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