BILL NUMBER: AB 1728 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2014
INTRODUCED BY Assembly Member Garcia
FEBRUARY 14, 2014
An act to amend Section 84308 of the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1728, as amended, Garcia. Political Reform Act of 1974.
(1) The Political Reform Act of 1974 prohibits an officer of an
agency from accepting, soliciting, or directing a contribution of
more than $250 from any party, or his or her agent, or from any
participant, or his or her agent, while a proceeding involving a
license, permit, or other entitlement for use is pending before the
agency and for 3 months following the date a final decision is
rendered in the proceeding, if the officer knows or has reason to
know that the participant has a financial interest, as defined. The
act also requires an officer to disclose on the record a contribution
of more than $250 from a party or participant received within the 12
months preceding a decision in a proceeding and would prohibit the
official from making, participating in making, or otherwise using his
or her official position to influence a decision in a proceeding in
which the official knows or has reason to know that the party or
participant has a financial interest in the decision.
The act defines an "agency," for these purposes, to mean any state
or local government agency, except certain entities, including local
governmental agencies whose members are directly elected by the
voters. The act defines a "participant," for these purposes,
as a 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. The act defines a "license, permit, or other
entitlement for use," for these purposes, to include, among other
things, all contracts except competitively bid, labor, or personal
employment contracts.
This bill would revise the definition of "agency" to include a
local government agency formed pursuant to provisions of the Water
Code. The bill would revise the definition of "license, permit, or
other entitlement for use" with respect to proceedings before a local
government agency formed pursuant to the Water Code to apply to all
contracts that are not competitively bid. The bill would
deem the financial interests of a person who compensates a
participant to actively support or oppose a particular decision in a
proceeding on his or her behalf to also be a financial interest of
the participant.
(2) Violations of the act are punishable as a misdemeanor. By
expanding the scope of an existing crime, this bill imposes a
state-mandated local program.
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.
(3) 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 and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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 he or
she 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.
(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, local governmental agencies whose members are
directly elected by the voters except local government agencies
formed pursuant to provisions of the Water Code, 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), and all franchises.
For purposes of proceedings before an agency formed pursuant to
provisions of the Water Code, "license, permit, or other entitlement
for use" applies to all contracts except contracts that are
competitively bid.
(6) "Contribution" includes contributions to candidates and
committees in federal, state, or local elections.
(b) No officer of an agency shall accept, solicit, or direct a
contribution of more than two hundred fifty dollars ($250) from any
party, or his or her agent, or from any participant, or his or her
agent, while a proceeding involving a license, permit, or other
entitlement for use is pending before the agency and for three months
following the date a final decision is rendered in the proceeding 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 for himself or herself, or on behalf of any other
officer, or on behalf of any candidate for office or on behalf of any
committee.
(c) Prior to rendering any decision in a proceeding involving a
license, permit , or other entitlement for use pending
before an agency, each officer of the agency who received a
contribution within the preceding 12 months in an amount of more than
two hundred fifty dollars ($250) from a party or from any
participant shall disclose that fact on the record of the proceeding.
No officer of an agency shall make, participate in making, or in any
way attempt to use his or her official position to influence the
decision in a proceeding involving a license, permit, or other
entitlement for use pending before the agency if the officer has
willfully or knowingly received a contribution in an amount of more
than two hundred fifty dollars ($250) within the preceding 12 months
from a party or his or her agent, or from any participant, or his or
her 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.
If an officer receives a contribution which would otherwise
require disqualification under this section, returns the contribution
within 30 days from the time he or she knows, or should have known,
about the contribution and the proceeding involving a license,
permit, or other entitlement for use, he or she shall be permitted to
participate in the proceeding.
(d) 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 two hundred
fifty dollars ($250) made within the preceding 12 months by the
party, or his or her agent, to any officer of the agency. No party,
or his or her agent, to a proceeding involving a license, permit, or
other entitlement for use pending before any agency and no
participant, or his or her agent, in the proceeding shall make a
contribution of more than two hundred fifty dollars ($250) to any
officer of that agency during the proceeding and for three months
following the date a final decision is rendered by the agency in the
proceeding. 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
subdivisions (b), (c), and this subdivision.
(e) For purposes of this section, a financial interest as
described, with respect to public officials, in Article 1(commencing
with Section 87100) of Chapter 7 of a person on whose behalf a
participant receives compensation to actively support or oppose a
particular decision in a proceeding is deemed to be a financial
interest of the participant.
(f)
(e) Nothing in this section shall be construed to imply
that any contribution subject to being reported under this title
shall not be so reported.
SEC. 2. 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.
SEC. 3. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.