Bill Text: CA AB2164 | 2009-2010 | Regular Session | Amended
Bill Title: Political Reform Act of 1974.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-06-29 - In committee: Set, first hearing. Held without recommendation. [AB2164 Detail]
Download: California-2009-AB2164-Amended.html
BILL NUMBER: AB 2164 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Norby
FEBRUARY 18, 2010
An act to amend Section 84308 of the Government Code, relating to
the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 2164, as amended, Norby. Political Reform Act of 1974:
committees. 1974.
Existing law defines the term "agency"
"officer" for the purposes of contribution limitations to a
member of a board by a person or entity appearing before the board,
under the Political Reform Act of 1974. The definition of
does not include a local board whose members "officer"
includes members who are all directly
elected by the public.
This bill would amend the definition of "agency"
"officer" under these provisions to
also exclude a local board whose elected
members include current elected officials who have been
appointed to serve on the of board.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84308 of the Government Code is amended to
read:
84308. (a) The definitions set forth in this subdivision shall
govern the interpretation of this section.
(1) "Party" means any person who files an application for, or is
the subject of, a proceeding involving a license, permit, or other
entitlement for use.
(2) "Participant" means any person who is not a party but who
actively supports or opposes a particular decision in a proceeding
involving a license, permit, or other entitlement for use and who has
a financial interest in the decision, as described in Article 1
(commencing with Section 87100) of Chapter 7. A person actively
supports or opposes a particular decision in a proceeding if he or
she lobbies in person the officers or employees of the agency,
testifies in person before the agency, or otherwise acts to influence
officers of the agency.
(3) "Agency" means an agency as defined in Section 82003 except
that it does not include the courts or any agency in the judicial
branch of government, local governmental agencies whose members are
directly elected by the voters and may include current
elected officials who have been appointed as members , the
Legislature, the State Board of Equalization, or constitutional
officers. However, this section applies to any person who is a member
of an exempted agency but is acting as a voting member of another
agency.
(4) "Officer" means any elected or appointed
officer of an agency, any alternate to an elected or appointed
officer of an agency, and any candidate for elective office in an
agency.
(5) "License, permit, or other entitlement for use" means all
business, professional, trade and land use licenses and permits and
all other entitlements for use, including all entitlements for land
use, all contracts (other than competitively bid, labor, or personal
employment contracts), and all franchises.
(6) "Contribution" includes contributions to candidates and
committees in federal, state, or local elections.
(b) No officer of an agency shall accept, solicit, or direct a
contribution of more than two hundred fifty dollars ($250) from any
party, or his or her agent, or from any participant, or his or her
agent, while a proceeding involving a license, permit, or other
entitlement for use is pending before the agency and for three months
following the date a final decision is rendered in the proceeding if
the officer knows or has reason to know that the participant has a
financial interest, as that term is used in Article 1 (commencing
with Section 87100) of Chapter 7. This prohibition shall apply
regardless of whether the officer accepts, solicits, or directs the
contribution for himself or herself, or on behalf of any other
officer, or on behalf of any candidate for office or on behalf of any
committee.
(c) Prior to rendering any decision in a proceeding involving a
license, permit, or other entitlement for use pending before an
agency, each officer of the agency who received a contribution within
the preceding 12 months in an amount of more than two hundred fifty
dollars ($250) from a party or from any participant shall disclose
that fact on the record of the proceeding. No officer of an agency
shall make, participate in making, or in any way attempt to use his
or her official position to influence the decision in a proceeding
involving a license, permit, or other entitlement for use pending
before the agency if the officer has willfully or knowingly received
a contribution in an amount of more than two hundred fifty dollars
($250) within the preceding 12 months from a party or his or her
agent, or from any participant, or his or her agent if the officer
knows or has reason to know that the participant has a financial
interest in the decision, as that term is described with respect to
public officials in Article 1 (commencing with Section 87100) of
Chapter 7.
If an officer receives a contribution which would otherwise
require disqualification under this section and returns the
contribution within 30 days from the time he or she knows, or should
have known, about the contribution and the proceeding involving a
license, permit, or other entitlement for use, he or she shall be
permitted to participate in the proceeding.
(d) A party to a proceeding before an agency involving a license,
permit, or other entitlement for use shall disclose on the record of
the proceeding any contribution in an amount of more than two hundred
fifty dollars ($250) made within the preceding 12 months by the
party, or his or her agent, to any officer of the agency. No party,
or his or her agent, to a proceeding involving a license, permit, or
other entitlement for use pending before any agency and no
participant, or his or her agent, in the proceeding shall make a
contribution of more than two hundred fifty dollars ($250) to any
officer of that agency during the proceeding and for three months
following the date a final decision is rendered by the agency in the
proceeding. When a closed corporation is a party to, or a participant
in, a proceeding involving a license, permit, or other entitlement
for use pending before an agency, the majority shareholder is subject
to the disclosure and prohibition requirements specified in
subdivisions (b) and (c) and this subdivision.
(e) Nothing in this section shall be construed to imply that any
contribution subject to being reported under this title shall not be
so reported.
SEC. 2. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.
