Amended in Senate May 3, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1190

Introduced by Senator Jackson

(Coauthor: Assembly Member Williams)

February 18, 2016

An act to amend begin delete Sections 30324 and 30327 end delete begin insert Section 30324 end insert of, and to add Section 30327.2 to, the Public Resources Code, relating to the California Coastal Commission.

LEGISLATIVE COUNSEL’S DIGEST

SB 1190, as amended, Jackson. California Coastal Commission: ex parte communications: staff communications.

The California Coastal Act of 1976, for purposes of the act, defines an “ex parte communication” as any oral or written communication between a member of the California Coastal Commission and an interested person, as defined, about a matter within the commission’s jurisdiction, as defined, that does not occur in a public hearing, workshop, or other official proceeding or on the official record of the proceeding on the matter, but excludes from that definition certain communications, including communications between a staff member acting in his or her official capacity and any commission member or interested person, as prescribed. The act prohibits a commission member and an interested person from conducting an ex parte communication unless the member fully discloses and makes public the ex parte communication, as specified, and 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 that has not been reported.

This bill would begin delete instead end delete begin insert require certain ex parte communications to be reported in writing, and included in the record of the applicable proceeding. The bill would end insert prohibit a commission member or an interested person from conducting any ex parte communication begin delete regardless of whether the communication is disclosed. The bill end delete begin insert concerning an adjudicative or enforcement proceeding before the commission, and would prohibit a commission member from voting on or otherwise participating in any commission proceeding to which one of these communications applies, even if the communication is reported. end insert

begin insert This bill end insert would also prohibit a commission member or alternate from attempting begin insert to use his or her official position end insert to influence begin delete commission staff for purposes of changing or eliminating any information contained in a end delete commission staff begin delete report or analysis or altering any recommendation pertaining to a matter within the commission’s jurisdiction prior to the time the staff report, analysis, or recommendation is made public at a hearing, workshop, or other official proceeding. end delete begin insert or in any way alter a commission staff report, analysis, or recommendation prior to a public hearing on that matter to which the report, analysis, or recommendation applies. end insert The bill would begin delete make a willful violation of that prohibition punishable by fine or imprisonment in the state prison and would end delete forever disqualify a commission member or alternate begin delete found guilty of a violation end delete begin insert who willfully violates that provision end insert from holding any office in this state. begin delete By creating a new crime, the bill would impose a state-mandated local program. end delete

begin delete

(2) 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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 30324 of the Public Resources Code is
amended to read:

30324.  

begin insert (a) end insert begin insert   end insert No commission member, nor any interested person,
shall conduct an ex parte begin delete communication. end delete begin insert communication
concerning an adjudicative or enforcement proceeding before the
commission. end insert

begin insert

(b) (1) If a commission member, or any interested person,
conducts any ex parte communication, including a communication
that is in violation of subdivision (a), the commission member shall
fully disclose and make public the communication by providing a
full report of the communication to the executive director within
seven days after the communication or, if the communication
occurs within seven days of the next commission hearing, to the
commission in writing to be included on the record of the
proceeding at that hearing.

end insert begin insert

(2) Notwithstanding Section 30327, if a commission member
conducts an ex parte communication that is in violation of
subdivision (a), he or she shall not vote on or otherwise participate
in any commission proceeding to which the communication applies.

end insert begin insert

(c) (1) The commission shall adopt standard disclosure forms
for reporting ex parte communications which shall include, but
not be limited to, all of the following information:

end insert begin insert

(A) The date, time, and location of the communication.

end insert begin insert

(B) (i) The identity of the person or persons initiating and the
person or persons receiving the communication.

end insert begin insert

(ii) The identity of the person on whose behalf the
communication was made.

end insert begin insert

(iii) The identity of all persons present during the
communication.

end insert begin insert

(C) A complete, comprehensive description of the content of the
ex parte communication, including a complete set of all text and
graphic material that was part of the communication.

end insert begin insert

(2) The executive director shall place in the public record any
report of an ex parte communication.

end insert

begin delete

SEC. 2.  

Section 30327 of the Public Resources Code is
amended to read:

30327.  

(a) No commission member or alternate shall make,
participate in making, or in any other way attempt 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.

(b) In addition to any other applicable penalty, including a civil
fine imposed pursuant to Section 30824, a commission member
who knowingly violates this section shall be subject to a civil fine,
not to exceed seven thousand five hundred dollars ($7,500).
Notwithstanding any law to the contrary, the court may award
attorneys’ fees and costs to the prevailing party.

end delete

begin delete SEC. 3. end delete

begin insert SEC. 2. end insert   

Section 30327.2 is added to the Public Resources Code,
to read:

begin delete

30327.2.  

(a) No commission member or alternate shall attempt
to influence commission staff for purposes of changing or
eliminating any information contained in a staff report or analysis
or altering any recommendation pertaining to a matter within the
commission’s jurisdiction prior to the time the staff report, analysis,
or recommendation is made public at a hearing, workshop, or other
official proceeding.

(b) A commission member or alternate who willfully violates
subdivision (a) is punishable by a fine of not more than one
thousand dollars ($1,000) or by imprisonment in the state prison,
and is forever disqualified from holding any office in this state.

end delete

begin insert

begin insert 30327.2. end insert   

end insert begin insert

(a) No commission member or alternate shall attempt
to use his or her official position to influence or in any way alter
the contents of a commission staff report, analysis, or
recommendation prior to a public hearing on that matter to which
the staff report, analysis, or recommendation applies.

end insert begin insert

(b) This section shall not be construed to prohibit a
commissioner or alternate from communicating with commission
staff members about matters before the commission.

end insert begin insert

(c) A commission member or alternate who willfully violates
subdivision (a) is forever disqualified from holding any public
office in this state.

end insert begin insert

(d) This section is intended to protect the public interest by
ensuring that commission members and alternates do not unduly
influence the contents of a staff report, analysis, or
recommendation.

end insert

begin delete

SEC. 4.  

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.

end delete