The Controversial California Pay To Play Bill: What You Need To Know

The California Pay To Play bill, also known as SB 1243, has been a controversial piece of legislation that has seen both support and opposition from various groups and lawmakers in the state. Here is an in-depth look at what exactly this bill entails, its history, and the debate surrounding it.

What is the California Pay To Play Bill?

The California Pay To Play bill, introduced by Senator Bill Dodd, proposes to amend an existing law passed in 2022 that placed limits on campaign contributions from certain groups to local elected officials. The 2022 law prohibited entities like businesses, contractors, and lobbyists that have matters pending before local officials, like permits or licenses, from donating over $250 to those officials’ campaigns within a specified time period

The current SB 1243 bill aims to revise these limits in a few key ways

  • Raises the contribution limit from $250 to $1000
  • Lengthens the time period restrictions for donations from 12 months to 18 months
  • Exempts certain groups like housing developers and labor unions from the restrictions

Essentially, this bill would allow more leeway for interested parties like developers and contractors to contribute larger amounts to the campaigns of officials who oversee their project approvals and permits. Supporters argue this will even the playing field, while opponents believe it enables “pay to play” practices and political corruption.

A Brief History: The Path to Passing the 2022 Law

The 2022 law placing tighter restrictions on local campaign donations was passed in response to multiple high-profile “pay to play” scandals in California cities like Los Angeles and Huntington Park. These cases saw city officials allegedly accepting bribes and kickbacks in exchange for awarding lucrative contracts and permits to certain developers and businesses.

The law was authored by Senator Steven Glazer, who argued it was needed to combat corruption and rebuild public trust. It passed unanimously through the state legislature in 2022 and went into effect January 2023.

However, it was quickly met with a lawsuit from business groups who argued it was unconstitutional. While the business groups lost their suit in May 2023, they continued lobbying state lawmakers for changes, which led to Senator Dodd’s SB 1243 bill proposing to amend the law.

The Debate: Supporters vs Opponents of Changing the Law

The SB 1243 bill has sparked heated debate, both among lawmakers and interest groups in the state.

Supporters of the bill include:

  • Sen. Bill Dodd and other legislators who voted for changes, arguing the 2022 law needs amending to avoid unintended consequences.

  • Developers and construction groups like the California Building Industry Association, who say the low limits unfairly restrict their participation and favor wealthy self-financed candidates.

  • Labor unions like the California Labor Federation, who secured exemptions from the tighter restrictions.

Opponents of the bill include:

  • Sen. Steven Glazer, author of the 2022 law, who strongly opposes any efforts to dilute the limits and says it will enable corruption.

  • Good government groups like California Common Cause, who argue the changes reopen the door to special interest influence and “pay to play” practices.

  • Some local elected officials, who believe the lower limits help combat perceived corruption.

Proponents of the changes say the higher limits and carve-outs for groups like housing developers are necessary to allow reasonable donations and avoid stifling participation. Opponents counter that diluting the law so soon after passage unravels important reforms before they have a chance to work.

The Bill’s Path Through the State Legislature

The SB 1243 bill passed its first test in the Senate Elections Committee in April 2024, although the committee chair Senator Catherine Blakespear voted against it citing concerns. However, with Senator Dodd refusing amendments, the bill moved forward backed by the real estate and construction lobby.

The bill will need a two-thirds majority vote in both the full State Senate and Assembly to pass, which observers note will be challenging given the strong opposition. If successful, the measure will then proceed to Governor Gavin Newsom’s desk.

However, the bill faces time pressure, as it has to clear the legislature by the end of August 2024 or it dies. This short window, an upcoming election season, and thecoordinated pushback from reform advocacy groups adds complexity to the bill’s outlook.

The Stakes: Implications of Potential Changes

If passed into law, the SB 1243 bill would have significant implications for state and local politics in California. The loosening of limitations on campaign donations to local elected officials could reshape the dynamics between special interests, developers, and city councils.

Additionally, the exemptions for certain groups like housing developers could fundamentally alter how real estate projects get approved in cities across the state. Unions would also benefit.

On the other hand, if the bill fails to pass the legislature in some form or is vetoed by the Governor, it would be a major victory for grassroots advocates of getting special interest money out of politics. However, the existing 2022 law would remain controversial.

Regardless of the outcome, the heated debate over this bill has illuminated the tensions between lawmakers seeking to regulate money in politics versus boost affordable housing production and economic development. How these priorities get balanced will significantly impact the state in the years to come.

The California Pay To Play bill remains one of the most hotly contested legislative measures in Sacramento right now. While its final fate remains uncertain, it provides a fascinating case study on the intersection between campaign finance laws and special interest influence in the state. Close observers await the next rounds of this ongoing saga with great interest.

