Bill Text: CA AB551 | 2017-2018 | Regular Session | Chaptered
Bill Title: Political Reform Act of 1974: postemployment restrictions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-09-01 - Chaptered by Secretary of State - Chapter 196, Statutes of 2017. [AB551 Detail]
Download: California-2017-AB551-Chaptered.html
| Assembly Bill No. 551 |
| CHAPTER 196 |
An act to amend Section 87406.3 of the Government Code, relating to the Political Reform Act of 1974.
[
Approved by
Governor
September 01, 2017.
Filed with
Secretary of State
September 01, 2017.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 551, Levine.
Political Reform Act of 1974: postemployment restrictions.
The Political Reform Act of 1974 prohibits, for a period of one year after the official leaves his or her position, elected and other specified local officials who held positions with a local government agency, as defined, from acting as agents or attorneys for, or otherwise representing, for compensation, any other person, by appearing before, or communicating with, that local government agency, or any committee, subcommittee, or present member of that local government agency, or any officer or employee of the local government agency, if the appearance or communication is made for the purpose of influencing administrative or legislative action, as specified, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. Existing law excludes from this prohibition
appearances and communications by a board member, officer, or employee of another local government agency, or an employee or representative of a public agency, as specified, if the individual is appearing or communicating on behalf of that agency.
This bill would specify that the one-year prohibition applies to independent contractors of a local government agency or a public agency who are appearing or communicating on behalf of that agency. The bill would also make other nonsubstantive changes.
A violation of the act is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 87406.3 of the Government Code is amended to read:87406.3.
(a) A local elected official, chief administrative officer of a county, city manager, or general manager or chief administrator of a special district who held a position with a local government agency as defined in Section 82041 shall not, for a period of one year after leaving that office or employment, act as agent or attorney for, or otherwise represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to, that local government agency, or any committee, subcommittee, or present member of that local government agency, or any officer or employee of the local government agency, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.(b) (1) Subdivision (a) does not apply to an individual who is, at the time of the appearance or communication, a board member, officer, or employee of another local government agency or an employee or representative of a public agency and is appearing or communicating on behalf of that agency.
(2) Subdivision (a) applies to an individual who is, at the time of the appearance or communication, an independent contractor of a local government agency or a public agency and is appearing or communicating on behalf of that agency.
(c) This section does not preclude a local government agency from adopting an ordinance or policy that
restricts the appearance of a former local official before that local government agency if that ordinance or policy is more restrictive than subdivision (a).
(d) Notwithstanding Sections 82002 and 82037, the following definitions apply for purposes of this section only:
(1) “Administrative action” means the proposal, drafting, development, consideration, amendment, enactment, or defeat by any local government agency of any matter, including any rule, regulation, or other action in any regulatory proceeding, whether quasi-legislative or quasi-judicial. Administrative action does not include any action that is solely ministerial.
(2) “Legislative action” means the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by
the legislative body of a local government agency or by any committee or subcommittee thereof, or by a member or employee of the legislative body of the local government agency acting in his or her official capacity.
