Amended IN Assembly June 19, 2024 Amended IN Senate April 24, 2024 Amended IN Senate April 10, 2024 Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1181Introduced by Senator GlazerFebruary 14, 2024 An act to amend Section 84308 of the Government Code, relating to the Political Reform Act of 1974.LEGISLATIVE COUNSEL'S DIGESTSB 1181, as amended, Glazer. Campaign contributions: agency officers.The Political Reform Act of 1974 prohibits certain contributions of more than $250 to an officer of an agency by any party, participant, or party or participants agent in a proceeding while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for 12 months following the date a final decision is rendered in the proceeding, as specified. The act requires disclosure on the record of the proceeding, as specified, of certain contributions of more than $250 within the preceding 12 months to an officer from a party or participant, or partys agent. ThisThis bill would clarify both when a proceeding is pending for purposes of these provisions, and when a person is considered to be an agent of a party to, or participant in, a pending proceeding. The bill would specify that certain types of contracts, including the periodic review or renewal of development agreements, contracts between 2 or more agencies, contracts where neither party receives financial compensation, and other types of contracts, as specified, are not considered a license, permit, or other entitlement for these purposes. This bill would also require the agenda for a proceeding that is a public meeting to include a notice describing the above provisions.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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 that person 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, the Legislature, the 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) (A) License, Except as provided in subparagraph B, 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), contracts, and all franchises.(B) License, permit, or other entitlement for use does not include any of the following:(i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded to the highest or lowest responsible bidder with a responsive bid.(ii) Labor contracts.(iii) Personal employment contracts.(iv) Contracts valued under $50,000.(v) Contracts where no party receives financial compensation.(vi) Contracts between two or more agencies.(vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement. Non-material modifications or amendments may be approved by agency staff.(viii) Periodic reviews or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less. Non-material modifications or amendments may be approved by agency staff.(ix) Modification of or amendments to contracts that are exempt under this subparagraph other than competitively bid contracts.(6) Contribution includes contributions to candidates and committees in federal, state, or local elections.(7) Pending in a proceeding involving a license, permit, or other entitlement for use means either of the following:(A) For an officer, when either of the following situations occurs:(i) Any item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body.(ii) The officer knows a proceeding involving a license, permit or other entitlement for use is before the agency for its decision or other action, and it is reasonably foreseeable the decision will come before the officer in the officer's decisionmaking capacity.(B) For a party or partys agent, or a participant or participants agent, when that proceeding is before the agency for its decision or other action.(b) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency agency, other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, shall not accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party or a partys agent, or from any participant or a participants agent 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 applies regardless of whether the officer accepts, solicits, or directs the contribution on the officers own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. With respect to elected officers, this prohibition applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(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) ($250), other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officers 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 a partys agent, or from any participant or a participants 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. With respect to elected officers, this subdivision applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(d) (1) If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer makes any decision or knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, whichever comes last, the officer shall be permitted to participate in the proceeding.(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.(B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.(C) An officers controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.(e) (1) 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 the partys agent.(2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.(3) 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 this section.(f) An agenda for a proceeding that is a public meeting shall include a notice regarding the requirements of paragraphs (1) and (2) of subdivision (e). The notice shall be in substantially the following form:Parties to a proceeding are required to disclose if they made contributions over $250 within the prior 12 months to a decisionmaker. If a decisionmaker accepted more than $250 during the 12 months preceding the decision, the decisionmaker is required to recuse themself from the decision. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.(g) (1) For purposes of this section, in determining whether a contribution has exceeded two hundred and fifty dollars ($250), the contributions of an agent shall not be aggregated with contributions from a party or a participant.(2) An agent of a party or a participant may not make a contribution in any amount to an officer during the time periods established in paragraph (2) of subdivision (e).(3) Paragraphs (1) and (2) of this subdivision are not severable from one another. If either paragraph (1) or paragraph (2) of this subdivision is held invalid in a final decision of a court of competent jurisdiction, the other of those provisions shall become inoperative on the date of that final decision.(h) (1) A person is the agent of a party to, or a participant in, a pending proceeding involving a license, permit, or other entitlement for use only if the person represents that party or participant for compensation or otherwise communicates with agency for the purpose of influencing the proceeding on behalf of a party or participant.(2) If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are agents.(3) Agent includes a lobbyist registered with the local jurisdiction who otherwise meets the requirements of paragraph (1).(4) Communicate with the agency for the purpose of influencing the proceeding does not include either of the following:(A) Preparing drawings or submissions of an architectural, engineering, or similar nature for a client to submit in a proceeding before the agency if both of the following conditions are met:(i) The work is performed pursuant to the persons profession.(ii) The person does not make any contact with the agency other than contact with agency staff concerning the process or evaluation of the documents prepared by the person.(B) Providing technical data or analysis to an agency if the person does not otherwise engage in direct communication for the purpose of influencing the proceeding.(g)(i) This section shall not 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.
