What Is the Levine Act?
The Levine Act, codified at Gov. Code § 84308, is California's primary anti-"pay-to-play" statute. Part of the Political Reform Act since 1982, it prevents public officials from being influenced by campaign contributions made by parties who appear before them for licenses, permits, contracts, and other entitlements for use.
The law creates a framework of disclosure, recusal, and refusal obligations designed to maintain the integrity of government decision-making and prevent the perception that political contributions can buy favorable outcomes.
2025 UPDATE — SB 1243 & SB 1181
Effective January 1, 2025, the contribution threshold was raised from $250 to $500, agents are now completely barred from contributing, the cure period was extended to 30 days, and key terms like "pending" and "agent" were redefined.
Who Does It Apply To?
The Levine Act governs the relationship between four categories of individuals and entities involved in government proceedings. Understanding your role is the first step toward compliance.
Officers
Elected and appointed officials of local government agencies — city council members, county supervisors, planning commissioners, school and special district board members.
Parties
Persons or entities directly involved in a proceeding — applicants for permits, licenses, contracts, or other entitlements for use.
Participants
Those who actively support or oppose a particular decision in a proceeding, even if not the direct applicant.
Agents
Attorneys, architects, engineers, planners, political consultants, and others who represent parties or participants for compensation.
2022 Expansion: SB 1439 extended the Levine Act from appointed officials only to include elected officials for the first time, effective January 1, 2023.
Officer Obligations
Officers who receive contributions exceeding $500 from a party or participant in a proceeding must comply with three core duties. These obligations apply to proceedings involving licenses, permits, contracts (other than competitively bid), and other entitlements for use.
Disclose
Before participating in any decision, an officer who received a contribution over $500 in the preceding 12 months from a party or participant must disclose that fact on the record of the proceeding.
Recuse
If the officer knows or has reason to know that the contributor has a financial interest in the decision, the officer must not make, participate in making, or attempt to influence the decision.
Refuse
While the proceeding is pending and for 12 months after a final decision, an officer must not accept, solicit, or direct a contribution of more than $500 from the party or participant.
Remember
Officials with a Levine Act conflict of interest cannot make, participate in making, or attempt to influence any such proceeding. This includes behind-the-scenes advocacy.
Agent Restrictions (2025)
SB 1243 introduced significantly stricter rules for agents, effective January 1, 2025. These restrictions represent one of the most consequential changes to the Levine Act.
Complete Contribution Ban
Agents are now completely barred from making any contribution, in any amount, to elected or appointed officials while a proceeding is pending and for 12 months after a final decision is rendered.
Who qualifies as an agent?
Individuals or entities that represent a party or participant for compensation and appear before or communicate with an agency to influence the proceeding. This includes attorneys, architects, engineers, planners, and political consultants.
Firm-level liability
If an agent is an employee or member of a law, architectural, engineering, or consulting firm, both the individual and the firm are deemed "agents" and are subject to the contribution restrictions.
No aggregation with parties
Agent contributions are no longer aggregated with those of the parties or participants they represent. They are tracked independently.
Cure Provisions
The Levine Act provides mechanisms for officers to "cure" a violation by returning a disqualifying contribution, allowing them to participate in the decision.
| Scenario | Cure Period | Conditions |
|---|---|---|
| Pre-decision contribution received | 30 days | From when the officer makes any decision, or knows/should have known about the contribution and proceeding (whichever comes last) |
| Post-decision contribution (>$500 within 12 months after final decision) | 30 days | Return the contribution or the portion exceeding $500 within 30 days of accepting, soliciting, or directing it |
Important: The cure opportunity is only available if the officer did not knowingly and willfully accept the prohibited contribution, and the officer or committee keeps a record of curing the violation. The cure period was extended from 14 to 30 days by SB 1243.
Exemptions
Certain types of contracts and proceedings are exempt from the Levine Act's restrictions. Understanding these exemptions is critical to avoid over-compliance or unnecessary recusals.
Competitively bid contracts
Contracts awarded pursuant to a competitive process
Small contracts
Contracts valued under $50,000
No-compensation contracts
Contracts where no party receives financial compensation
Inter-agency contracts
Contracts between two or more public agencies
Development agreement renewals
Periodic review or renewal of development agreements, unless a material modification is proposed
Labor & employment contracts
Labor contracts and personal employment contracts
Additionally, public agency counsel (city attorneys, county counsel) who provide legal advice but do not have authority over final decision-making are excluded from the definition of "officer" under SB 1243.
Legislative Timeline
1982
Original Levine Act Enacted
Government Code § 84308 added to the Political Reform Act. Applied only to appointed officials. Contribution threshold: $250.
2022
SB 1439 — Expansion to Elected Officials
Extended the Levine Act to elected officers (city council, county supervisors, school boards). Prohibition period lengthened to 12 months after decision.
2023
SB 1439 Takes Effect (Jan 1)
Elected officials now subject to Levine Act requirements for the first time. New refuse-and-recuse obligations begin.
2024
SB 1243 & SB 1181 Signed
Governor Newsom signs further amendments on September 30, 2024. Comprehensive updates to definitions, thresholds, and agent rules.
2025
SB 1243 Takes Effect (Jan 1)
Threshold raised to $500. Agents completely barred from contributing. Cure period extended to 30 days. 'Pending' defined. FPPC adopts implementing regulations in March.
Common Scenarios
The following scenarios illustrate how the Levine Act applies in practice. These are for educational purposes only and do not constitute legal advice.
Resources & Contacts
FPPC — Pay-to-Play Limits (Section 84308)
Official guidance, quick guides, regulations, and advice letters from the Fair Political Practices Commission.
Quick Guide for Officers and Section 84308 (PDF)
FPPC's concise reference for public officials on their obligations under the Levine Act.
Quick Guide for Parties, Participants, Agents (PDF)
FPPC's reference for those appearing before government agencies.
Contact the FPPC
General Contact
(916) 322-5660
Advice Line
1-866-ASK-FPPC (866-275-3772)
Address
1102 Q Street, Suite 3050
Sacramento, CA 95811