BILL ANALYSIS Ó
SB 1443
Page 1
SENATE THIRD READING
SB 1443 (De León, et al.)
As Amended July 1, 2014
2/3 vote
SENATE VOTE :34-0
ELECTIONS 6-0 APPROPRIATIONS 17-0
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|Ayes:|Fong, Donnelly, Bonta, |Ayes:|Gatto, Bigelow, |
| |Hall, Perea, Rodriguez | |Bocanegra, Bradford, Ian |
| | | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Limits the value and types of gifts that can be given
to and received by public officials. Specifically, this bill :
1)Prohibits a lobbyist or lobbying firm from making any gift 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, instead of limiting such gifts to an aggregate value
of not more than $10 in a calendar month, as is the case under
existing law. 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
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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
the following events or venues:
i) A professional concert, professional sporting event,
or other professional entertainment event, regardless of
the value of the ticket;
ii) An amateur theater, amateur concert, amateur
sporting event, or other amateur entertainment event for
which the value of the ticket received exceeds $50;
iii) A racetrack event, regardless of the value of the
ticket; or,
iv) A theme park, amusement park, or other similar
venue, regardless of the value of the ticket;
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 : According to the Assembly Appropriations
Committee, minor absorbable costs to the FPPC for enforcement,
potentially offset to some extent by penalty revenue.
COMMENTS : 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
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1441 and SB 1442 [of the current legislative session]) aimed at
bolstering public confidence in California's elected officials
and improving transparency in the gift reporting process.
"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 1443 would reduce the gift
limit to $200."
No public official is compelled to accept gifts. To the extent
that a public official is concerned that the acceptance of gifts
may result in a negative public perception, that official is
free to decline any or all gifts. In fact, a number of members
of the Legislature have chosen not to accept gifts of any kind
or value.
This bill would establish restrictions on gifts given to certain
officials based not on the value of the gift, but rather on the
type of gift given. As a result, it would be legal for an
elected state official to accept a gift of a bottle of wine
valued at $200, but it would be illegal for the same official to
accept an $8 ticket to a minor league baseball game. An elected
state official could not accept a $5 gift card to a coffee shop
from the shop's owner, but could accept $200 worth of coffee
from the same person.
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 Political Reform Act (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.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
SB 1443
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FN: 0004409