Amended IN Assembly June 19, 2024 Amended IN Senate April 24, 2024 Amended IN Senate April 10, 2024 Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1181Introduced by Senator GlazerFebruary 14, 2024 An act to amend Section 84308 of the Government Code, relating to the Political Reform Act of 1974.LEGISLATIVE COUNSEL'S DIGESTSB 1181, as amended, Glazer. Campaign contributions: agency officers.The Political Reform Act of 1974 prohibits certain contributions of more than $250 to an officer of an agency by any party, participant, or party or participants agent in a proceeding while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for 12 months following the date a final decision is rendered in the proceeding, as specified. The act requires disclosure on the record of the proceeding, as specified, of certain contributions of more than $250 within the preceding 12 months to an officer from a party or participant, or partys agent. ThisThis bill would clarify both when a proceeding is pending for purposes of these provisions, and when a person is considered to be an agent of a party to, or participant in, a pending proceeding. The bill would specify that certain types of contracts, including the periodic review or renewal of development agreements, contracts between 2 or more agencies, contracts where neither party receives financial compensation, and other types of contracts, as specified, are not considered a license, permit, or other entitlement for these purposes. This bill would also require the agenda for a proceeding that is a public meeting to include a notice describing the above provisions.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly June 19, 2024 Amended IN Senate April 24, 2024 Amended IN Senate April 10, 2024 Amended IN Senate March 20, 2024
Amended IN Assembly June 19, 2024
Amended IN Senate April 24, 2024
Amended IN Senate April 10, 2024
Amended IN Senate March 20, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1181
Introduced by Senator GlazerFebruary 14, 2024
Introduced by Senator Glazer
February 14, 2024
An act to amend Section 84308 of the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1181, as amended, Glazer. Campaign contributions: agency officers.
The Political Reform Act of 1974 prohibits certain contributions of more than $250 to an officer of an agency by any party, participant, or party or participants agent in a proceeding while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for 12 months following the date a final decision is rendered in the proceeding, as specified. The act requires disclosure on the record of the proceeding, as specified, of certain contributions of more than $250 within the preceding 12 months to an officer from a party or participant, or partys agent. ThisThis bill would clarify both when a proceeding is pending for purposes of these provisions, and when a person is considered to be an agent of a party to, or participant in, a pending proceeding. The bill would specify that certain types of contracts, including the periodic review or renewal of development agreements, contracts between 2 or more agencies, contracts where neither party receives financial compensation, and other types of contracts, as specified, are not considered a license, permit, or other entitlement for these purposes. This bill would also require the agenda for a proceeding that is a public meeting to include a notice describing the above provisions.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 prohibits certain contributions of more than $250 to an officer of an agency by any party, participant, or party or participants agent in a proceeding while a proceeding involving a license, permit, or other entitlement for use is pending before the agency and for 12 months following the date a final decision is rendered in the proceeding, as specified. The act requires disclosure on the record of the proceeding, as specified, of certain contributions of more than $250 within the preceding 12 months to an officer from a party or participant, or partys agent.