California Pay To Play Bill

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Existing Provisions Remain in Place Through 2024 Election Year

Governor Newsom signed a bill on September 30 that will update the State’s “pay to play” campaign contribution law commonly known as the “Levine Act” starting on January 1, 2025.

The Levine Act currently prohibits agency officers from accepting, soliciting or directing a contribution of more than $250 from a party or participant (or their agents) (1) while a proceeding involving a license, permit, or other entitlement for use, including most contracts, is pending before the agency and (2) for 12 months after a decision. The law also contains disclosure, recusal, and other requirements applicable to an officer who has received such contributions, and similar requirements applicable to parties, participants, and their agents.

Senate Bill 1243 (“SB 1243”) will make the following changes to the Levine Act in 2025:

  • Raises the threshold for covered contributions to officers from $250 to $500;
  • Extends from 14 days to 30 days the period during which an officer can return and “cure” a contribution in excess of the threshold that the officer accepted, solicited, or received during the 12 months following a final decision on a license, permit or entitlement;
  • Establishes that the term “participant” excludes individuals whose only financial interest results from a change in membership dues; and
  • Codifies that the term “pending,” as it relates to the officer, is when:
    • The item involving the license, permit, or other entitlement for use is placed on the agenda; or
    • The officer knows such license, permit, or other entitlement for use is within the jurisdiction of the officer’s agency, and it is reasonably foreseeable that the decision will come before the officer for a decision.
  • Excludes the following contracts from the definition of “licenses, permits, or other entitlements for use” for the purposes of the Act:
    • Contracts under $50,000;
    • Contracts between two or more government agencies;
    • Contracts where no party receives financial compensation; and
    • Periodic review or renewal of development agreements or competitively bid contracts with non-material modifications.

Additionally, SB 1243 exempts a city attorney or county counsel from the definition of “officer” covered by the Act if the attorney’s role in the decision is solely to provide legal advice and the attorney has no authority to make a final decision in the proceeding.

The current provisions of the Levine Act, including the $250 contribution amount, remain in effect through 2024, and certain prohibitions or requirements arising from existing law may continue for up to 12 months after the law is updated as of January 1, 2025. As it did with the major update to the Levine Act in 2023, the Fair Political Practices Commission will likely need to provide guidance on certain timing issues for 2025 contributions that may relate to 2024 proceedings.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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FAQ

Is there a no pay no play law in California?

California is a “no pay, no play” state, which prevents an uninsured not-at-fault driver from suing an insured at-fault driver for non-economic damages, such as pain and suffering or inconvenience.

What is the pay to play rule limit?

Officials are prohibited from accepting, soliciting, or directing a contribution exceeding $250 from a party or participant for 12 months after the final decision of a proceeding.

What is the California pay Transparency Act?

California’s salary range disclosure law requires employers to post salary ranges on all active job postings. Starting Jan. 1, 2023, employers in California with 15 or more employees must disclose a pay range in every job posting.

What is the Levine Act in California?

California Government Code Section 84308 (the “Levine Act”) prohibits any officer of the City of Lincoln (defined as an elected or appointed officer, alternate, and any candidate for elected office) from participating in any consideration or action related to a proceeding if they receive political contribution(s) from …

Will a 2022 ‘pay to play’ law change California?

A 2022 law seeks to curb California ‘pay to play’ by local elected officials. A bill would significantly change it.

Are California students protected under the fair pay to play act?

This ensures that California students are protected under the Fair Pay to Play Act following new rule changes by the National Collegiate Athletic Association (NCAA) that allow colleges and universities to develop their own rules in states without name, image and likeness laws, or in states where laws are not yet in effect.

Will California lawmakers gut ‘pay to play’ law?

California Ok’d a law to stop ‘pay to play’ in local politics. Now, legislators may gut it State lawmakers on the Assembly floor at the state Capitol in Sacramento on April 29, 2024. Photo by Miguel Gutierrez Jr., CalMatters

Will California stop ‘pay to play’ in local politics?

California passed a law to stop ‘pay to play’ in local politics. After two years, legislators want to gut it State lawmakers on the Assembly floor at the state Capitol in Sacramento on April 29, 2024. (Miguel Gutierrez Jr., CalMatters) By BY YUE STELLA YU | CalMatters

Who signed the fair pay to play act?

Governor Newsom signed the Fair Pay to Play Act in 2019 alongside authors Senator Skinner and Senator Bradford, as well as NBA legend LeBron James, UCLA gymnast Katelyn Ohashi, WNBA star Diana Taurasi, former UCLA basketball player Ed O’Bannon and Rich Paul.

When does the fair pay to play Act take effect?

Under SB 26, the Fair Pay to Play Act will take effect on Sept. 1, 2021, ahead of the original January 2023 implementation date.

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