SB 1193

SB1193:v97#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1193

An act to add Section 26228 to the Government Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

SB 1193, as amended, Wahab. Discretionary funds: County of Alameda.

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.

Existing law prohibits 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 that award by a majority vote. Existing law requires 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. Existing law prohibits, within 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 prohibit the Alameda County Board of Supervisors, or a member of that board, Supervisors from awarding discretionary funds funds, as defined, to a community organization, nonprofit organization, or private entity, unless the board of supervisors approves that award by a majority vote and the contract for the award includes, among other things, performance metrics. The award includes a description of how the award provides resources of communitywide significance for the district that the member of the board requesting the award represents and identifies the public purposes, as defined, that the award will serve. The bill would prohibit the Alameda County Board of Supervisors from appropriating discretionary funds for an award that is not for a public purpose and from appropriating any funds in a way that allows a member, or less than a majority, of the board to appropriate funds, as specified.

The bill would require the Alameda County Board of Supervisors to post on its internet website a log of appropriated discretionary funds at the end of each quarter, as specified. The bill would prohibit, within 90 days before an election, an Alameda County Board of Supervisors member who is on the ballot as an Alameda County Board of Supervisors member candidate from taking any action related to spending discretionary funds, as specified. from, among other things, placing an agenda item seeking approval to appropriate discretionary funds on the agenda for a meeting of the board. The bill would prohibit discretionary funds from being awarded at a special meeting or on the consent calendar.

This bill would make legislative findings and declarations as to the necessity of a special statute for County of Alameda.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

Bill Text

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

SECTION 1.

Section 26228 is added to the Government Code, to read:

26228.

(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 Alameda.

(3) (A) “Discretionary funds” means funds that the board, or a member of the board, appropriates or less than a majority of the board, requests the board to award to community organizations, nonprofit organizations, and private entities. entities in their supervisorial district.

(B) “Discretionary funds” does not include any discretionary funds awarded to the Alameda Health System, as described in Section 101850 of the Health and Safety Code.(4) (A) “Public purpose” means the use of funds to further a program that provides health and human services, education, homelessness services, cultural resources, or other services to residents of a supervisorial district.(B) “Public purpose” does not include either of the following:(i) Awards to benefit an entity that does not provide health and human services, education, homelessness services, cultural resources, or other services to residents of a supervisorial district.(ii) Awards that fund travel and related expenses, marketing or economic development programs, or direct resources to a single private entity that does not provide any of the services described in subparagraph (A).

(b) The board shall, or a member of the board shall not, shall not award discretionary funds to a community organization, nonprofit organization, or private entity unless the board approves the award by a majority vote, and the contract for that award includes all award does both of the following:

(1)Transparency requirements.

(2)Performance metrics.

(3)Mechanisms for the board to enforce the provisions of the contract if the awardee does not comply with the provisions of the contract.

(4)A description of the public purpose of the discretionary funds.

(5)An explanation of how the discretionary funds will serve the district whose supervisor requested the funds.

(1) Includes a description of how the award provides resources of communitywide significance for the district that the member of the board requesting the award represents.(2) Identifies the public purposes that the award will serve.(c) The board shall not do either of the following:(1) Appropriate discretionary funds for an award that is not for a public purpose.(2) Appropriate any funds in a way that allows a member, or less than a majority, of the board to appropriate funds. Any awards to community organizations, nonprofit organizations, and private entities shall be made by a majority of the board and identify the specific entity that is being awarded the funds.

(c)

(d) The board shall post on its internet website a log of appropriated discretionary funds at the end of each quarter, which shall include all of the following:

(1) The planned and actual costs of the program or project, including the indirect costs, that the 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.

(6) The information described in subdivision (b).

(7) Any statements described in Chapter 7 (commencing with Section 87100) of Title 9 for supervisors or county staff supervisors, staff of a supervisor, local agency executives, as defined in subdivision (d) of Section 3511.1, or other similar administrative officers of the county that participated in the awarding of the funds.

(8) A link to an internet website describing the process for receiving and reviewing whistle blower complaints.

(d)

(e) (1) Within 90 days before an election, a member of the board who is on a ballot as a supervisor district candidate of the board shall not take any action related to spending discretionary funds, including, but not limited to, any of the following actions:

(A) Place an agenda item seeking approval to appropriate discretionary funds on the agenda for a meeting of the board.

(B) Announce or participate in a press release announcing the awarding of discretionary funds previously approved by the board.

(C) Participate in or make a ceremonial presentation awarding previously approved discretionary funds.

(2) Notwithstanding paragraph (1), members of the board may attend do either of the following:

(A) Attend events hosted by entities who received discretionary funds, if the event is not directly held in the supervisor’s honor.

(B) Vote on discretionary fund awards that benefit the county as a whole or other districts.

(e)

(f) Discretionary funds shall not be awarded at a special meeting or on the consent calendar.

(f)

(g) This section does not limit the existing authority of the board to adopt 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 unique necessity to ensure the integrity and transparency of county discretionary spending and the electoral process in the County of Alameda.