Bill Text: CA SB976 | 2015-2016 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: postgovernment employment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB976 Detail]
Download: California-2015-SB976-Amended.html
BILL NUMBER: SB 976 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Vidak
FEBRUARY 10, 2016
An act to amend Section 87406 of the Government Code, relating to
the Political Reform Act of 1974 , and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 976, as amended, Vidak. Political Reform Act of 1974:
postgovernment employment.
The Milton Marks Postgovernment Employment Restrictions Act of
1990 prohibits a Member of the Legislature, for a period of one year
after leaving office, from acting as a compensated agent or attorney
for, or otherwise representing, any other person by making
appearances before or communications with,
with the Legislature or its committees, present Members, or
officers or employees, if the appearance or communication is made for
the purpose of influencing legislative action.
This bill would extend the time period for these prohibitions
for a Member of the Legislature who resigns from office
to the conclusion of the next regular legislative
session that begins after the Member leaves office. 2
years commencing with the effective date of the resignation.
The bill would additionally prohibit a Member from engaging in the
above-described post legislative employment activities before the
Governor, or any officer or employee thereof.
Existing law prohibits an elected state officer, other than a
Member of the Legislature, for a period of one year after leaving
office, from acting as a compensated agent or attorney for, or
otherwise representing any other person by making any formal or
informal appearance, appearance or by
making any oral or written communication before any state
administrative agency, agency or any
officer or employee thereof, if the appearance or communication is
for the purpose of influencing specified administrative actions.
The bill would extend the time period for these prohibitions
for an elected state officer who resigns from office to
two 2 years after the final
date of the term to which the officer was elected.
commencing with the effective date of the resignation.
Because a violation of the act is punishable as a misdemeanor,
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 and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
This bill would declare that it is to take effect immediately as
an urgency statute.
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 of the
Government Code is amended to read:
87406. (a) This section shall be known, and may be cited, as the
Milton Marks Postgovernment Employment Restrictions Act of 1990.
(b) No (1) Except as
provided in paragraph (2), a Member of the Legislature, for a
period of one year after leaving office, shall not , for
compensation, act as agent or attorney for, or otherwise represent,
any other person by making any formal or informal appearance, or by
making any oral or written communication, before the Legislature, any
committee or subcommittee thereof, any present Member of the
Legislature or the Governor , or any officer or employee
thereof, if the appearance or communication is made for the purpose
of influencing legislative action.
(2) A Member of the Legislature who resigns from office, for a
period of two years commencing with the effective date of the
resignation, shall not, for compensation, act as agent or attorney
for, or otherwise represent, any other person by making any formal or
informal appearance, or by making any oral or written communication,
before the Legislature, any committee or subcommittee thereof, any
present Member of the Legislature or the Governor, or any officer or
employee thereof, if the appearance or communication is made for the
purpose of influencing legislative action.
(c) No (1) Except as
provided in paragraph (2), an elected state officer, other
than a Member of the Legislature, for a period of one year after
leaving office, shall not , for compensation, act as agent
or attorney for, or otherwise represent, any other person by making
any formal or informal appearance, or by making any oral or written
communication, before any state administrative agency, or any officer
or employee thereof, if the appearance or communication is for the
purpose of influencing administrative 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. For
(2) An elected state officer, other than a Member of the
Legislature, who resigns from office, for a period of two years
commencing with the effective date of the resignation, shall not, for
compensation, act as agent or attorney for, or otherwise represent,
any other person by making any formal or informal appearance, or by
making any oral or written communication, before any state
administrative agency, or any officer or employee thereof, if the
appearance or communication is for the purpose of influencing
administrative 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.
(3) For purposes of this
subdivision, an appearance before a "state administrative agency"
does not include an appearance in a court of law, before an
administrative law judge, or before the Workers' Compensation Appeals
Board.