This
This bill would clarify both when a proceeding is pending for purposes of these provisions, and when a person is considered to be an agent of a party to, or participant in, a pending proceeding. The bill would specify that certain types of contracts, including the periodic review or renewal of development agreements, contracts between 2 or more agencies, contracts where neither party receives financial compensation, and other types of contracts, as specified, are not considered a license, permit, or other entitlement for these purposes. This bill would also require the agenda for a proceeding that is a public meeting to include a notice describing the above provisions.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
## Digest Key
## Bill Text
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 that person 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, the Legislature, the 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) (A) License, Except as provided in subparagraph B, 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), contracts, and all franchises.(B) License, permit, or other entitlement for use does not include any of the following:(i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded to the highest or lowest responsible bidder with a responsive bid.(ii) Labor contracts.(iii) Personal employment contracts.(iv) Contracts valued under $50,000.(v) Contracts where no party receives financial compensation.(vi) Contracts between two or more agencies.(vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement. Non-material modifications or amendments may be approved by agency staff.(viii) Periodic reviews or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less. Non-material modifications or amendments may be approved by agency staff.(ix) Modification of or amendments to contracts that are exempt under this subparagraph other than competitively bid contracts.(6) Contribution includes contributions to candidates and committees in federal, state, or local elections.(7) Pending in a proceeding involving a license, permit, or other entitlement for use means either of the following:(A) For an officer, when either of the following situations occurs:(i) Any item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body.(ii) The officer knows a proceeding involving a license, permit or other entitlement for use is before the agency for its decision or other action, and it is reasonably foreseeable the decision will come before the officer in the officer's decisionmaking capacity.(B) For a party or partys agent, or a participant or participants agent, when that proceeding is before the agency for its decision or other action.(b) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency agency, other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, shall not accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party or a partys agent, or from any participant or a participants agent 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 applies regardless of whether the officer accepts, solicits, or directs the contribution on the officers own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. With respect to elected officers, this prohibition applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(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) ($250), other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officers 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 a partys agent, or from any participant or a participants 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. With respect to elected officers, this subdivision applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(d) (1) If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer makes any decision or knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, whichever comes last, the officer shall be permitted to participate in the proceeding.(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.(B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.(C) An officers controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.(e) (1) 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 the partys agent.(2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.(3) 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 this section.(f) An agenda for a proceeding that is a public meeting shall include a notice regarding the requirements of paragraphs (1) and (2) of subdivision (e). The notice shall be in substantially the following form:Parties to a proceeding are required to disclose if they made contributions over $250 within the prior 12 months to a decisionmaker. If a decisionmaker accepted more than $250 during the 12 months preceding the decision, the decisionmaker is required to recuse themself from the decision. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.(g) (1) For purposes of this section, in determining whether a contribution has exceeded two hundred and fifty dollars ($250), the contributions of an agent shall not be aggregated with contributions from a party or a participant.(2) An agent of a party or a participant may not make a contribution in any amount to an officer during the time periods established in paragraph (2) of subdivision (e).(3) Paragraphs (1) and (2) of this subdivision are not severable from one another. If either paragraph (1) or paragraph (2) of this subdivision is held invalid in a final decision of a court of competent jurisdiction, the other of those provisions shall become inoperative on the date of that final decision.(h) (1) A person is the agent of a party to, or a participant in, a pending proceeding involving a license, permit, or other entitlement for use only if the person represents that party or participant for compensation or otherwise communicates with agency for the purpose of influencing the proceeding on behalf of a party or participant.(2) If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are agents.(3) Agent includes a lobbyist registered with the local jurisdiction who otherwise meets the requirements of paragraph (1).(4) Communicate with the agency for the purpose of influencing the proceeding does not include either of the following:(A) Preparing drawings or submissions of an architectural, engineering, or similar nature for a client to submit in a proceeding before the agency if both of the following conditions are met:(i) The work is performed pursuant to the persons profession.(ii) The person does not make any contact with the agency other than contact with agency staff concerning the process or evaluation of the documents prepared by the person.(B) Providing technical data or analysis to an agency if the person does not otherwise engage in direct communication for the purpose of influencing the proceeding.(g)(i) This section shall not 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.
