BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2628


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2628 (Levine) - As Amended April 19, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill amends the Political Reform Act (PRA) to:


          1)Prohibit elected and appointed officers of a state or local  
            agency from being employed by that agency in another capacity,  
            or from being compensated to assist another entity with a  
            permit, regulatory action, or enforcement action before that  








                                                                    AB 2628


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            agency, while that officer is in office and for one year after  
            leaving office.  


          2)Require every state and local agency to post on its website  
            the Statements of Economic Interests (SEIs) that are filed  
            with the agency by specified high-ranking agency officials.


          FISCAL EFFECT:


          1)The Fair Political Practices Commission (FPPC) will incur  
            annual General Fund costs of about $270,000 for two positions  
            to amend regulations, manuals and instructions, respond to  
            increased advice requests, and for increased enforcement.  
            Commission staff also see a potential for litigation due to  
            what staff believes is the broad language of the bill.


          2)Minor absorbable costs for the state and local agencies to  
            post the required SEIs on their websites. While the local  
            agencies' costs would be state reimbursable, the limited  
            number of postings required for any single entity would likely  
            not lead to a reimbursement claim.


            [The requirement for posting of officials SEIs on their  
            respective agencies' websites would pertain to the following  
            offices: elected state officers, judges and commissioners of  
            courts of the judicial branch, members of the Public Utilities  
            Commission, members of the State Energy Resources Conservation  
            and Development Commission, members of the Fair Political  
            Practices Commission, members of the California Coastal  
            Commission, members of the High-Speed Rail Authority, members  
            of planning commissions, members of the board of supervisors,  
            district attorneys, county counsels, county treasurers, and  
            chief administrative officers of counties, mayors, city  
            managers, city attorneys, city treasurers, chief  








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            administrative officers and members of city councils of  
            cities, and other public officials who manage public  
            investments, and to candidates for any of these offices at any  
            election.]


          COMMENTS:


          1)Background. Current law, commonly known as a "revolving door  
            ban," restricts the post-governmental activities of certain  
            former public officials. There are two main types of revolving  
            door restrictions in the PRA that may apply to former public  
            officials.



          A one-year ban prohibits certain officials, for one year after  
            leaving public service, from representing any other person by  
            appearing before or communicating with, for compensation,  
            their former agency in an attempt to influence agency  
            decisions that involve the making of general rules (such as  
            regulations or legislation), or to influence certain  
            proceedings involving a permit, license, contract, or  
            transaction involving the sale or purchase of property or  
            goods.  
            The second main type of revolving door restriction permanently  
            prohibits former state administrative officials from being  
            paid to work on proceedings that they participated in while  
            working for the state.  The ban prohibits appearances and  
            communications to represent any other person, as well as  
            aiding, advising, counseling, consulting, or assisting in  
            representing any other person, for compensation, before any  
            state administrative agency in a proceeding involving specific  
            parties (such as a lawsuit, a hearing before an administrative  
            law judge, or a state contract) if the official previously  
            participated in the proceeding.










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          2)Purpose. This bill prohibits a former official of an agency  
            from being employed by that agency in any other capacity for  
            one year after leaving office. This provision is in response  
            to recent situations in which the California Coastal  
            Commission (Commission) and the South Coast Air Quality  
            Management District (District) both removed long-tenured staff  
            from high-ranking positions.  The author expresses a concern  
            that nothing in existing law would prevent a member of the  
            Commission or the District from applying for and serving in  
            top staff positions that were made vacant due to the recent  
            controversial actions of the Commission and District.


            
          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081