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AB-1620 Political Reform Act of 1974: postgovernment employment.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB1620:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1620


Introduced by Assembly Member Dababneh

February 17, 2017


An act to amend Section 8921 87406 of the Government Code, relating to governmental ethics. the Political Reform Act of 1974.


LEGISLATIVE COUNSEL'S DIGEST


AB 1620, as amended, Dababneh. Governmental ethics: substantial conflicts: prohibition. 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.
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. The bill would also extend the time period for these prohibitions for a Member of the Legislature who resigns from office by providing that the period commences with the effective date of the resignation and concludes one year after the final date of the term to which the officer was elected.
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 of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.

Existing law prohibits a Member of the Legislature, legislative employee, state elective or appointive officer, or judge or justice from having an interest, engaging in a business, transaction, or professional activity, or incurring an obligation that substantially conflicts with the proper discharge or his or her duties in the public interest and of his or her responsibilities under the law. Under existing law, a person subject to this prohibition has a substantial conflict if he or she has reason to believe or expect that he or she will derive a direct monetary gain or suffer a direct monetary loss by reason of his or her official activity.

This bill would make nonsubstantive changes to the latter provision.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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, 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, 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 commencing with the effective date of the resignation and concluding one year 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 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 An elected state officer, other than a Member of the Legislature, for a period of one year after leaving office, shall, 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) 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 foreseeablyforeseeable have a material effect on any financial interest, and no a member of a state administrative agency, for a period of one year after leaving office or employment, shall, 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 do not apply to any individual subject to this section who is or becomes any either 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.

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.
SECTION 1.Section 8921 of the Government Code is amended to read:
8921.

A person subject to this article has an interest that is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed in the laws of this state or a personal interest, arising from any situation, within the scope of this article, if he or she has reason to believe or expect that he or she will derive a direct monetary gain or suffer a direct monetary loss by reason of his or her official activity. He or she does not have an interest that is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed in the laws of this state or a personal interest, arising from any situation, within the scope of this article, if any benefit or detriment accrues to him or her as a member of a business, profession, occupation, or group to no greater extent than any other member of that business, profession, occupation, or group.