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AB-2946 District discretionary funds: County of Orange.(2023-2024)

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Date Published: 09/16/2024 02:00 PM
AB2946:v93#DOCUMENT

Assembly Bill No. 2946
CHAPTER 249

An act to add Section 26227.5 to the Government Code, relating to local government.

[ Approved by Governor  September 14, 2024. Filed with Secretary of State  September 14, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2946, Valencia. District discretionary funds: County of Orange.
Existing law authorizes a county board of supervisors to appropriate and expend county general fund money to establish county programs or fund other programs to meet various social needs of the county population and the needs of physically, mentally, and financially handicapped persons and aged persons. Existing law authorizes the board of supervisors to contract with other public agencies, private agencies, or individuals to operate programs that the board of supervisors determines will serve public purposes.
This bill would prohibit an Orange County Board of Supervisors member from awarding district discretionary funds to a community organization or a nonprofit organization unless the board of supervisors approves, by a majority vote, that award. The bill would require the Orange County Board of Supervisors to post on its internet website a log of appropriated district discretionary funds at the end of each quarter, as specified. The bill would prohibit, within the 90 days preceding an election, an Orange County Board of Supervisors member who is on the ballot as an Orange County Board of Supervisors member candidate and has an opponent on that ballot from taking any action related to spending district discretionary funds, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 26227.5 is added to the Government Code, to read:

26227.5.
 (a) For purposes of this section, the following definitions apply:
(1) “Board” means the board of supervisors of the county.
(2) “County” means the County of Orange.
(3) “District discretionary funds” means funds that are appropriated by the board to individual members of the board and are intended to be awarded to community organizations and nonprofit organizations.
(b) A member of the board shall not award district discretionary funds to a community organization or a nonprofit organization unless the board approves, by a majority vote, that award.
(c) The board shall post on its internet website a log of appropriated district discretionary funds at the end of each quarter, including all of the following:
(1) The planned and actual costs of the program or project, including the indirect costs, that the district discretionary funds cover.
(2) The spending timeline of those funds.
(3) The purpose of program funding.
(4) The eligibility requirements to receive funding.
(5) Total dollars awarded to the entity that is contracted with the county.
(d) (1) Within the 90 days preceding an election, a member of the board who is on a ballot as a supervisor district candidate of the board and has an opponent on that ballot shall not take any action related to spending district discretionary funds, including, but not limited to, any of the following actions:
(A) Place an agenda item seeking approval to appropriate district discretionary funds on the agenda for a meeting of the board.
(B) Announce or participate in a press release announcing the awarding of district discretionary funds previously approved by the board.
(C) Participate in or make a ceremonial presentation awarding previously approved district discretionary funds.
(2) Notwithstanding paragraph (1), members of the board may attend events hosted by entities who received district discretionary funds, so long as the event is not directly held in the supervisor’s honor.
(e) Nothing in this section shall be construed to limit the existing authority of the board from adopting ordinances, rules, or regulations beyond the minimum requirements outlined in this section.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the necessity to ensure the integrity and transparency of county discretionary spending and the electoral process, while reducing the perception of corruption in the County of Orange. The proposed policy will provide guidelines and criteria for distributing district discretionary funds, while making it more difficult for elected officials to engage in potential quid pro quo corruption.