The people of the State of California do enact as follows:
## 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 that person 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, the Legislature, the 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) (A) License, Except as provided in subparagraph B, 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), contracts, and all franchises.(B) License, permit, or other entitlement for use does not include any of the following:(i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded to the highest or lowest responsible bidder with a responsive bid.(ii) Labor contracts.(iii) Personal employment contracts.(iv) Contracts valued under $50,000.(v) Contracts where no party receives financial compensation.(vi) Contracts between two or more agencies.(vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement. Non-material modifications or amendments may be approved by agency staff.(viii) Periodic reviews or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less. Non-material modifications or amendments may be approved by agency staff.(ix) Modification of or amendments to contracts that are exempt under this subparagraph other than competitively bid contracts.(6) Contribution includes contributions to candidates and committees in federal, state, or local elections.(7) Pending in a proceeding involving a license, permit, or other entitlement for use means either of the following:(A) For an officer, when either of the following situations occurs:(i) Any item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body.(ii) The officer knows a proceeding involving a license, permit or other entitlement for use is before the agency for its decision or other action, and it is reasonably foreseeable the decision will come before the officer in the officer's decisionmaking capacity.(B) For a party or partys agent, or a participant or participants agent, when that proceeding is before the agency for its decision or other action.(b) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency agency, other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, shall not accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party or a partys agent, or from any participant or a participants agent 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 applies regardless of whether the officer accepts, solicits, or directs the contribution on the officers own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. With respect to elected officers, this prohibition applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(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) ($250), other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officers 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 a partys agent, or from any participant or a participants 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. With respect to elected officers, this subdivision applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(d) (1) If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer makes any decision or knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, whichever comes last, the officer shall be permitted to participate in the proceeding.(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.(B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.(C) An officers controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.(e) (1) 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 the partys agent.(2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.(3) 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 this section.(f) An agenda for a proceeding that is a public meeting shall include a notice regarding the requirements of paragraphs (1) and (2) of subdivision (e). The notice shall be in substantially the following form:Parties to a proceeding are required to disclose if they made contributions over $250 within the prior 12 months to a decisionmaker. If a decisionmaker accepted more than $250 during the 12 months preceding the decision, the decisionmaker is required to recuse themself from the decision. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.(g) (1) For purposes of this section, in determining whether a contribution has exceeded two hundred and fifty dollars ($250), the contributions of an agent shall not be aggregated with contributions from a party or a participant.(2) An agent of a party or a participant may not make a contribution in any amount to an officer during the time periods established in paragraph (2) of subdivision (e).(3) Paragraphs (1) and (2) of this subdivision are not severable from one another. If either paragraph (1) or paragraph (2) of this subdivision is held invalid in a final decision of a court of competent jurisdiction, the other of those provisions shall become inoperative on the date of that final decision.(h) (1) A person is the agent of a party to, or a participant in, a pending proceeding involving a license, permit, or other entitlement for use only if the person represents that party or participant for compensation or otherwise communicates with agency for the purpose of influencing the proceeding on behalf of a party or participant.(2) If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are agents.(3) Agent includes a lobbyist registered with the local jurisdiction who otherwise meets the requirements of paragraph (1).(4) Communicate with the agency for the purpose of influencing the proceeding does not include either of the following:(A) Preparing drawings or submissions of an architectural, engineering, or similar nature for a client to submit in a proceeding before the agency if both of the following conditions are met:(i) The work is performed pursuant to the persons profession.(ii) The person does not make any contact with the agency other than contact with agency staff concerning the process or evaluation of the documents prepared by the person.(B) Providing technical data or analysis to an agency if the person does not otherwise engage in direct communication for the purpose of influencing the proceeding.(g)(i) This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported.
