BILL NUMBER: AB 146	CHAPTERED  10/02/01

	CHAPTER  411
	FILED WITH SECRETARY OF STATE  OCTOBER 2, 2001
	APPROVED BY GOVERNOR  OCTOBER 1, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2001
	PASSED THE SENATE  SEPTEMBER 4, 2001
	AMENDED IN SENATE  AUGUST 28, 2001
	AMENDED IN SENATE  MAY 29, 2001
	AMENDED IN ASSEMBLY  MARCH 20, 2001

INTRODUCED BY   Assembly Member Wayne

                        JANUARY 25, 2001

   An act to add Section 19990.6 to the Government Code, relating to
state employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 146, Wayne.  State attorneys and administrative law judges:
service on governmental bodies.
   Existing common law and case law prohibits a state officer,
including an attorney employed by the state and administrative law
judge, from engaging in activities that may be incompatible with
their duties to the state and results in the automatic vacation of
the former office.  Existing law provides that service on an
appointed or elected governmental body by an attorney employed by a
local agency in a nonelective position shall not, by itself, be
deemed to be an incompatible activity and shall not result in the
automatic vacation of either of the offices.
   This bill would provide that service on a local appointed or
elected governmental board, commission, committee, or other body or
as an elected local official by an attorney employed by the state in
a nonelected position or by an administrative law judge shall not, by
itself, be deemed to be an incompatible activity and shall not
result in the automatic vacation of either office.  This bill would
also provide that it shall not be construed to prohibit an
administrative law judge or an attorney employed by the state in a
nonelected position from serving on any other appointed or elected
governmental board, commission, committee, or other body, consistent
with all applicable conflict-of-interest statutes and regulations and
judicial canons of ethics.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 19990.6 is added to the Government Code, to
read:
   19990.6.  (a) Service on a local appointed or elected governmental
board, commission, committee, or other body or as a local elected
official by an attorney employed by the state in a nonelected
position or by an administrative law judge, as defined in Section
11475.10, shall not, by itself, be deemed to be inconsistent,
incompatible, in conflict with, or inimical to, the duties of the
attorney or administrative law judge as a state officer or employee
and shall not result in the automatic vacation of either office.
   (b) Nothing in this section shall be construed to prohibit an
administrative law judge, as defined in Section 11475.10, or an
attorney employed by the state in a nonelected position from serving
on any other appointed or elected governmental board, commission,
committee, or other body, consistent with all applicable
conflict-of-interest statutes and regulations and judicial canons of
ethics.