarding transportation network company insurance. The
bill would also require the commission to study accessability issues
for disabled populations with regard to transportation network
companies and to report the findings of the study to the Legislature
no later than December 31, 2017.
(3) Existing law authorizes the commission to inspect the
accounts, books, papers, and documents of a charter-party carrier of
passengers.
This bill would authorize the commission to collect any necessary
data from a transportation network company. The bill would also
require the commission to commence a proceeding to determine how data
collected from a transportation network company can best be shared
with local planning agencies and other local governments for purposes
of transportation and environmental planning.
(4) Existing law authorizes peace officers to enforce and assist
in the enforcement of specified criminal violations of the Passenger
Charter-party Carriers' Act with respect to charter-party carriers of
passengers. Existing law requires the commission to coordinate
enforcement of the act with peace officers through educational
outreach and establishing lines of communication so that the
commission is notified if an action is commenced so that the
commission may take appropriate action to enforce the fine and
penalty provisions of the act.
This bill would authorize peace officers to enforce and assist in
the enforcement of specified criminal violations of the Passenger
Charter-party Carriers' Act and rules adopted by the commission with
respect to transportation network companies.
(5) The Passenger Charter-party Carriers' Act authorizes a peace
officer to impound a bus or limousine of a charter-party carrier of
passengers for 30 days if the officer determines that (A) the driver
was operating the bus or limousine when the carrier did not have a
permit or certificate issued by the commission or the carrier's
permit or certificate was suspended, or (B) the driver was operating
the bus or limousine without having a current and valid driver's
license of the proper class, a passenger vehicle endorsement, or the
required certificate. A provision of the Vehicle Code also authorizes
a peace officer to impound a bus or limousine of a charter-party
carrier of passengers for 30 days if the officer makes any of the
determinations described above. Existing law provides that both of
these provisions do not authorize the impoundment of privately owned
personal vehicles that are not common carriers nor the impoundment of
vehicles used in transportation for compensation by charter-party
carriers that are not required to carry individual permits.
This bill would authorize a peace officer to impound any vehicle
of a charter-party carrier of passengers for 30 days in those
circumstances and would delete the limitation on the impoundment of
the above described vehicles. The bill would revise the Vehicle Code
provision in the same manner.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The California Constitution establishes the Public Utilities
Commission, with jurisdiction over all public utilities. The
California Constitution grants the commission certain general powers
over all public utilities, subject to control by the Legislature, and
authorizes the Legislature to confer additional authority and
jurisdiction upon the commission that is cognate and germane to the
regulation of public utilities.
Existing law requires the commission, by January 10 of each year,
to report to the Joint Legislative Budget Committee and appropriate
fiscal and policy committees of the Legislature on all sources and
amounts of funding and actual and proposed expenditures related to
specified entities or programs established by the commission and
related to interactions by the commission, its officers, or its staff
with the California Public Utilities Commission Foundation.
This bill would instead require that the commission report the
above-described information by February 1 of each year.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5387 of the Public
Utilities Code is amended to read:
5387. (a) It is unlawful for the owner of a charter-party carrier
of passengers to permit the operation of a vehicle upon a public
highway for compensation without (1) having obtained from the
commission a certificate or permit pursuant to this chapter, (2)
having complied with the vehicle identification requirements of
Section 5385, and (3) having complied with the accident liability
protection requirements of Section 5391.
(b) A person who drives a bus for a charter-party carrier without
having a current and valid driver's license of the proper class, a
passenger vehicle endorsement, or the required certificate shall be
suspended from driving a bus of any kind, including, but not limited
to, a bus, schoolbus, school pupil activity bus, or transit bus, with
passengers for a period of five years pursuant to Section 13369 of
the Vehicle Code.
(c) (1) A charter-party carrier shall have its authority to
operate as a charter-party carrier permanently revoked by the
commission or be permanently barred from receiving a permit or
certificate from the commission if it commits any of the following
acts:
(A) Operates a bus without having been issued a permit or
certificate from the commission.
(B) Operates a bus with a permit that was suspended by the
commission pursuant to Section 5378.5.
(C) Commits three or more liability insurance violations within a
two-year period for which it has been cited.
(D) Operates a bus with a permit that was suspended by the
commission during a period that the charter-party carrier's liability
insurance lapsed for which it has been cited.
(E) Knowingly employs a busdriver who does not have a current and
valid driver's license of the proper class, a passenger vehicle
endorsement, or the required certificate to drive a bus.
(F) Has one or more buses improperly registered with the
Department of Motor Vehicles.
(2) The commission shall not issue a new permit or certificate to
operate as a charter-party carrier if any officer, director, or owner
of that charter-party carrier was an officer, director, or owner of
a charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or that
was permanently barred from receiving a permit or certificate from
the commission pursuant to this subdivision.
