Bill Text: CA AB2573 | 2023-2024 | Regular Session | Amended
Bill Title: Policy fellows: status of services: associations.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed) 2024-06-20 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R. [AB2573 Detail]
Download: California-2023-AB2573-Amended.html
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Amended
IN
Senate
June 20, 2024 |
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Amended
IN
Assembly
May 06, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2573
| Introduced by Assembly Members Mike Fong and Lee (Coauthors: Assembly Members Kalra, Low, Muratsuchi, and Stephanie Nguyen) |
February 14, 2024 |
An act to add Sections 8924.8, 18000.8, 18599.8, and 89504.8 to the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2573, as amended, Mike Fong.
Policy fellows: status of services: nonprofit organizations. associations.
Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature, state elective or appointive officer, or judge or justice from having any interest, engaging in any business, transaction, or professional activity, or incurring any obligation that is in substantial conflict with the proper discharge of their duties in the public interest and of their responsibilities, as specified. Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures, and regulates the making of gifts to public officials. Existing law, the State Civil Service Act, creates the Department of Human Resources and grants to the department the powers, duties, and authority necessary to operate the state civil service system.
Existing law requires that a California Science and Technology Policy Fellow provided by the California Council on Science and Technology (CCST) be selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules and requires the CCST to execute an agreement for a policy fellow to be bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules, to be considered duly authorized by those rules committees. Under existing law, for purposes of the code of ethics, the services of a duly authorized policy fellow provided by the CCST are not compensation, a reward, or a gift to a Member of the Legislature and are not an interest, business, transaction, professional activity, or obligation of a Member of the Legislature, state
elective or appointive officer, judge, or justice that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities, and a policy fellow is not an employee of either house of the Legislature. Existing law also provides that the services of a duly authorized policy fellow duly authorized by an executed memorandum of understanding between the CCST and an executive branch agency or department
are not a gift for purposes of the Political Reform Act of 1974 and not compensation of a state elective or appointive officer, and the policy fellow is not included in “state civil service” for the purposes of the State Civil Service Act. Act, as specified.
The bill would provide that the services of a policy fellow provided by a nonprofit organization, an association,
as defined, are not compensation, a reward, a gift, an interest, a business, a transaction, a professional activity, or an obligation, and a policy fellow is not an employee of the Legislature or included in the state civil service, similar to the above described above-described provisions that apply to a California Science and Technology Policy Fellow provided by the CCST. The bill would also provide that those services, when provided to a state agency for purposes of assisting with official agency business, do not constitute a gift under the Political Reform Act of 1974.
The bill would state that these provisions are declaratory of existing law.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8924.8 is added to the Government Code, to read:8924.8.
(a) The services of a policy fellow provided by(b) (1) The services of a policy fellow provided by a nonprofit organization and duly authorized by an executed memorandum of understanding between the nonprofit organization and an executive branch agency or department an association are not an interest, business, transaction, professional activity, or obligation of a state elective or appointive officer that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities for purposes of subdivision (a) of Section 8920.
(2) The services of a policy fellow provided by a nonprofit organization and duly authorized by an executed memorandum of understanding between the nonprofit organization
and a judicial branch agency or department an association are not an interest, business, transaction, professional activity, or obligation of a judge or justice that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities for purposes of subdivision (a) of Section 8920.
(c) A policy fellow provided by a nonprofit organization an association is not an employee of either house of the Legislature for purposes of this article.
(d) For
purposes of this section, “nonprofit organization”
“association” means an organization any of the following organizations that is are exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code. Code:
(1) The Asian Pacific Islander Capitol Association.
(2) The California Legislative Black Staff Association.
(3) The Capitol LGBTQ Association.
(4) The California Latino Capitol Association Foundation.
(e) This section does not constitute a change in, but is declaratory of, existing law.
SEC. 2.
Section 18000.8 is added to the Government Code, to read:18000.8.
(a) The services of a policy fellow provided by(b)For purposes of this section, a policy fellow provided by a nonprofit organization is “duly authorized by an executed memorandum of understanding between the nonprofit organization and an executive branch agency or department” only if both of the following requirements are satisfied:
(1)The policy fellow has been selected according to criteria, and pursuant to a process, included in the executed memorandum of understanding between the nonprofit organization and an executive branch agency or department.
(2)A nonprofit organization has executed an agreement with an executive branch agency or department whereby the policy fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state.
(c)
(b) For purposes of this section, “nonprofit organization”
“association” means an organization any of the following organizations that is are exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code. Code:
(1) The Asian Pacific Islander Capitol Association.
(2) The California Legislative Black Staff Association.
(3) The Capitol LGBTQ Association.
(4) The California Latino Capitol Association Foundation.
(c) This section does not constitute a change in, but is declaratory of, existing law.
SEC. 3.
Section 18599.8 is added to the Government Code, to read:18599.8.
(a) The “state civil service” does not include a policy fellow provided by(b)For purposes of this section, a policy fellow
provided by a nonprofit organization is “duly authorized by an executed memorandum of understanding between the nonprofit organization
and an executive branch agency or department” only if both of the following requirements are satisfied:
(1)The policy fellow has been selected according to criteria, and pursuant to a process, included in the executed memorandum of understanding between the nonprofit organization and an executive branch agency or department.
(2)A nonprofit organization has executed an agreement with an executive branch agency or department whereby the policy fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state.
(c)
(b) For purposes of this section, “nonprofit organization” “association” means an organization any of the following
organizations that is are exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code. Code:
(1) The Asian Pacific Islander Capitol Association.
(2) The California Legislative Black Staff Association.
(3) The Capitol LGBTQ Association.
(4) The California Latino Capitol Association Foundation.
(c) This section does not constitute a change in, but is declaratory of, existing law.
SEC. 4.
Section 89504.8 is added to the Government Code, to read:89504.8.
(a) The services of a policy fellow provided by(b) For the purposes of this section, “association” means any of the following organizations that are exempt from taxation
under Section 501(c)(3) of the federal Internal Revenue Code:
(1) The Asian Pacific Islander Capitol Association.
(2) The California Legislative Black Staff Association.
(3) The Capitol LGBTQ Association.
(4) The California Latino Capitol Association Foundation.
(c) This section does not constitute a change in, but is declaratory of, existing law.