SECTION 1. Section 84308 of the Government Code is amended to read:
### SECTION 1.
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 that person 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, the Legislature, the 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) (A) License, Except as provided in subparagraph B, 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), contracts, and all franchises.(B) License, permit, or other entitlement for use does not include any of the following:(i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded to the highest or lowest responsible bidder with a responsive bid.(ii) Labor contracts.(iii) Personal employment contracts.(iv) Contracts valued under $50,000.(v) Contracts where no party receives financial compensation.(vi) Contracts between two or more agencies.(vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement. Non-material modifications or amendments may be approved by agency staff.(viii) Periodic reviews or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less. Non-material modifications or amendments may be approved by agency staff.(ix) Modification of or amendments to contracts that are exempt under this subparagraph other than competitively bid contracts.(6) Contribution includes contributions to candidates and committees in federal, state, or local elections.(7) Pending in a proceeding involving a license, permit, or other entitlement for use means either of the following:(A) For an officer, when either of the following situations occurs:(i) Any item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body.(ii) The officer knows a proceeding involving a license, permit or other entitlement for use is before the agency for its decision or other action, and it is reasonably foreseeable the decision will come before the officer in the officer's decisionmaking capacity.(B) For a party or partys agent, or a participant or participants agent, when that proceeding is before the agency for its decision or other action.(b) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency agency, other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, shall not accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party or a partys agent, or from any participant or a participants agent 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 applies regardless of whether the officer accepts, solicits, or directs the contribution on the officers own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. With respect to elected officers, this prohibition applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(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) ($250), other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officers 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 a partys agent, or from any participant or a participants 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. With respect to elected officers, this subdivision applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(d) (1) If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer makes any decision or knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, whichever comes last, the officer shall be permitted to participate in the proceeding.(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.(B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.(C) An officers controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.(e) (1) 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 the partys agent.(2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.(3) 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 this section.(f) An agenda for a proceeding that is a public meeting shall include a notice regarding the requirements of paragraphs (1) and (2) of subdivision (e). The notice shall be in substantially the following form:Parties to a proceeding are required to disclose if they made contributions over $250 within the prior 12 months to a decisionmaker. If a decisionmaker accepted more than $250 during the 12 months preceding the decision, the decisionmaker is required to recuse themself from the decision. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.(g) (1) For purposes of this section, in determining whether a contribution has exceeded two hundred and fifty dollars ($250), the contributions of an agent shall not be aggregated with contributions from a party or a participant.(2) An agent of a party or a participant may not make a contribution in any amount to an officer during the time periods established in paragraph (2) of subdivision (e).(3) Paragraphs (1) and (2) of this subdivision are not severable from one another. If either paragraph (1) or paragraph (2) of this subdivision is held invalid in a final decision of a court of competent jurisdiction, the other of those provisions shall become inoperative on the date of that final decision.(h) (1) A person is the agent of a party to, or a participant in, a pending proceeding involving a license, permit, or other entitlement for use only if the person represents that party or participant for compensation or otherwise communicates with agency for the purpose of influencing the proceeding on behalf of a party or participant.(2) If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are agents.(3) Agent includes a lobbyist registered with the local jurisdiction who otherwise meets the requirements of paragraph (1).(4) Communicate with the agency for the purpose of influencing the proceeding does not include either of the following:(A) Preparing drawings or submissions of an architectural, engineering, or similar nature for a client to submit in a proceeding before the agency if both of the following conditions are met:(i) The work is performed pursuant to the persons profession.(ii) The person does not make any contact with the agency other than contact with agency staff concerning the process or evaluation of the documents prepared by the person.(B) Providing technical data or analysis to an agency if the person does not otherwise engage in direct communication for the purpose of influencing the proceeding.(g)(i) This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported.
