BILL NUMBER: AB 573	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino
   (Coauthors: Assembly Members Conway and Fletcher)

                        FEBRUARY 25, 2009

   An act to add Section 8924.5 to the Government Code, relating to
the Legislature, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 573, as introduced, Portantino. California Council on Science
and Technology: legislative fellows.
   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.
   This bill would clarify that the services of a legislative fellow
furnished 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
compensation, a reward, or a gift to a Member of the Legislature for
purposes of the so-called Code of Ethics. The bill would also provide
that such a legislative fellow is not an employee of either house of
the Legislature for purposes of the Code of Ethics and is not
otherwise subject to the provisions of the Code of Ethics.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) In 1988, the Legislature adopted Assembly Concurrent
Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988)
in which the Legislature requested the President of the University of
California, in collaboration with the presidents of the University
of Southern California, the California Institute of Technology, and
Stanford University and the Chancellor of the California State
University, to establish, within one year, the California Council on
Science and Technology for the purpose of reporting to the presidents
and the chancellor and responding appropriately to the Governor, the
Legislature, and other relevant entities on public policy issues
significantly related to science and technology.
   (b) In response, the council was organized as a nonprofit
corporation pursuant to Section 501(c)(3) of the Internal Revenue
Code and has operated for 20 years providing expert, nonpartisan
advice to various agencies of state government in connection with
science and technology policy issues.
   (c) The council proposes to fund and administer, at no cost to the
state, a Science and Technology Fellows Program in which, commencing
in 2009, the council would place Ph.D.-level, or equivalent,
scientists, engineers, and other experts in legislative offices for
the purpose of furnishing Members, committees, and legislative staff
with nonpartisan advice in connection with science and
technology-related legislation.
   (d) The Science and Technology Fellows Program would be modeled
after the 35-year-old Science and Technology Policy Fellowships
Program administered for the benefit of the United States Congress by
the American Association for the Advancement of Science, an
international nonprofit organization dedicated to advancing science
around the world for societal benefit.
   (e) The council's Science and Technology Fellows Program would be
the first program in the nation that places Ph.D.-level, or
equivalent, science and technology experts in state legislative
offices through a formal fellowship program.
   (f) Given that California's legislators must address multifaceted
policy issues with increasingly complex and interrelated components
based on science and technology, including, but not limited to,
biotechnology, nanotechnology, energy, water, transportation, and
health care, it is vitally important that the Members receive the
benefit of nonpartisan advice from science and technology experts so
that the Legislature may make informed decisions on those issues.
   (g) It is the intent of the Legislature in enacting this act to
clarify that a Member of the Legislature, in receiving the benefit of
the services of a Science and Technology Fellow furnished by the
council, is not receiving compensation, a reward, or a gift for
purposes of the code of ethics contained in Article 2 (commencing
with Section 8920) of Chapter 1 of Part 1 of Division 2 of Title 2 of
the Government Code; and it is the further intent of the Legislature
to provide that a Science and Technology Fellow furnished by the
council is not an employee of either house of the Legislature for
purposes of that code of ethics and is not otherwise subject to the
provisions of that code of ethics.
  SEC. 2.  Section 8924.5 is added to the Government Code, to read:
   8924.5.  (a) The services of a legislative fellow furnished 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 compensation, a reward, or a gift
to a Member of the Legislature for purposes of this article.
   (b) A legislative fellow furnished 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 and is not otherwise subject to the
provisions of this article.
  SEC. 3.  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 for the Legislature to begin receiving the benefit of the
expert advice of legislative fellows furnished by the California
Council on Science and Technology as soon as possible so that the
Legislature may make informed decisions on the various urgent science
and technology issues confronting the state, it is necessary that
this act take effect immediately.