Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2628

Introduced by Assembly Member Levine

(Principal coauthor: Senator Jackson)

(Coauthors: Assembly Members Bonta, Campos, Chau, Chiu, Chu, Eggman, Cristina Garcia, Gomez, McCarty, Nazarian, Thurmond, Weber, Williams, and Wood)

(Coauthor: Senator McGuire)

February 19, 2016

An act to begin delete add Section 87406.5 to end delete begin insert amend Section 87505 of, and to add Sections 87406.5 and 87506 to, end insert the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

AB 2628, as amended, Levine. Political Reform Act of 1974: begin delete postgovernmental employment. end delete begin insert employment restrictions. end insert

The Political Reform Act of 1974 begin insert generally prohibits a public official, as defined, from making, participating in making, or using his or her official position to influence a governmental decision in which the official has a financial interest. The act also requires the disclosure of specified financial interests of certain public officials on a statement of economic interests, which is filed annually. The act end insert imposes certain restrictions on postgovernmental employment of specified public officials of state and local agencies.

begin insert

This bill would require each state agency and each local agency that maintains an Internet Web site to make the statements of economic interests filed by the agency’s elected and appointed officials available on the agency’s Internet Web site.

end insert

This bill would prohibit an elected or appointed officer of a state or local agency, begin insert while holding office and end insert for a period of one year after leaving office, from begin insert engaging in specified conduct, including end insert maintaining employment with or being a compensated consultant of any other board, commission, or other body on which the officer served as a member while holding the elective or appointed begin delete office. end delete begin insert office, performing services that would qualify the officer as a lobbyist, and performing services as a compensated consultant or employee of an entity having a direct financial interest in a permit, regulatory, or enforcement action pending before the agency. end insert

A violation of the act is punishable as a begin delete misdemeanor by end delete begin insert misdemeanor. By end insert expanding the scope of an existing crime, this bill would impose a state-mandated local program. begin insert The bill would also impose a state-mandated local program by increasing the duties imposed on local officials. end insert

begin delete

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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete begin insert

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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert

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.

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 87406.5 is added to the Government
Code, to read:

87406.5.  

An elected or appointed officer of a state or local
agency, begin insert while holding office and end insert for a period of one year after
leaving office, shall not begin delete maintain end delete begin insert do any of the following: end insert

begin insert (a) end insert begin insert   end insert begin insert Maintain end insert employment with or be a compensated consultant
of any board, commission, or other body on which the officer
begin insert serves or end insert served as a member while holding the elective or
appointed office.

begin insert

(b) Perform services that would qualify the officer as a lobbyist.

end insert begin insert

(c) Perform services as a compensated consultant or employee
of an entity having a direct financial interest in a permit,
regulatory, or enforcement action pending before the agency.

end insert

begin delete

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.

end delete

begin insert

begin insert SEC. 2 end insert begin insert . end insert   

end insert

begin insert Section 87505 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

87505.  

Each city clerk or county clerk who maintains an
Internet Web site shall post on that Internet Web site a notification
that includes all of the following:

(a) A list of the elected officers identified in Section 87200 who
file statements of economic interests with that city clerk or county
clerk pursuant to Section 87500.

(b) A statement that copies of the statements of economic
interests filed by the elected officers described in subdivision (a)
may be obtained by visiting the offices of the Commission or that
city clerk or county clerk, as begin delete appropriate. end delete begin insert appropriate, or the
Internet Web site of the city or county. end insert The statement shall include
the physical address for the Commission’s office and the city
clerk’s office or the county clerk’s office, as appropriate.

(c) A link to the Commission’s Internet Web site and a statement
that statements of economic interests for some state and local
government agency elected officers may be available in an
electronic format on the Commission’s Internet Web site.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 87506 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 87506. end insert   

Each state agency and each local agency that maintains
an Internet Web site shall make each statement of economic
interests filed with the agency’s filing officer by an elected or
appointed official of the agency publicly available on the agency’s
Internet Web site.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, 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.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

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.