BILL ANALYSIS �
AB 1728
Page 1
ASSEMBLY THIRD READING
AB 1728 (Garcia)
As Amended April 8, 2014
2/3 vote
ELECTIONS 5-0 LOCAL GOVERNMENT 8-1
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|Ayes:|Fong, Mullin, Hall, |Ayes:|Achadjian, Levine, Alejo, |
| |Perea, Rodriguez | |Bradford, Gordon, Mullin, |
| | | |Rendon, Waldron |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Wagner |
| | | | |
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APPROPRIATIONS 12-4
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Holden, | | |
| |Pan, Quirk, | | |
| |Ridley-Thomas, Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bigelow, Donnelly, Jones, | | |
| |Wagner | | |
| | | | |
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SUMMARY : Makes all officials who are elected to local water boards
subject to existing provisions of state law limiting contributions
to officials from entities with business before the agency involving
a license, permit, or other entitlement for use. Specifically, this
bill :
1)Provides that local government agencies that are formed pursuant
to the Water Code are subject to the following provisions of the
Levine Act of 1982 (Act), even if the members of the agency are
directly elected by the voters:
a) A prohibition against accepting, soliciting, or directing a
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contribution of more than $250 from a party or participant with
a matter pending before the agency involving a license, permit,
or other entitlement for use during the time the matter is
pending before the agency and for three months following the
date a final decision is rendered in the matter.
b) A requirement to disclose on the record of a proceeding the
receipt of any contribution of more than $250 from a party to
or participant in the proceeding in the 12 previous months if
the proceeding involves a license, permit, or other entitlement
for use.
c) A prohibition against making, participating in making, or
attempting to influence the decision in any proceeding
involving a license, permit, or other entitlement for use if
the officer received a contribution of more than $250 from a
party or participant in the proceeding in the 12 months before
the proceeding and the officer did not return that contribution
within 30 days of knowing, or the time the officer should have
known, of the contribution and the proceeding.
2)Provides that for the purposes of proceedings before a local
government agency formed pursuant to the Water Code, the term
"license, permit, or other entitlement for use" includes all
contracts except those that are competitively bid.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
ongoing General Fund costs of about $100,000 to the Fair Political
Practices Commission (FPPC) for attorney time to respond to
additional requests from water board members seeking advice
regarding the bill's restriction on campaign contributions and
matters that come before the boards.
COMMENTS : According to the author, "AB 1728 requires members of
local water boards excuse themselves from decisions when
contributors are involved. AB 1728 includes officials of local
government agencies formed pursuant to the provisions of the Water
Code and applies to proceedings to award licenses or permits for
use."
The Act, named after its author Assembly Member Mel Levine,
restricts campaign contributions made to officers of state and local
agencies by parties to a proceeding pending before those agencies.
Enacted in 1982, the Act was a response to reports that members of a
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state agency sought to raise money from individuals and entities
that had permit requests pending before the agency. The Act is
unique among the provisions of the Political Reform Act (PRA) in
that it is the only area in which a contribution can be the basis
for a disqualifying conflict of interest.
The Act is narrowly drafted to apply only to decisions made by
agencies with membership that is not directly elected by voters, and
only to proceedings involving licenses, permits, or other
entitlements for use. Proceedings of a more general nature and with
broader applicability are not covered by the Act.
The Act generally does not apply to the judicial branch, local
governmental bodies whose members are elected directly by the
voters, members of the Legislature, or constitutional officers.
However, when an officer who is otherwise exempted serves as a
voting member of an agency that is subject to the Act, then the
contribution restrictions of the Act do apply to that officer. For
example, someone elected to a county board of supervisors is not
subject to the Act simply for sitting on the board of supervisors;
but, if that official also sits on a regional transit agency, which
is subject to the Act, then the officer would be required to comply
with the contribution restrictions that apply to all other members
of the regional transit agency. Because the Act does not apply to
local governmental bodies whose members are elected directly by the
voters, the Act applies to some special districts, but not others.
There are more than 700 different water districts of various types
in California. In most cases, the governing boards of these water
districts are elected, and as a result are not subject to the
provisions of the Act. There are at least some water districts,
however, that are governed by appointed boards of directors, or by
boards of directors that are a combination of elected and appointed
members. Those districts are subject to the Act under existing law.
This bill makes all districts that are formed pursuant to the Water
Code subject to the Act, regardless of whether the district is
governed by an elected board or an appointed board.
California voters passed an initiative, Proposition 9, in 1974 that
created the FPPC and codified significant restrictions and
prohibitions on candidates, officeholders and lobbyists. That
initiative is commonly known as the PRA. Amendments to the PRA that
are not submitted to the voters, such as those contained in this
bill, must further the purposes of the initiative and require a
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two-thirds vote of both houses of the Legislature.
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094FN:
0003342