BILL ANALYSIS �
AB 1728
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GOVERNOR'S VETO
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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|ASSEMBLY: |56-16|(May 15, 2014) |SENATE: |27-7 |(August 20, |
| | | | | |2014) |
| | | | | | |
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SUMMARY : Makes all officials who are elected to local water
boards subject to existing provisions of state law limiting
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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 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 Senate Appropriations
Committee, annual costs of $115,331 for administrative expenses
to the Fair Political Practices Commission (FPPC) (General
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Fund).
The FPPC indicates the need for 3/4 of one Attorney I position
to handle an increase in advice requests resulting in annual
costs of $115,331.
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 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
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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 two-thirds vote of both houses of the Legislature.
Please see the policy committee analysis for a full discussion
of this bill.
GOVERNOR'S VETO MESSAGE :
"The Levine Act was narrowly crafted to apply to local
government entities whose membership includes individuals who
are not elected directly by voters. Expanding the Act to one
subset of special districts, namely water boards, would add more
complexity without advancing the goals of the Political Reform
Act."
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
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FN: 0005645