Bill Text: CA SB816 | 2015-2016 | Regular Session | Amended
Bill Title: State Board of Equalization: members: contributions: report.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB816 Detail]
Download: California-2015-SB816-Amended.html
BILL NUMBER: SB 816 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 8, 2016
AMENDED IN SENATE APRIL 26, 2016
INTRODUCED BY Senator Hill
JANUARY 4, 2016
An act to amend Section 15626 of the Government Code,
relating to the State Board of Equalization.
LEGISLATIVE COUNSEL'S DIGEST
SB 816, as amended, Hill. State Board of Equalization: members:
contributions. contributions: report.
The Quentin L. Kopp Conflict of Interest Act of 1990 requires a
member of the State Board of Equalization who has received a
contribution or contributions within the preceding 12 months in an
aggregate amount of $250 or more from a party or his or her agent, or
from any participant or his or her agent, to, prior to rendering any
decision in any adjudicatory proceeding pending before the board,
disclose that fact on the record of the proceeding. A member is
prohibited from making, participating in making, or in any way
attempting to use his or her official position to influence, the
decision in an adjudicatory proceeding pending before the board if
the member knows or has reason to know that he or she received a
contribution or contributions within the preceding 12 months
in an aggregate amount of $250 or more from a party to
the proceeding, or his or her agent, or from a
participant in the proceeding or his or her
agent, and the member knows or has reason to know that the
participant has a financial interest in the decision. The act
also requires a party to, or a participant in, an adjudicatory
proceeding pending before the board to disclose on the record of the
proceeding any contribution or contributions in an aggregate amount
of $250 or more made within the preceding 12 months by the party or
participant, or his or her agent, to any member of the board. A
person who knowingly or willfully violates any provision of the act
is guilty of a misdemeanor.
This bill would reduce the $250 contribution limitation to $100,
applying the above-described disclosure and disqualification
provisions if a board member receives a contribution in the amount of
$100, or more from a party, agent, or participant, as provided.
By extending the application of the criminal sanctions of the
Quentin L. Kopp Conflict of Interest Act of 1990, this bill would
impose a state-mandated local program.
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.
This bill would require the board, on or before January 1, 2018,
to prepare a report analyzing the impact on the board and those
making contributions to the board of lowering the monetary threshold
that triggers the requirements of the Quentin L. Kopp Conflict of
Interest Act of 1990 from $250 to $100.
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. On or before January 1, 2018, the State
Board of Equalization shall prepare a report analyzing the impact on
the board and those making contributions to the board of lowering
the monetary threshold that triggers the requirements of the Quentin
L. Kopp Conflict of Interest Act of 1990 (Section 15626 of the
Government Code) from two hundred and fifty dollars ($250) to one
hundred dollars ($100).
SECTION 1. Section 15626 of the Government Code
is amended to read:
15626. (a) This section shall be known, and may be cited, as the
Quentin L. Kopp Conflict of Interest Act of 1990.
(b) Prior to rendering any decision in any adjudicatory proceeding
pending before the State Board of Equalization, each member who
knows or has reason to know that he or she received a contribution or
contributions within the preceding 12 months in an aggregate amount
of one hundred dollars ($100) or more from a party or his or her
agent, or from any participant or his or her agent, shall disclose
that fact on the record of the proceeding.
(c) A member shall not make, participate in making, or in any way
attempt to use his or her official position to influence, the
decision in any adjudicatory proceeding pending before the board if
the member knows or has reason to know that he or she received a
contribution or contributions in an aggregate amount of one hundred
dollars ($100) or more within the preceding 12 months from a party or
his or her agent, or from any participant or his or her agent, and
if the member knows or has reason to know that the participant has a
financial interest in the decision, as that term is used in Article 1
(commencing with Section 87100) of Chapter 7 of Title 9.
(d) Notwithstanding subdivision (c), if a member receives a
contribution which would otherwise require disqualification under
subdivision (c), and he or she returns the contribution within 30
days from the time he or she knows, or has reason to know, about the
contribution and the adjudicatory proceeding pending before the
board, his or her participation in the proceeding shall be deemed
lawful.
(e) A party to, or a participant in, an adjudicatory proceeding
pending before the board shall disclose on the record of the
proceeding any contribution or contributions in an aggregate amount
of one hundred dollars ($100) or more made within the preceding 12
months by the party or participant, or his or her agent, to any
member of the board.