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 that person 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, the Legislature, the 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) (A) License, Except as provided in subparagraph B, 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), contracts, and all franchises.(B) License, permit, or other entitlement for use does not include any of the following:(i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded to the highest or lowest responsible bidder with a responsive bid.(ii) Labor contracts.(iii) Personal employment contracts.(iv) Contracts valued under $50,000.(v) Contracts where no party receives financial compensation.(vi) Contracts between two or more agencies.(vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement. Non-material modifications or amendments may be approved by agency staff.(viii) Periodic reviews or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less. Non-material modifications or amendments may be approved by agency staff.(ix) Modification of or amendments to contracts that are exempt under this subparagraph other than competitively bid contracts.(6) Contribution includes contributions to candidates and committees in federal, state, or local elections.(7) Pending in a proceeding involving a license, permit, or other entitlement for use means either of the following:(A) For an officer, when either of the following situations occurs:(i) Any item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body.(ii) The officer knows a proceeding involving a license, permit or other entitlement for use is before the agency for its decision or other action, and it is reasonably foreseeable the decision will come before the officer in the officer's decisionmaking capacity.(B) For a party or partys agent, or a participant or participants agent, when that proceeding is before the agency for its decision or other action.(b) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency agency, other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, shall not accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party or a partys agent, or from any participant or a participants agent 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 applies regardless of whether the officer accepts, solicits, or directs the contribution on the officers own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. With respect to elected officers, this prohibition applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(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) ($250), other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officers 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 a partys agent, or from any participant or a participants 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. With respect to elected officers, this subdivision applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(d) (1) If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer makes any decision or knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, whichever comes last, the officer shall be permitted to participate in the proceeding.(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.(B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.(C) An officers controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.(e) (1) 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 the partys agent.(2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.(3) 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 this section.(f) An agenda for a proceeding that is a public meeting shall include a notice regarding the requirements of paragraphs (1) and (2) of subdivision (e). The notice shall be in substantially the following form:Parties to a proceeding are required to disclose if they made contributions over $250 within the prior 12 months to a decisionmaker. If a decisionmaker accepted more than $250 during the 12 months preceding the decision, the decisionmaker is required to recuse themself from the decision. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.(g) (1) For purposes of this section, in determining whether a contribution has exceeded two hundred and fifty dollars ($250), the contributions of an agent shall not be aggregated with contributions from a party or a participant.(2) An agent of a party or a participant may not make a contribution in any amount to an officer during the time periods established in paragraph (2) of subdivision (e).(3) Paragraphs (1) and (2) of this subdivision are not severable from one another. If either paragraph (1) or paragraph (2) of this subdivision is held invalid in a final decision of a court of competent jurisdiction, the other of those provisions shall become inoperative on the date of that final decision.(h) (1) A person is the agent of a party to, or a participant in, a pending proceeding involving a license, permit, or other entitlement for use only if the person represents that party or participant for compensation or otherwise communicates with agency for the purpose of influencing the proceeding on behalf of a party or participant.(2) If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are agents.(3) Agent includes a lobbyist registered with the local jurisdiction who otherwise meets the requirements of paragraph (1).(4) Communicate with the agency for the purpose of influencing the proceeding does not include either of the following:(A) Preparing drawings or submissions of an architectural, engineering, or similar nature for a client to submit in a proceeding before the agency if both of the following conditions are met:(i) The work is performed pursuant to the persons profession.(ii) The person does not make any contact with the agency other than contact with agency staff concerning the process or evaluation of the documents prepared by the person.(B) Providing technical data or analysis to an agency if the person does not otherwise engage in direct communication for the purpose of influencing the proceeding.(g)(i) This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported.
