Amended in Assembly April 6, 2016

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 amend Section 87505 of, and to add Sections 87406.5 and 87506 to, 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: employment restrictions.

The Political Reform Act of 1974 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 imposes certain restrictions on postgovernmental employment of specified public officials of state and local agencies.

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

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

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

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

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.

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, while holding office and for a period of one year after
leaving office, shall not do any of the following:

begin delete

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

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

(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 delete begin insert

(a)  Maintain employment with, in a position other than the
currently held elected or appointed office, or be a compensated
consultant of the state or local agency.

end insert begin insert

(b) Aid, advise, consult with, or assist an entity, for
compensation, with a permit, regulatory action, or enforcement
action pending before the state or local agency.

end insert

SEC. 2.  

Section 87505 of the Government Code is amended
to read:

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 appropriate, or the Internet Web site
of the city or county. 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.

SEC. 3.  

Section 87506 is added to the Government Code, to
read:

87506.  

Each state agency and each local agency that maintains
an Internet Web site shall make begin insert end insert begin insert publicly available on the Internet
Web site end insert each statement of economic interests filed with the
agency’s filing officer by an begin delete elected or appointed official of the
agency publicly available on the agency’s Internet Web site. end delete begin insert official
identified in Section 87200. end insert

SEC. 4.  

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.

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.

SEC. 5.  

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.