(d) A peace officer, as designated pursuant to Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may impound a bus or limousine vehicle
of a charter-party carrier of passengers for 30 days pursuant to
Section 14602.9 of the Vehicle Code if the peace officer determines
that any of the following violations occurred while the driver was
operating the bus or limousine vehicle
of the charter-party carrier:
(1) The driver was operating the bus or limousine
vehicle of a charter-party carrier of passengers
when the charter-party carrier of passengers did not have a permit
or certificate issued by the commission.
(2) The driver was operating the bus or limousine
vehicle of a charter-party carrier of passengers
when the charter-party carrier of passengers was operating with a
suspended permit or certificate from the commission.
(3) The driver was operating the bus or limousine
vehicle of a charter-party carrier of passengers
without having a current and valid driver's license of the proper
class, a passenger vehicle endorsement, or the required certificate.
(e) This section does not authorize the impoundment of privately
owned personal vehicles that are not common carriers nor the
impoundment of vehicles used in transportation for compensation by
charter-party carriers of passengers that are not required to carry
individual permits.
SEC. 2. Section 5417.5 of the Public
Utilities Code is amended to read:
5417.5. (a) The commission shall ensure that this chapter is
enforced and obeyed, and that violations thereof are promptly
prosecuted and that penalty moneys due to the state are recovered and
collected, and to this end it may sue in the name of the people of
the State of California. Upon the request of the commission, the
Attorney General or the district attorney of the proper county or
city and county may aid in any investigation, hearing, or trial under
this chapter. The Attorney General, a district attorney of the
proper county or city and county, or a city attorney may institute
and prosecute actions or proceedings for the violation of any law
committed in connection with, or arising from, a transaction
involving a charter-party carrier of passengers.
(b) For purposes of this section, "peace officer" means a person
designated as a peace officer pursuant to Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code.
(c) A peace officer may enforce and assist in the enforcement of
Sections 5411 and 5412 resulting from a violation of Section 5371,
5379, 5385, 5385.7, or 5387, 5387, or 5442
or more than one of those sections. A peace officer may
additionally enforce and assist in the enforcement of Sections 5411.3
and 5414.5. A peace officer may additionally enforce and assist
in the enforcement of the rules for transportation network companies
adopted by the commission . In any case in which an
arrest authorized by this subdivision is made for an offense
declared to be a misdemeanor, and the person arrested does not demand
to be taken before a magistrate, the arresting peace officer may,
instead of taking such person before a magistrate, follow the
procedure prescribed by Chapter 5C (commencing with Section 853.5) of
Title 3 of Part 2 of the Penal Code. The provisions of that chapter
shall thereafter apply with reference to any proceeding based upon
the issuance of a citation pursuant to this authority.
(d) The commission shall coordinate enforcement of this section
with those peace officers likely to be involved in enforcing this
section, including undertaking both of the following:
(1) Educational outreach to promote awareness among those peace
officers about the requirements of Sections 5371, 5379, 5385, 5385.7,
5387, 5411, 5411.3, 5412, and 5414.5.
5414.5, 5442, and the rules for transportation network companies
adopted by the commission .
(2) Establishing lines of communication so that the commission is
notified if an action is commenced to enforce the requirements of
those sections specified in subdivision (c), so that the commission
may take appropriate action to enforce the fine and penalty
provisions of this article.
(e) The Attorney General, a district attorney of the proper county
or city and county, or a city attorney may institute and prosecute
actions or proceedings for the violation of any law committed in
connection with, or arising from, a transaction involving the
transportation of passengers by a charter-party carrier of
passengers.
SEC. 3. Section 5431.3 is added to the
Public Utilities Code , to read:
5431.3. The commission may fix the rates and establish rules for
transportation network companies, prohibit discrimination, and award
reparation for the exaction of unreasonable, excessive, or
discriminatory charges by a transportation network company.
SEC. 4. Section 5436 of the Public
Utilities Code is amended to read:
5436. The commission and the Department of Insurance shall
collaborate on a study of transportation network company insurance to
assess whether coverage requirements are appropriate to the risk of
transportation network company services in order to promote
data-driven decisions on insurance requirements, and shall report the
findings of this study to the Legislature no later than December 31,
2017. The study shall also include information regarding
insurance products available to satisfy the requirements of this
article, the level of subscription for insurance required pursuant to
this article among participating drivers and transportation network
companies, and the number of claims filed with insurers for accidents
involving participating drivers, including the number
disputed claims.
SEC. 5. Section 5436.3 is added to the
Public Utilities Code , to read:
5436.3. (a) The commission shall study accessibility issues for
disabled populations with regard to transportation network companies.
(b) The commission shall report the findings of this study to the
Legislature no later than December 31, 2017.