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 that person 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, the Legislature, the 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) (A) License, Except as provided in subparagraph B, 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), contracts, and all franchises.(B) License, permit, or other entitlement for use does not include any of the following:(i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded to the highest or lowest responsible bidder with a responsive bid.(ii) Labor contracts.(iii) Personal employment contracts.(iv) Contracts valued under $50,000.(v) Contracts where no party receives financial compensation.(vi) Contracts between two or more agencies.(vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement. Non-material modifications or amendments may be approved by agency staff.(viii) Periodic reviews or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less. Non-material modifications or amendments may be approved by agency staff.(ix) Modification of or amendments to contracts that are exempt under this subparagraph other than competitively bid contracts.(6) Contribution includes contributions to candidates and committees in federal, state, or local elections.(7) Pending in a proceeding involving a license, permit, or other entitlement for use means either of the following:(A) For an officer, when either of the following situations occurs:(i) Any item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body.(ii) The officer knows a proceeding involving a license, permit or other entitlement for use is before the agency for its decision or other action, and it is reasonably foreseeable the decision will come before the officer in the officer's decisionmaking capacity.(B) For a party or partys agent, or a participant or participants agent, when that proceeding is before the agency for its decision or other action.(b) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency agency, other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, shall not accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party or a partys agent, or from any participant or a participants agent 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 applies regardless of whether the officer accepts, solicits, or directs the contribution on the officers own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. With respect to elected officers, this prohibition applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(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) ($250), other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officers 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 a partys agent, or from any participant or a participants 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. With respect to elected officers, this subdivision applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.(d) (1) If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer makes any decision or knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, whichever comes last, the officer shall be permitted to participate in the proceeding.(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.(B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.(C) An officers controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.(e) (1) 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 the partys agent.(2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.(3) 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 this section.(f) An agenda for a proceeding that is a public meeting shall include a notice regarding the requirements of paragraphs (1) and (2) of subdivision (e). The notice shall be in substantially the following form:Parties to a proceeding are required to disclose if they made contributions over $250 within the prior 12 months to a decisionmaker. If a decisionmaker accepted more than $250 during the 12 months preceding the decision, the decisionmaker is required to recuse themself from the decision. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.(g) (1) For purposes of this section, in determining whether a contribution has exceeded two hundred and fifty dollars ($250), the contributions of an agent shall not be aggregated with contributions from a party or a participant.(2) An agent of a party or a participant may not make a contribution in any amount to an officer during the time periods established in paragraph (2) of subdivision (e).(3) Paragraphs (1) and (2) of this subdivision are not severable from one another. If either paragraph (1) or paragraph (2) of this subdivision is held invalid in a final decision of a court of competent jurisdiction, the other of those provisions shall become inoperative on the date of that final decision.(h) (1) A person is the agent of a party to, or a participant in, a pending proceeding involving a license, permit, or other entitlement for use only if the person represents that party or participant for compensation or otherwise communicates with agency for the purpose of influencing the proceeding on behalf of a party or participant.(2) If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are agents.(3) Agent includes a lobbyist registered with the local jurisdiction who otherwise meets the requirements of paragraph (1).(4) Communicate with the agency for the purpose of influencing the proceeding does not include either of the following:(A) Preparing drawings or submissions of an architectural, engineering, or similar nature for a client to submit in a proceeding before the agency if both of the following conditions are met:(i) The work is performed pursuant to the persons profession.(ii) The person does not make any contact with the agency other than contact with agency staff concerning the process or evaluation of the documents prepared by the person.(B) Providing technical data or analysis to an agency if the person does not otherwise engage in direct communication for the purpose of influencing the proceeding.(g)(i) This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported.
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 that person 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, the Legislature, the 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) (A) License, Except as provided in subparagraph B, 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), contracts, and all franchises.
(B) License, permit, or other entitlement for use does not include any of the following:
(i) Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded to the highest or lowest responsible bidder with a responsive bid.
(ii) Labor contracts.
(iii) Personal employment contracts.
(iv) Contracts valued under $50,000.
(v) Contracts where no party receives financial compensation.
