BILL ANALYSIS Ó
SB 1443
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1443 (De Leon) - As Amended: July 1, 2014
Policy Committee: ElectionsVote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill reduces the maximum value of gifts that can be given
to a public official and prohibits public officials from
receiving certain kinds of gifts. Specifically, this bill:
1)Removes the limit of $10 in any calendar month as the
aggregate value of a gift that a lobbyist or lobbying firm may
give to a candidate for elective state office, an elected
state officer, or a legislative official, or to an agency
official of any agency required to be listed on the
registration statement of the lobbying firm or the lobbyist
employer of the lobbyist, and instead prohibits gifts of any
amount. Prohibits an official from knowingly receiving a gift
that is unlawful under this provision.
2)Lowers, from $440 to $200, the limit on the aggregate value of
gifts that specified public officials can receive from a
single source in a calendar year. Ends a requirement for the
Fair Political Practices Commission (FPPC) to adjust this
limit in January of each odd-numbered year to reflect any
changes in the Consumer Price Index (CPI), and instead permits
the FPPC, at its discretion, to increase the limit in January
of each odd-numbered year by an amount that does not exceed
any changes reflected in the CPI. Makes a corresponding change
to the threshold whereby gifts received by public officials
can constitute a conflict of interest.
3)Prohibits a candidate for elective state office, an elected
state officer, or a legislative official from accepting the
following gifts:
a) A gift of tickets or the equivalent of tickets to any of
SB 1443
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the following events or venues:
i) A professional concert or other professional
entertainment event, regardless of the value of the
ticket;
ii) A professional sporting event, regardless of the
value of the ticket;
iii) An amateur sporting event for which the value of the
ticket received exceeds $50;
iv) A racetrack event, regardless of the value of the
ticket;
v) A theme park, amusement park, or other similar
venue, regardless of the value of the ticket; or,
vi) An amateur theatre, concert, or other entertainment
event for which the value of the ticket received exceeds
$50;
b) Golfing green fees, complimentary golf course access, or
the equivalent, regardless of the value;
c) Skiing, hunting, or fishing trips or other recreational
outings, regardless of the value;
d) Spa treatments, spa access fees, or other equivalent
complimentary beauty or cosmetic services, regardless of
the value; or
e) Cash, gift cards, or cash equivalents, regardless of the
value.
FISCAL EFFECT
Minor absorbable costs to the FPPC for enforcement, potentially
offset to some extent by penalty revenue.
COMMENTS
1)Purpose . According to the author, "SB 1443 is a product
of the Senate Ethics Working Group, and a part of a
legislative package supported by the Senate Democratic
Caucus (the others are SB 1441 and SB 1442) aimed at
bolstering public confidence in California's elected
officials and improving transparency in the gift
reporting process.
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"This measure seeks to severely reduce the gift limit and
completely ban gifts such as tickets to professional sporting
events and concerts, amusement parks, golfing green fees, spa
treatments, and recreational trips. Increasing of the gift
limit over the years, which is currently set at $440,
is?approaching the conflict of interest threshold of $500. SB
1442 would reduce the gift limit to $200."
2)Prior Legislation . SB 1426 (Blakeslee) of 2012, which would
have prohibited lobbyists, lobbyist firms, and lobbyist
employers from giving specific types of gifts (such as gift
cards, and amusement park and racetrack tickets) to elected
state officers and members of their immediate family, was held
on this committee's Suspense file. A similar bill, SB 18
(Blakeslee) of 2011, was held on Suspense in Senate
Appropriations.
AB 1412 (Torrico) of 2009, and AB 2368 (Blakeslee) of 2010,
would have prohibited a lobbyist employer from making gifts to
a Member of the Legislature aggregating more than $10 in a
calendar month. AB 1412 died on the inactive file on the
Assembly Floor. AB 2368 failed passage in this committee.
AB 2795 (Blakeslee) of 2008, which would have prohibited a
lobbyist employer from making gifts to state candidates,
elected state officers, legislative officials, and certain
agency officials aggregating more than $10 in a calendar month
with certain exceptions for food or refreshments of a nominal
value offered other than as part of a meal and tickets to
certain events sponsored by the lobbyist employer, was held on
this committee's Suspense file.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081