BILL ANALYSIS Ó
SB 816
Page 1
Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 816
(Hill) - As Amended August 8, 2016
-----------------------------------------------------------------
|Policy |Elections and Redistricting |Vote:|4 - 2 |
|Committee: | | | |
| | | | |
| | | | |
-----------------------------------------------------------------
Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill requires the Board of Equalization (BOE), by January
1, 2018, to analyze and report on the impact on the board and on
contributors to the board of lowering, from $250 to $100, the
campaign contribution threshold that triggers conflict of
interest requirements for members of the under the Quentin L.
Kopp Conflict of Interest Act of 1990 (Kopp Act).
FISCAL EFFECT:
SB 816
Page 2
Minor one-time costs to the board to analyze and prepare the
report.
COMMENTS:
1)The Kopp Act (named for former Senator Quentin Kopp) prohibits
a member of the BOE from participating in an adjudicatory
proceeding if the member knows, or has reason to know, that he
or she received contributions totaling $250 or more in the 12
months prior to the proceeding from a party, participant, or
agent of a party or participant, as specified. Members are
permitted to participate in the decision, however, if they
return the contribution within a specified time period. The
argument for enacting the Kopp Act was that the BOE should be
subject to rules similar to those that applied to appointed
boards and commissions (under the Levine Act) because of the
BOE's quasi-judicial role as the appellate body for state tax
appeals. Unlike the Levine Act, the Kopp Act is not part of
the PRA, and is neither administered nor enforced by the FPPC.
2)Purpose. Prior to the most recent amendments, this bill
reduced the Kopp Act threshold from $250 to $100, thus
matching the minimum contribution amount that is reportable
under the state's campaign finance laws. The amendments
instead require the board to assess the potential impact of
such a change.
3)Related Legislation. AB 1828 (Dodd), which eliminated the $250
Kopp Act threshold and expanded the conflict of interest
provisions to apply to contributions made in the three months
after a proceeding before the BOE and to include behested
payments aggregating $5,000 or more, was held on this
committee's Suspense file in May.
SB 816
Page 3
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081