BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 1728 (Garcia) - Political Reform Act
Amended: April 8, 2014 Policy Vote: E&CA 5-0
Urgency: No Mandate: No
Hearing Date: August 4, 2014
Consultant: Maureen Ortiz
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 1728 makes officers who are elected to local
water boards subject to the Levine Act under the Political
Reform Act.
Fiscal Impact:
Annual costs of $115,331 for administrative expenses to the
FPPC (General Fund)
The FPPC indicates the need for of one Attorney I position to
handle an increase in advice requests resulting in annual costs
of $115,331.
Background: The Levine Act, a portion of the Political Reform
Act, provides for all of the following:
1) Prohibits any officer of an agency from accepting,
soliciting or directing a 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.
2) Requires any officer of an agency, as defined, who received
a 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 in the 12 months before the
proceeding, to disclose the contribution on the record of the
proceeding. That officer is further prohibited from
participating in making, or attempting to influence the decision
in the proceeding, unless the officer returns the contribution
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within 30 days of knowing of the contribution and the
proceeding.
The Levine Act currently does not apply to local governmental
bodies whose members are elected directly by the voters, but
rather applies to water districts that are governed by appointed
boards of directors.
Proposed Law: AB 1728 makes all officials who are elected to
local water boards formed pursuant to the Water Code subject to
the Levine Act's existing provisions limiting contributions to
officials from entities with business before the agency
involving a license, permit, or other entitlement for use -
excluding contracts that are competitively bid.
Staff Comments: The Levine Act, named after its author
Assemblymember Mel Levine, restricts campaign contributions made
to officers of most state and local agencies by parties to a
proceeding pending before those agencies. Enacted in 1982, the
Levine Act was a response to reports that members of a state
agency sought to raise money from individuals and entities that
had permit requests pending before the agency.
The Levine 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 license, permits, or
other entitlements for use.
There are over 700 different water districts of various types in
California. In most cases, the governing boards of these water
districts are elected, and therefore are not subject to the
provisions of the Levine Act. Only the few that are governed by
appointed boards of directors are currently subject to the
Levine Act. AB 1728 will make all districts that are formed
pursuant to the Water Code subject to the Levine Act, regardless
of whether the district is governed by an elected board or an
appointed board. Similar prohibitions already exist for
appointed members of boards or commissions who are running as
candidates for elective office, and members of the State Board
of Equalization.
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