SEC. 6. Section 5445 is added to the
Public Utilities Code , to read:
5445. (a) The commission, in consultation with the Department of
the California Highway Patrol and with the United States Department
of Justice and local law enforcement agencies if they choose to
participate, shall study background check measures described in
subdivision (b) to determine whether requiring the fulfillment of any
of the measures as a condition to participate as a driver of a
transportation network company would enhance public safety by
capturing records of any criminal offense, including any sexual
offense, or any act of fraud.
(b) The commission shall study all of the following background
check measures:
(1) The United States Department of Justice background check.
(2) Using biometric data.
(3) Background check measures that search the name of a potential
driver in commercially available databases.
(c) If the commission determines that the fulfillment of any of
the background check measures described in subdivision (b) would
enhance public safety, the commission shall adopt that measure as a
condition to participate as a driver of a transportation network
company.
SEC. 7. Section 5446 is added to the
Public Utilities Code , to read:
5446. (a) The commission may collect any necessary data from a
transportation network company.
(b) The commission shall commence a proceeding to determine how
data collected from a transportation network company can best be
shared with local planning agencies and other local governments for
purposes of transportation and environmental planning.
SEC. 8. Section 5447 is added to the
Public Utilities Code , to read:
5447. In order to facilitate enforcement by peace officers
pursuant to Section 5417.5, the commission shall adopt a general
order containing its rules for transportation network companies.
SEC. 9. Section 14602.9 of the Vehicle
Code is amended to read:
14602.9. (a) For purposes of this section, "peace officer" means
a person designated as a peace officer pursuant to Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(b) A peace officer may impound a bus or limousine
vehicle of a charter-party carrier for 30 days
if the officer determines that any of the following violations
occurred while the driver was operating the bus or limousine
vehicle of the charter-party carrier:
(1) The driver was operating the bus or limousine
vehicle of a charter-party carrier when the
charter-party carrier did not have a permit or certificate issued by
the Public Utilities Commission, pursuant to Section 5375 of the
Public Utilities Code.
(2) The driver was operating the bus or limousine
vehicle of a charter-party carrier when the
charter-party carrier was operating with a suspended permit or
certificate from the Public Utilities Commission.
(3) The driver was operating the bus or limousine
vehicle of a charter-party carrier without
having a current and valid driver's license of the proper class, a
passenger vehicle endorsement, or the required certificate.
(c) A peace officer may impound a bus or limousine belonging to a
passenger stage corporation for 30 days if the officer determines any
of the following violations occurred while the driver was operating
the bus or limousine:
(1) The driver was operating the bus or limousine when the
passenger stage corporation did not have a certificate of public
convenience and necessity issued by the Public Utilities Commission
as required pursuant to Article 2 (commencing with Section 1031) of
Chapter 5 of Part 1 of Division 1 of the Public Utilities Code.
(2) The driver was operating the bus or limousine when the
operating rights or certificate of public convenience and necessity
of a passenger stage corporation was suspended, canceled, or revoked
pursuant to Section 1033.5, 1033.7, or 1045 of the Public Utilities
Code.
(3) The driver was operating the bus or limousine without having a
current and valid driver's license of the proper class.
(d) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle has been
impounded. Failure to notify the legal owner within two working days
shall prohibit the impounding agency from charging for more than 15
day's impoundment when the legal owner redeems the impounded vehicle.
The impounding agency shall maintain a published telephone number
that provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
(e) The registered and legal owner of a vehicle that is removed
and seized under subdivision (b) or (c) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.
(f) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When, for a charter-party carrier of passengers, the driver of
the vehicle is not the sole registered owner of the vehicle and the
vehicle is being released to another registered owner of the vehicle
who agrees not to allow the driver to use the vehicle until after the
end of the impoundment period and the charter-party carrier has been
issued a valid permit from the Public Utilities Commission, pursuant
to Section 5375 of the Public Utilities Code.
(D) When, for a passenger stage corporation, the driver of the
vehicle is not the sole registered owner of the vehicle and the
vehicle is being released to another registered owner of the vehicle
who agrees not to allow the driver to use the vehicle until after the
end of the impoundment period and the passenger stage corporation
has been issued a valid certificate of public convenience and
necessity by the Public Utilities Commission, pursuant to Article 2
(commencing with Section 1031) of Chapter 5 of Part 1 of Division 1
of the Public Utilities Code.
(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(g) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(h) A vehicle removed and seized under subdivision (b) or (c)
shall be released to the legal owner of the vehicle or the legal
owner's agent prior to the end of the impoundment period if all of
the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent, any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(3) (A) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or an affidavit of repossession for the
vehicle, and a security agreement or title showing proof of legal
ownership for the vehicle. All presented documents may be originals,
photocopies, or facsimile copies, or may be transmitted
electronically. The impounding agency shall not require a document to
be notarized. The impounding agency may require the agent of the
legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the impounding agency, that the agent is exempt from licensure
pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code.
