Bill Text: CA SB31 | 2011-2012 | Regular Session | Amended
Bill Title: Postgovernment employment: restrictions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-16 - Set, second hearing. Held in committee and under submission. [SB31 Detail]
Download: California-2011-SB31-Amended.html
BILL NUMBER: SB 31 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 27, 2012
AMENDED IN SENATE JANUARY 10, 2012
AMENDED IN SENATE JANUARY 4, 2012
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Correa
DECEMBER 6, 2010
An act to amend Section 87406.3 of the Government Code, relating
to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
SB 31, as amended, Correa. Postgovernment employment:
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.
This bill, in addition, would apply this prohibition to other
public officials serving as members of local governing boards or
commissions with decisionmaking authority.
Existing law makes a knowing or willful violation of the Political
Reform Act of 1974 a misdemeanor and subjects offenders to criminal
penalties.
This bill would impose a state-mandated local program by creating
an additional crime.
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 and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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, general manager or chief
administrative officer of a city or county, general manager or chief
administrator of a special district, or other public official serving
as a member of a local governing board or commission with
decisionmaking authority 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) Subdivision (a) shall not apply to either of the following:
(1) 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) An individual who is a member of a local governing
board or commission that is solely advisory.
(c) Nothing in this section shall 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 shall 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.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 3. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.