(f) When a close corporation is a party to, or a participant in,
an adjudicatory proceeding pending before the board, the majority
shareholder is subject to the disclosure requirement specified in
this section.
(g) For purposes of this section, if a deputy to the Controller
sits at a meeting of the board and votes on behalf of the Controller,
the deputy shall disclose contributions made to the Controller and
shall disqualify himself or herself from voting pursuant to the
requirements of this section.
(h) For purposes of this section:
(1) "Contribution" has the same meaning prescribed in Section
82015 and the regulations adopted pursuant to that section.
(2) "Party" means any person who is the subject of an adjudicatory
proceeding pending before the board.
(3) "Participant" means any person who is not a party but who
actively supports or opposes a particular decision in an adjudicatory
proceeding pending before the board and who has a financial interest
in the decision, as described in Article 1 (commencing with Section
87100) of Chapter 7 of Title 9. A person actively supports or opposes
a particular decision if he or she lobbies in person the members or
employees of the board, testifies in person before the board, or
otherwise acts to influence the members of the board.
(4) "Agent" means any person who represents a party to or
participant in an adjudicatory proceeding pending before the board.
If a person acting as an agent is also acting as an employee or
member of a law, accounting, consulting, or other firm, or a similar
entity or corporation, both the entity or corporation and the person
are agents.
(5) "Adjudicatory proceeding pending before the board" means a
matter for adjudication that has been scheduled and appears as an
item on a meeting notice of the board as required by Section 11125 as
a contested matter for administrative hearing before the board
members. A consent calendar matter is not included unless the matter
has previously appeared on the calendar as a nonconsent item, or has
been removed from the consent calendar for separate discussion and
vote, or the item is one about which the member has previously
contacted the staff or a party.
(6) A member knows or has reason to know about a contribution if,
after the adjudicatory proceeding first appears on a meeting notice
of the board, facts have been brought to the member's personal
attention that he or she has received a contribution which would
require disqualification under subdivision (c), or that the member
received written notice from the board staff, before commencement of
the hearing and before any subsequent decision on the matter, that a
specific party, close corporation, or majority shareholder, or agent
thereof, or any participant having a financial interest in the
matter, or agent thereof, in a specific, named adjudicatory
proceeding before the board, made a contribution or contributions
within the preceding 12 months in an aggregate amount of one hundred
dollars ($100) or more. Each member shall provide board staff with a
copy of each of his or her campaign statements at the time each of
those statements is filed.
The notice of contribution shall be on a form prescribed under
rules adopted by the board to provide for staff inquiry of each
party, participant, close corporation, and its majority shareholder,
and any agent thereof, to determine whether any contribution has been
made to a member, and if so, in what aggregate amount and on what
date or dates within the 12 months preceding an adjudicatory
proceeding or decision.
In addition, the staff shall inquire and report on the record as
follows:
(A) Whether any party or participant is a close corporation, and
if so, the name of its majority shareholder.
(B) Whether any agent is an employee or member of any law,
accounting, consulting, or other firm, or similar entity or
corporation, and if so, its name and address and whether a
contribution has been made by any such person, firm, corporation, or
entity.
(i) (1) Any person who knowingly or willfully violates any
provision of this section is guilty of a misdemeanor.
(2) No person convicted of a misdemeanor under this section shall
be a candidate for any elective office or act as a lobbyist for a
period for four years following the time for filing a notice of
appeal has expired, or all possibility of direct attack in the courts
of this state has been finally exhausted, unless the court at the
time of sentencing specifically determines that this provision shall
not be applicable. A plea of nolo contendere shall be deemed a
conviction for the purposes of this section.
(3) In addition to other penalties provided by law, a fine of up
to the greater of ten thousand dollars ($10,000), or three times the
amount the person failed to disclose or report properly, may be
imposed upon conviction for each violation.
(4) Prosecution for violation of this section shall be commenced
within four years after the date on which the violation occurred.
(5) This section shall not prevent any member of the board from
making, or participating in making, a governmental decision to the
extent that the member's participation is legally required for the
action or decision to be made. However, the fact that a member's vote
is needed to break a tie does not make the member's participation
legally required.
SEC. 2. 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.
