Bill Text: CA SB698 | 2023-2024 | Regular Session | Chaptered
Bill Title: California Council on Science and Technology Policy Fellows: status of services.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-07-21 - Chaptered by Secretary of State. Chapter 112, Statutes of 2023. [SB698 Detail]
Download: California-2023-SB698-Chaptered.html
Senate Bill
No. 698
CHAPTER 112
An act to amend Section 8924.5 of, and to add Sections 18000.7, 18599.5, and 89504 to, the Government Code, relating to state government.
[
Approved by
Governor
July 21, 2023.
Filed with
Secretary of State
July 21, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 698, Wilk.
California Council on Science and Technology Policy Fellows: status of services.
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. Under existing law, 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 code of ethics, and the fellow is not an employee of either house of the Legislature for these purposes, provided that certain requirements are met.
This bill would similarly clarify that the services of
a California Science and Technology Policy Fellow duly authorized by an executed memorandum of understanding between the California Council on Science and Technology and an executive branch agency or department,
as specified, are not a gift for purposes of the Political Reform Act of 1974 and not compensation of a state elective or appointive officer. The bill would also similarly clarify that the fellow is not included in “state civil service” for the purposes of
the State Civil Service Act. The bill would state that these provisions are declaratory of existing law.
Existing law 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.
Under this bill, the services of a California Science and Technology Policy Fellow, as specified, would not be 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.
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 8924.5 of the Government Code is amended 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 and are not an interest, business, transaction, professional activity, or obligation of a Member of the Legislature 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) (1) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department 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 California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the
council and a judicial branch agency or department 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.
(d) 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.
(e) 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. 2.
Section 18000.7 is added to the Government Code, to read:18000.7.
(a) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department are not compensation of a state elective or appointive officer for the purposes of this article.(b) For purposes of this section, a California Science and Technology Policy Fellow is “duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department” 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, included in the executed memorandum of understanding between the council and an executive branch agency or department.
(2) The California Council on Science and Technology has executed an agreement with an executive branch agency or department 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 state.
(c) This section does not constitute a change in, but is declaratory of, existing law.
SEC. 3.
Section 18599.5 is added to the Government Code, to read:18599.5.
(a) The “state civil service” does not include a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department.(b) For purposes of this section, a California Science and Technology Policy Fellow is “duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department” 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,
included in the executed memorandum of understanding between the council and an executive branch agency or department.
(2) The California Council on Science and Technology has executed an agreement with an executive branch agency or department 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 state.
(c) This section does not constitute a change in, but is declaratory of, existing law.
SEC. 4.
Section 89504 is added to the Government Code, to read:89504.
(a) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department are not a gift to a state elective or appointive officer for the purposes of this article.(b) For purposes of this section, a California Science and Technology Policy Fellow is “duly authorized by an executed memorandum of understanding between the council and an executive branch agency or department” 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, included in the executed memorandum of understanding between the council and an executive branch agency or department.
(2) The California Council on Science and Technology has executed an agreement with an executive branch agency or department 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 state.
(c) This section does not constitute a change in, but is declaratory of, existing law.
