BILL NUMBER: SB 1190	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 8, 2016
	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   or any
oral or written communication regarding a pending enforcement
investigation that does not occur in a public hearing, workshop, or
other official   proceeding, or on the official record of
the proceeding on the matter. The bill would require a commission
member to report these communications in writing, would require the
report to be placed in the public record,  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 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 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   either of the
following: 
    (1)     An  ex parte 
communication concerning an adjudicative or enforcement proceeding
before the commission.   communication. 
    (2)     An oral or written communication
regarding a pending enforcement investigation that does not occur in
a public hearing, workshop, or other official proceeding, or on the
official record of the proceeding on the matter. 
   (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   a  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  that are in
violation of subdivision (a),  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.   made
pursuant to this section. 
  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 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, 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 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.