BILL NUMBER: SB 1190	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2016
	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 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 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  intentionally  conducting any ex
parte communication concerning an adjudicative or enforcement
proceeding before the  commission,   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 or in any way alter   place
undue influence, as defined, on commission staff for the purpose of
altering the contents or conclusions of  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 forever disqualify a commission member or alternate who
willfully violates that provision from holding any  office in
this state.   position at the commission. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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
 intentionally  conduct an ex parte 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 30327.2 is added to the Public Resources Code, to
read:
   30327.2.  (a) No commission member or alternate shall attempt to
use his or her official position to  influence or in any way
alter   place undue influence, as defined by Section
1575 of the   Civil Code, on commission staff for the
purpose of altering  the contents  or conclusions  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   with,
or providing information to,  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.   position at the
commission. 
   (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.