BILL NUMBER: SB 1190 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 3, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Jackson
(Coauthor: Assembly Member Williams)
FEBRUARY 18, 2016
An act to amend Sections 30324 and 30327
Section 30324 of, and to add Section 30327.2 to, the Public
Resources Code, relating to the California Coastal Commission.
LEGISLATIVE COUNSEL'S DIGEST
SB 1190, as amended, Jackson. California Coastal Commission: ex
parte communications: staff communications.
The California Coastal Act of 1976, for purposes of the act,
defines an "ex parte communication" as any oral or written
communication between a member of the California Coastal Commission
and an interested person, as defined, about a matter within the
commission's jurisdiction, as defined, that does not occur in a
public hearing, workshop, or other official proceeding or on the
official record of the proceeding on the matter, but excludes from
that definition certain communications, including communications
between a staff member acting in his or her official capacity and any
commission member or interested person, as prescribed. The act
prohibits a commission member and an interested person from
conducting an ex parte communication unless the member fully
discloses and makes public the ex parte communication, as specified,
and prohibits a commission member or alternate from making,
participating in making, or in any other way attempting to use his or
her official position to influence a commission decision about which
the member or alternate has knowingly had an ex parte communication
that has not been reported.
This bill would instead require certain ex
parte communications to be reported in writing, and included in the
record of the applicable proceeding. The bill would prohibit a
commission member or an interested person from conducting any ex
parte communication regardless of whether the communication
is disclosed. The bill concerning an adjudicative or
enforcement proceeding before the commission, and would
prohibit a commission member from voting on or otherwise
participating in any commission proceeding to which one of these
communications applies, even if the communication is reported.
This bill would also prohibit a commission member or
alternate from attempting to use his or her official position
to influence commission staff for purposes of changing
or eliminating any information contained in a commission
staff report or analysis or altering any recommendation
pertaining to a matter within the commission's jurisdiction prior to
the time the staff report, analysis, or recommendation is made public
at a hearing, workshop, or other official proceeding.
or in any way alter a commission staff report, analysis, or
recommendation prior to a public hearing on that matter to which the
report, analysis, or recommendation applies. The bill would
make a willful violation of that prohibition punishable by
fine or imprisonment in the state prison and would forever
disqualify a commission member or alternate found guilty of
a violation who willfully violates that provision
from holding any office in this state. By creating a
new crime, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 30324 of the Public Resources Code is amended
to read:
30324. (a) No commission member, nor any
interested person, shall conduct an ex parte communication.
communication concerning an adjudicative or
enforcement proceeding before the commission.
(b) (1) If a commission member, or any interested person, conducts
any ex parte communication, including a communication that is in
violation of subdivision (a), the commission member shall fully
disclose and make public the communication by providing a full report
of the communication to the executive director within seven days
after the communication or, if the communication occurs within seven
days of the next commission hearing, to the commission in writing to
be included on the record of the proceeding at that hearing.
(2) Notwithstanding Section 30327, if a commission member conducts
an ex parte communication that is in violation of subdivision (a),
he or she shall not vote on or otherwise participate in any
commission proceeding to which the communication applies.
(c) (1) The commission shall adopt standard disclosure forms for
reporting ex parte communications which shall include, but not be
limited to, all of the following information:
(A) The date, time, and location of the communication.
(B) (i) The identity of the person or persons initiating and the
person or persons receiving the communication.
(ii) The identity of the person on whose behalf the communication
was made.
(iii) The identity of all persons present during the
communication.
(C) A complete, comprehensive description of the content of the ex
parte communication, including a complete set of all text and
graphic material that was part of the communication.
(2) The executive director shall place in the public record any
report of an ex parte communication.
SEC. 2. Section 30327 of the Public Resources
Code is amended to read:
30327. (a) No commission member or alternate shall make,
participate in making, or in any other way attempt to use his or her
official position to influence a commission decision about which the
member or alternate has knowingly had an ex parte communication.
(b) In addition to any other applicable penalty, including a civil
fine imposed pursuant to Section 30824, a commission member who
knowingly violates this section shall be subject to a civil fine, not
to exceed seven thousand five hundred dollars ($7,500).
Notwithstanding any law to the contrary, the court may award
attorneys' fees and costs to the prevailing party.
SEC. 3. SEC. 2. Section 30327.2 is
added to the Public Resources Code, to read:
30327.2. (a) No commission member or alternate shall attempt to
influence commission staff for purposes of changing or eliminating
any information contained in a staff report or analysis or altering
any recommendation pertaining to a matter within the commission's
jurisdiction prior to the time the staff report, analysis, or
recommendation is made public at a hearing, workshop, or other
official proceeding.
(b) A commission member or alternate who willfully violates
subdivision (a) is punishable by a fine of not more than one thousand
dollars ($1,000) or by imprisonment in the state prison, and is
forever disqualified from holding any office in this state.
30327.2. (a) No commission member or alternate
shall attempt to use his or her official position to influence or in
any way alter the contents of a commission staff report, analysis, or
recommendation prior to a public hearing on that matter to which the
staff report, analysis, or recommendation applies.
(b) This section shall not be construed to prohibit a commissioner
or alternate from communicating with commission staff members about
matters before the commission.
(c) A commission member or alternate who willfully violates
subdivision (a) is forever disqualified from holding any public
office in this state.
(d) This section is intended to protect the public interest by
ensuring that commission members and alternates do not unduly
influence the contents of a staff report, analysis, or
recommendation.
SEC. 4. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.