Bill Text: CA AB573 | 2009-2010 | Regular Session | Chaptered
Bill Title: California Council on Science and Technology: fellows.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 117, Statutes of 2009. [AB573 Detail]
Download: California-2009-AB573-Chaptered.html
BILL NUMBER: AB 573 CHAPTERED
BILL TEXT
CHAPTER 117
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JULY 9, 2009
PASSED THE ASSEMBLY JUNE 3, 2009
AMENDED IN ASSEMBLY APRIL 28, 2009
INTRODUCED BY Assembly Member Portantino
(Coauthors: Assembly Members Buchanan, Conway, and Fletcher)
FEBRUARY 25, 2009
An act to add Section 8924.5 to the Government Code, relating to
the Legislature, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 573, Portantino. California Council on Science and Technology:
fellows.
Existing law, commonly known as the code of ethics, prohibits a
Member of the Legislature or an employee of either house of the
Legislature from receiving or agreeing to receive, directly or
indirectly, any compensation, reward, or gift from any source except
the State of California for any service, advice, assistance, or other
matter related to the legislative process, except for specified
circumstances.
This bill would clarify that the services of a California Science
and Technology Policy Fellow provided by the California Council on
Science and Technology and duly authorized by the Senate Committee on
Rules, the Assembly Committee on Rules, or the Joint Committee on
Rules are not compensation, a reward, or a gift to a Member of the
Legislature for purposes of the so-called code of ethics. The bill
would also provide that such a fellow is not an employee of either
house of the Legislature for purposes of the code of ethics. In
addition, the bill would require that a fellow 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. The bill would further require the council to
execute an agreement for a 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.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) In 1988, the Legislature adopted Assembly Concurrent
Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988)
in which the Legislature requested the President of the University of
California, in collaboration with the presidents of the University
of Southern California, the California Institute of Technology, and
Stanford University and the Chancellor of the California State
University, to establish, within one year, the California Council on
Science and Technology for the purpose of reporting to the presidents
and the chancellor and responding appropriately to the Governor, the
Legislature, and other relevant entities on public policy issues
significantly related to science and technology.
(b) In response, the council was organized as a nonprofit
corporation pursuant to Section 501(c)(3) of the Internal Revenue
Code and has operated for 20 years providing expert, unbiased advice
to various agencies of state government in connection with science
and technology policy issues.
(c) The council proposes to fund and administer, at no cost to the
state, the California Science and Technology Policy Fellowships in
which, commencing in 2009, the council would place Ph.D.-level, or
equivalent, scientists, engineers, and other experts in legislative
offices for the purpose of providing Members, committees, and
legislative staff with unbiased advice in connection with science and
technology-related legislation.
(d) The California Science and Technology Policy Fellowships would
be modeled after, and adapted for California from, the 35-year-old
Science and Technology Policy Fellowships Program administered for
the benefit of the United States Congress by the American Association
for the Advancement of Science, an international nonprofit
organization dedicated to advancing science around the world for
societal benefit.
(e) The California Science and Technology Policy Fellowships would
be the first professional development program in the nation that
places Ph.D.-level, or equivalent, science and technology experts in
state legislative offices through a formal fellowship program.
(f) According to findings of the National Academy of Sciences in
its 2008 publication "State Science and Technology Policy Advice,"
the United States is entering a new era of scientific and
technological development in which state governments will assume a
greater role in establishing science and technology policy than in
the past.
(g) Given that California's legislators must address multifaceted
policy issues with increasingly complex and interrelated components
based on science and technology, including, but not limited to,
biotechnology, nanotechnology, energy, water, transportation, and
health care, it is vitally important that the Members receive the
benefit of unbiased advice from science and technology experts so
that the Legislature may make informed decisions on those issues.
(h) It is the narrow intent of the Legislature in enacting this
act to clarify that a Member of the Legislature, in receiving the
benefit of the services of a California Science and Technology Policy
Fellow provided by the council under this professional development
program, is not receiving compensation, a reward, or a gift for
purposes of the code of ethics contained in Article 2 (commencing
with Section 8920) of Chapter 1 of Part 1 of Division 2 of Title 2 of
the Government Code; and it is the further narrow intent of the
Legislature to provide that a California Science and Technology
Policy Fellow provided by the council is not an employee of either
house of the Legislature for purposes of that code of ethics but will
be subject to standards of conduct specified by the Legislature.
SEC. 2. Section 8924.5 is added to the Government Code, to read:
8924.5. (a) The Legislature finds and declares that the
California Council on Science and Technology was organized as a
nonprofit corporation pursuant to Section 501(c)(3) of the Internal
Revenue Code in response to Assembly Concurrent Resolution No. 162
(Resolution Chapter 148 of the Statutes of 1988). The council was
uniquely established at the request of the Legislature for the
specific purpose of offering expert advice to state government on
public policy issues significantly related to science and technology.
The establishment of the California Science and Technology Policy
Fellowships as a professional development program is consistent with
the Legislature's intent in requesting the creation of the council
and is expressly designed to fulfill the council's mission of
assisting state policymakers as they face increasingly complex
decisions related to science and technology challenges confronting
the state in the 21st century.
(b) The services of a California Science and Technology Policy
Fellow provided by the California Council on Science and Technology
and duly authorized by the Senate Committee on Rules, the Assembly
Committee on Rules, or the Joint Committee on Rules are not
compensation, a reward, or a gift to a Member of the Legislature for
purposes of paragraph (4) of subdivision (b) of Section 8920.
(c) A California Science and Technology Policy Fellow provided by
the California Council on Science and Technology and duly authorized
by the Senate Committee on Rules, the Assembly Committee on Rules, or
the Joint Committee on Rules is not an employee of either house of
the Legislature for purposes of this article.
(d) For purposes of this section, a California Science and
Technology Policy Fellow is "duly authorized by the Senate Committee
on Rules, the Assembly Committee on Rules, or the Joint Committee on
Rules" only if both of the following requirements are satisfied:
(1) The California Science and Technology Policy Fellow has been
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.
(2) The California Council on Science and Technology has executed
an agreement with the Senate Committee on Rules, the Assembly
Committee on Rules, or the Joint Committee on Rules whereby the
California Science and Technology Policy Fellow is 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.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for the Legislature to begin receiving the benefit of the
expert advice of California Science and Technology Policy Fellows
provided by the California Council on Science and Technology as soon
as possible so that the Legislature may make informed decisions on
the various urgent science and technology issues confronting the
state, it is necessary that this act take effect immediately.
