BILL NUMBER: AB 573	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2009

INTRODUCED BY   Assembly Member Portantino
   (Coauthors: Assembly Members  Conway  
Buchanan,  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 amended, 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   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   are  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
 .  In addition, the bill would require that a fellow be
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. The bill would further require the
council to execute an agreement for a fellow to be 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. 
   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   unbiased  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 
 the California Science and Technology   Policy
Fellowships  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
  providing  Members, committees, and legislative
staff with  nonpartisan   unbiased  advice
in connection with science and technology-related legislation.
   (d) The  Science and Technology Fellows Program 
 California Science and T   echnology Policy Fellowships
 would be modeled after  , and adapted for California from,
 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
  California Science and Technology Policy  
Fellowships  would be the first  professional development
 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) According to findings of the National Academy of Sciences in
its 2008 publication "State Science and Technology Policy Advice,"
the United States is entering a new era of scientific and
technological development in which state governments will assume a
greater role in establishing science and technology policy than in
the past.  
   (f) 
    (g)  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  
unbiased  advice from science and technology experts so that the
Legislature may make informed decisions on those issues. 
   (g) 
    (h)  It is the  narrow  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   California
Science and Technology Policy Fellow provided  by the council
 under this professional development program  , 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  narrow  intent of the Legislature to
provide that a  Science and Technology Fellow furnished
  California Science and Technology Policy Fellow
provided  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.
  but will be subject to standards of conduct specified
by the Legislature. 
  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. 
    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.
   (c) 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.
   (d) 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) (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. 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 
 California Science and Technology Policy Fellows provided 
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.
                                               ____ CORRECTIONS
SameHouseCoauthorOverride:(Coauthors: Assembly Members  Buchanan,
 Conway  ,  and Fletcher)
                                 ____