(vi) Contracts between two or more agencies.
(vii) The periodic review or renewal of development agreements unless there is a material modification or amendment proposed to the agreement. Non-material modifications or amendments may be approved by agency staff.
(viii) Periodic reviews or renewal of competitively bid contracts unless there are material modifications or amendments proposed to the agreement that are valued at more than 10 percent of the value of the contract or fifty thousand dollars ($50,000), whichever is less. Non-material modifications or amendments may be approved by agency staff.
(ix) Modification of or amendments to contracts that are exempt under this subparagraph other than competitively bid contracts.
(6) Contribution includes contributions to candidates and committees in federal, state, or local elections.
(7) Pending in a proceeding involving a license, permit, or other entitlement for use means either of the following:
(A) For an officer, when either of the following situations occurs:
(i) Any item involving the license, permit, or other entitlement for use is placed on the agenda for discussion or decision at a public meeting of the body.
(ii) The officer knows a proceeding involving a license, permit or other entitlement for use is before the agency for its decision or other action, and it is reasonably foreseeable the decision will come before the officer in the officer's decisionmaking capacity.
(B) For a party or partys agent, or a participant or participants agent, when that proceeding is before the agency for its decision or other action.
(b) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency agency, other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, shall not accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party or a partys agent, or from any participant or a participants agent 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 applies regardless of whether the officer accepts, solicits, or directs the contribution on the officers own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. With respect to elected officers, this prohibition applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.
(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) ($250), other than a city attorney or county counsel providing legal advice to the agency who does not have the authority to make a final decision in the proceeding, from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officers 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 a partys agent, or from any participant or a participants 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. With respect to elected officers, this subdivision applies only if the elected officer or the body of which they are a member has authority to make any decision or recommendation in the proceeding.
(d) (1) If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer makes any decision or knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, whichever comes last, the officer shall be permitted to participate in the proceeding.
(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.
(B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.
(C) An officers controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.
(e) (1) 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 the partys agent.
(2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.
(3) 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 this section.
(f) An agenda for a proceeding that is a public meeting shall include a notice regarding the requirements of paragraphs (1) and (2) of subdivision (e). The notice shall be in substantially the following form:
Parties to a proceeding are required to disclose if they made contributions over $250 within the prior 12 months to a decisionmaker. If a decisionmaker accepted more than $250 during the 12 months preceding the decision, the decisionmaker is required to recuse themself from the decision. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
(g) (1) For purposes of this section, in determining whether a contribution has exceeded two hundred and fifty dollars ($250), the contributions of an agent shall not be aggregated with contributions from a party or a participant.
(2) An agent of a party or a participant may not make a contribution in any amount to an officer during the time periods established in paragraph (2) of subdivision (e).
(3) Paragraphs (1) and (2) of this subdivision are not severable from one another. If either paragraph (1) or paragraph (2) of this subdivision is held invalid in a final decision of a court of competent jurisdiction, the other of those provisions shall become inoperative on the date of that final decision.
(h) (1) A person is the agent of a party to, or a participant in, a pending proceeding involving a license, permit, or other entitlement for use only if the person represents that party or participant for compensation or otherwise communicates with agency for the purpose of influencing the proceeding on behalf of a party or participant.
(2) If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are agents.
(3) Agent includes a lobbyist registered with the local jurisdiction who otherwise meets the requirements of paragraph (1).
(4) Communicate with the agency for the purpose of influencing the proceeding does not include either of the following:
(A) Preparing drawings or submissions of an architectural, engineering, or similar nature for a client to submit in a proceeding before the agency if both of the following conditions are met:
(i) The work is performed pursuant to the persons profession.
(ii) The person does not make any contact with the agency other than contact with agency staff concerning the process or evaluation of the documents prepared by the person.
(B) Providing technical data or analysis to an agency if the person does not otherwise engage in direct communication for the purpose of influencing the proceeding.
(g)
(i) This section shall not 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.
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.
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.
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