BILL ANALYSIS Ó
AB 2628
Page 1
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
AB 2628
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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