State Board of Equalization: members: conflicts of interest.

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 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 in an aggregate amount of $250 or more from a party to the proceeding, or from a participant in the proceeding the member knows or has reason to know 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 delete the $250 limitation and instead apply the above-described disclosure and disqualification provisions if a board member receives any contribution or has behested a payment that is reportable pursuant to the Political Reform Act from a party, participant, or agent, as provided. The bill would also prohibit a board member from accepting a contribution from a party, participant, or agent within the 3 months subsequent to a decision in the adjudicatory proceeding before the board in which the party or participant is involved, and in which the member made, participated in making, or in any way attempted to use his or her official position to influence the decision, except as provided. The bill would also require a party, participant, or agent that makes a contribution within 3 months subsequent to a decision in an adjudicatory proceeding in which the party or participant is involved, and in which the member made, participated in making, or in any way attempted to use his or her official position to influence the decision, to disclose to the board contributions to a member within 30 days. The bill would require the board to make all disclosures by a party, participant, or agent required by these provisions publicly available on its Internet Web site. By expanding 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.