BILL NUMBER: SB 884 CHAPTERED 10/13/07 CHAPTER 663 FILED WITH SECRETARY OF STATE OCTOBER 13, 2007 APPROVED BY GOVERNOR OCTOBER 13, 2007 PASSED THE SENATE SEPTEMBER 4, 2007 PASSED THE ASSEMBLY AUGUST 30, 2007 AMENDED IN ASSEMBLY JULY 11, 2007 AMENDED IN ASSEMBLY JUNE 27, 2007 AMENDED IN SENATE MAY 15, 2007 AMENDED IN SENATE APRIL 30, 2007 AMENDED IN SENATE APRIL 18, 2007 AMENDED IN SENATE APRIL 9, 2007 INTRODUCED BY Senator Lowenthal (Coauthor: Assembly Member Nava) FEBRUARY 23, 2007 An act to add Sections 30327.5 and 30327.6 to the Public Resources Code, relating to coastal resources. LEGISLATIVE COUNSEL'S DIGEST SB 884, Lowenthal. California Coastal Commission: gift or gratuity. The California Coastal Act of 1976 prohibits a commission member or alternate from making, participating in making, or in any other way attempting to use his or her official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication, and which has not been reported as required by the act. This bill would prohibit an interested person, as defined, from giving, conveying, or making available gifts, as defined, aggregating more than $10 in a calendar month to a commissioner or a member of the commission's staff. A commissioner or member of the commission's staff would be prohibited from accepting gifts aggregating more than $10 in a calendar month from an interested person. A commissioner, member of the commission's staff, or interested person who violates this prohibition, in addition to any other applicable penalty, would be subject to a civil fine, not to exceed $500 for each violation. A person who for compensation attempts to influence or affect the outcome of a commission decision or action and who violates this prohibition, in addition to any other applicable penalty, may be barred from any activity seeking to influence or affect the outcome of a commission decision or action for up to one year from the date of the finding of the violation. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 30327.5 is added to the Public Resources Code, to read: 30327.5. (a) An interested person shall not give, convey, or make available gifts aggregating more than ten dollars ($10) in a calendar month to a commissioner or a member of the commission's staff. (b) A commissioner or member of the commission's staff shall not accept gifts aggregating more than ten dollars ($10) in a calendar month from an interested person. (c) For the purposes of this section, "interested person" shall have the same meaning as the term is defined in Section 30323. (d) For the purposes of this section, "gift" means, except as provided in subdivision (e), any payment, as defined in Section 82044 of the Government Code, that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value. (e) For the purposes of this section, "gift" does not include any of the following: (1) A gift which is not used and which, within 30 days after receipt, is either returned to the donor or delivered to a nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code without being claimed as a charitable contribution for tax purposes. (2) A gift from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person. However, a gift from any such person shall be considered a gift if the donor is acting as an agent or intermediary for any person not covered in this paragraph. (3) A cost associated with the provision of evidentiary material provided to the commission and its staff. (4) An educational or training activity that has received prior approval from the commission. (5) A field trip or site inspection that is made available on equal terms and conditions to all commissioners and appropriate staff. (6) A reception or purely social event that is not offered in connection with or is not intended to influence a decision or action of the commission and that is open to all commissioners, members of the staff, and members of the public and press. SEC. 2. Section 30327.6 is added to the Public Resources Code, to read: 30327.6. (a) (1) Except as provided in paragraph (2), a person who for compensation attempts to influence or affect the outcome of a commission decision or action and who violates Section 30327.5 may, in addition to any other applicable penalty, be barred from any activity seeking to influence or affect the outcome of a commission decision or action for a period of up to one year from the date of the finding of the violation. Each violation shall be grounds for the person being barred from any activity seeking to influence or affect a commission decision or action for an additional year from the date of conviction. (2) Nothing in this section shall be construed to prohibit an individual from representing himself or herself in seeking to influence or affect the outcome of a commission decision or action if that individual is acting solely on his or her own personal behalf and not on the behalf of any other person or entity. (b) A person who violates Section 30327.5 shall, in addition to any other applicable penalty, be subject to a civil fine not to exceed five hundred dollars ($500) for each violation.