2024.06.20 Attachment SB 1439 TrainingSB 1439
Limitation on
Campaign
Contributions
Board of Directors Training
Ryan R. Jones - Jones Mayer
SB 1439
•Effective January 1, 2023,
Government Code Section 84308
expands the regulation of the
acceptance of campaign
contributions in excess of $250
from donors involved in certain
matters before the local agency.
•Used to only apply to appointed
commissioners. Now it also
applies to elected officials.
General
Rule:
•If the donor has a matter pending before the agency, or is a participant with a legal interest in the proceeding, and the official received a campaign contribution from the donor in excess of $250 in the prior 12 months, the official must:
1.Publicly disclose the contribution;
and
2. Not in any way participate in the decision of the matter.
•The donor must disclose the contribution on the record.
•In the 12 months following the decision, a local official cannot receive campaign contributions in excess of $250 from a donor with an economic interest in the governmental decision.
What
decisions
are
affected?
•All decisions affecting an application for a “license, permit, or other entitlement for use.”
•This means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use.
•All contracts (other than competitively bid, labor, or personal employment contracts), and all franchises.
Exceptions:
•Lack of Actual or Constructive Knowledge. 2 CCR 18438.7 provides guidelines.
•Participation allowed if contribution returned within 30 days of when the officer knew or should have known about contribution/proceeding.
•Can return contribution made within 12 months after a proceeding within 14 days of receiving it if officer did not knowingly and willfully accept, solicit or direct the contribution.
Questions?