BILL ANALYSIS                                                                                                                                                                                                    



                                                                     SB 816  


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          Date of Hearing:  August 10, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 816  
          (Hill) - As Amended August 8, 2016


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          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:










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          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.










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          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081