(B) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county, or
state agency shall not require a legal owner or a legal owner's agent
to request a poststorage hearing as a requirement for release of the
vehicle to the legal owner or the legal owner's agent. The
impounding agency shall not require any documents other than those
specified in this paragraph. The impounding agency shall not require
any documents to be notarized.
(C) As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (b) of Section
7500.1 of the Business and Professions Code.
(i) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (h) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner, unless the registered owner is a rental car
agency, until after the termination of the impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner until the registered
owner or that owner's agent presents his or her valid driver's
license or valid temporary driver's license to the legal owner or the
legal owner's agent. The legal owner or the legal owner's agent
shall make every reasonable effort to ensure that the license
presented is valid.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(j) (1) A vehicle removed and seized under subdivision (b) or (c)
shall be released to a rental agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental agency shall not rent another vehicle to
the driver of the vehicle that was seized until the impoundment
period has expired.
(3) The rental agency may require the person to whom the vehicle
was rented to pay all towing and storage charges related to the
impoundment and any administrative charges authorized under Section
22850.5 that were incurred by the rental agency in connection with
obtaining custody of the vehicle.
(k) Notwithstanding any other provision of this section, the
registered owner, and not the legal owner, shall remain responsible
for any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(l) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent provided the release complies with this section.
(m) This section does not authorize the impoundment of privately
owned personal vehicles that are not common carriers nor the
impoundment of vehicles used in transportation for compensation by
charter-party carriers that are not required to carry individual
permits.
(n)
(m) For the purposes of this section, a "charter-party
carrier" means a charter-party carrier of passengers as defined by
Section 5360 of the Public Utilities Code.
(o)
(n) For purposes of this section, a "passenger stage
corporation" means a passenger stage corporation as defined by
Section 226 of the Public Utilities Code.
SEC. 10. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 910.4 of the Public
Utilities Code is amended to read:
910.4. By February 1 of each year, the commission shall report to
the Joint Legislative Budget Committee and appropriate fiscal and
policy committees of the Legislature, on all sources and amounts of
funding and actual and proposed expenditures, both in the two prior
fiscal years and for the proposed fiscal year, including any costs to
ratepayers, related to both of the following:
(a) Entities or programs established by the commission by order,
decision, motion, settlement, or other action, including, but not
limited to, the California Clean Energy Fund, the California Emerging
Technology Fund, and the Pacific Forest and Watershed Lands
Stewardship Council. The report shall contain descriptions of
relevant issues, including, but not limited to, all of the following:
(1) Any governance structure established for an entity or program.
(2) Any staff or employees hired by or for the entity or program
and their salaries and expenses.
(3) Any staff or employees transferred or loaned internally or
interdepartmentally for the entity or program and their salaries and
expenses.
(4) Any contracts entered into by the entity or program, the
funding sources for those contracts, and the legislative authority
under which the commission entered into the contract.
(5) The public process and oversight governing the entity or
program's activities.
(b) Entities or programs established by the commission, other than
those expressly authorized by statute, under the following sections:
(1) Section 379.6.
(2) Section 399.8.
(3) Section 739.1.
(4) Section 2790.
(5) Section 2851.
SEC. 2. Section 910.5 of the Public Utilities
Code is amended to read:
910.5. (a) By February 1 of each year, the commission shall
report to the Joint Legislative Budget Committee and appropriate
fiscal and policy committees of the Legislature, on all sources and
amounts of funding and actual and proposed expenditures, both in the
two prior fiscal years and for the proposed fiscal year, including
any costs to ratepayers, related to interactions by the commission,
its officers, or its staff with the California Public Utilities
Commission Foundation, or any derivative, or successor, or with any
agent or director of the foundation, including all of the following:
(1) Attendance at meetings, conferences, or events organized or
sponsored by the foundation.
(2) Any contract or other agreement between the commission, its
officers, or its staff and the foundation, including agreements
relating to attendance at any educational or training conference or
event.
(3) Any agenda item, order, decision, resolution, or motion,
referencing the foundation.
(4) Endorsements of the foundation or its activities.
(5) Any contribution made to the foundation at the behest of a
member of the commission, its officers, or its staff, and any direct
or indirect contribution made to the foundation by a member of the
commission, its officers, or its staff. For purposes of this
paragraph, "contribution" means any payment, a forgiveness of a loan,
a payment of a loan by a third party, or an enforceable promise to
make a payment, except to the extent that full and adequate
consideration is received.
(b) (1) Within eight weeks of any contribution to the foundation
made at the behest of a member of the commission, its officers, or
its staff, the commission shall report the contribution to the Joint
Legislative Budget Committee and appropriate fiscal and policy
committees of the Legislature, and include any documents pertaining
to the contribution.
(2) Each report shall include certification from the
commission that the contribution does not violate the Conflict of
Interest Code and Statement of Incompatible Activities adopted
pursuant to Section 303.