(d) (1) No A designated employee of
a state administrative agency, any officer, employee, or consultant
of a state administrative agency who holds a position which entails
the making, or participation in the making, of decisions which may
foreseeably have a material effect on any financial interest, and no
member of a state administrative agency, for a period of one year
after leaving office or employment, shall not , for
compensation, act as agent or attorney for, or otherwise represent,
any other person, by making any formal or informal appearance, or by
making any oral or written communication, before any state
administrative agency, or officer or employee thereof, for which he
or she worked or represented during the 12 months before leaving
office or employment, 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. For purposes
of this paragraph, an appearance before a state administrative agency
does not include an appearance in a court of law, before an
administrative law judge, or before the Workers' Compensation Appeals
Board. The prohibition of this paragraph shall
only apply applies to designated
employees employed by a state administrative agency on or after
January 7, 1991.
(2) For purposes of paragraph (1), a state administrative agency
of a designated employee of the Governor's office includes any state
administrative agency subject to the direction and control of the
Governor.
(e) The prohibitions contained in subdivisions (b), (c), and (d)
shall not apply to any individual subject to this section who is or
becomes any of the following:
(1) An officer or employee of another state agency, board, or
commission if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
state agency, board, or commission.
(2) An official holding an elective office of a local government
agency if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
local government agency.
(f) This section shall become operative on January 1, 1991, but
only if Senate Constitutional Amendment No. 32 of the 1989-90 Regular
Session is approved by the voters. With respect to Members of the
Legislature whose current term of office on January 1, 1991, began in
December 1988, this section shall not apply until January 1, 1993.
SECTION 1. Section 87406 of the Government Code
is amended to read:
87406. (a) This section shall be known, and may be cited, as the
Milton Marks Postgovernment Employment Restrictions Act of 1990.
(b) During the period from the date a Member of the Legislature
leaves office until the conclusion of the next regular legislative
session that begins after the Member leaves office, the Member shall
not, for compensation, act as agent or attorney for, or otherwise
represent, any other person by making any formal or informal
appearance, or by making any oral or written communication, before
the Legislature, any committee or subcommittee thereof, any present
Member of the Legislature or the Governor, or any officer or employee
thereof, if the appearance or communication is made for the purpose
of influencing legislative action.
(c) An elected state officer, other than a Member of the
Legislature, for a period of two years after the final date of the
term to which the officer was elected, shall not, for compensation,
act as agent or attorney for, or otherwise represent, any other
person by making any formal or informal appearance, or by making any
oral or written communication, before any state administrative
agency, or any officer or employee thereof, if the appearance or
communication is for the purpose of influencing administrative
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. For
purposes of this subdivision, an appearance before a "state
administrative agency" does not include an appearance in a court of
law, before an administrative law judge, or before the Workers'
Compensation Appeals Board.
(d) (1) A designated employee of a state administrative agency,
any officer, employee, or consultant of a state administrative agency
who holds a position which entails the making, or participation in
the making, of decisions which may foreseeably have a material effect
on any financial interest, and a member of a state administrative
agency, for a period of one year after leaving office or employment,
shall not, for compensation, act as agent or attorney for, or
otherwise represent, any other person, by making any formal or
informal appearance, or by making any oral or written communication,
before any state administrative agency, or officer or employee
thereof, for which he or she worked or represented during the 12
months before leaving office or employment, 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. For purposes of this paragraph, an appearance before a
state administrative agency does not include an appearance in a court
of law, before an administrative law judge, or before the Workers'
Compensation Appeals Board. The prohibition of this paragraph only
applies to designated employees employed by a state administrative
agency on or after January 7, 1991.
(2) For purposes of paragraph (1), a state administrative agency
of a designated employee of the Governor's office includes any state
administrative agency subject to the direction and control of the
Governor.
(e) The prohibitions contained in subdivisions (b), (c), and (d)
do not apply to any individual subject to this section who is or
becomes any of the following:
(1) An officer or employee of another state agency, board, or
commission if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
state agency, board, or commission.
(2) An official holding an elective office of a local government
agency if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
local government agency.
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.
SEC. 4. 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 to apply this act's postgovernment employment
restrictions to elected officials who are currently in office, it is
necessary that this act take immediate effect.
