Amended in Senate March 28, 2016

Senate BillNo. 976


Introduced by Senator Vidak

February 10, 2016


An act to amend Sectionbegin delete 84200end deletebegin insert 87406end insert of the Government Code, relating to the Political Reform Act of 1974begin insert and declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 976, as amended, Vidak. Political Reform Act of 1974:begin delete campaign statementsend deletebegin insert postgovernment employmentend insert.

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The Milton Marks Postgovernment Employment Restrictions Act of 1990 prohibits a Member of the Legislature, for a period of one year after leaving office, from acting as a compensated agent or attorney for, or otherwise representing, any other person by making appearances before or communications with, the Legislature or its committees, present Members, or officers or employees, if the appearance or communication is made for the purpose of influencing legislative action.

end insert
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This bill would extend the time period for these prohibitions to the conclusion of the next regular legislative session that begins after the Member leaves office. The bill would additionally prohibit a Member from engaging in the above-described post legislative employment activities before the Governor, or any officer or employee thereof.

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begin insert

Existing law prohibits an elected state officer, other than a Member of the Legislature, for a period of one year after leaving office, from acting as a compensated agent or attorney for, or otherwise representing any other person by making any formal or informal appearance, or by making any oral or written communication before any state administrative agency, or any officer or employee thereof, if the appearance or communication is for the purpose of influencing specified administrative actions.

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begin insert

The bill would extend the time period for these prohibitions to two years after the final date of the term to which the officer was elected.

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begin insert

Because a violation of the act is punishable as a misdemeanor, this bill would impose a state-mandated local program.

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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.

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begin insert

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

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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 23 vote of each house and compliance with specified procedural requirements.

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begin insert

This bill would declare that it furthers the purposes of the act.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law, the Political Reform Act of 1974, provides for the comprehensive regulation of campaign financing, including requiring the reporting of campaign contributions and expenditures and imposing other reporting and recordkeeping requirements on campaign committees. The act requires elected officers, candidates, committees, and slate mailer organizations to file various reports, including semiannual reports, preelection statements, and supplemental preelection statements.

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This bill would make technical, nonsubstantive changes to the provision governing the filing of semiannual campaign statements.

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Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 87406 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

87406.  

(a) This section shall be known, and may be cited, as
4the Milton Marks Postgovernment Employment Restrictions Act
5of 1990.

P3    1(b) begin deleteNo end deletebegin insertDuring the period from the date a Member of the
2Legislature leaves office until the conclusion of the next regular
3legislative session that begins after the Member leaves office, the end insert

4Memberbegin delete of the Legislature, for a period of one year after leaving
5office,end delete
shallbegin insert notend insert, for compensation, act as agent or attorney for, or
6otherwise represent, any other person by making any formal or
7informal appearance, or by making any oral or written
8communication, before the Legislature, any committee or
9subcommittee thereof, any present Member of the Legislaturebegin insert or
10the Governorend insert
, or any officer or employee thereof, if the appearance
11or communication is made for the purpose of influencing legislative
12action.

13(c) begin deleteNo end deletebegin insertAn end insertelected state officer, other than a Member of the
14Legislature, for a period ofbegin delete one yearend deletebegin insert two yearsend insert afterbegin delete leaving officeend delete
15begin insert the final date of the term to which the officer was electedend insert, shall
16begin insert notend insert, for compensation, act as agent or attorney for, or otherwise
17represent, any other person by making any formal or informal
18appearance, or by making any oral or written communication,
19before any state administrative agency, or any officer or employee
20thereof, if the appearance or communication is for the purpose of
21influencing administrative action, or influencing any action or
22proceeding involving the issuance, amendment, awarding, or
23revocation of a permit, license, grant, or contract, or the sale or
24purchase of goods or property. For purposes of this subdivision,
25an appearance before a “state administrative agency” does not
26include an appearance in a court of law, before an administrative
27law judge, or before the Workers’ Compensation Appeals Board.

28(d) (1) begin deleteNo end deletebegin insertA end insertdesignated employee of a state administrative
29agency, any officer, employee, or consultant of a state
30administrative agency who holds a position which entails the
31making, or participation in the making, of decisions which may
32foreseeably have a material effect on any financial interest, and
33begin delete noend deletebegin insert aend insert member of a state administrative agency, for a period of one
34year after leaving office or employment, shallbegin insert notend insert, for
35compensation, act as agent or attorney for, or otherwise represent,
36any other person, by making any formal or informal appearance,
37or by making any oral or written communication, before any state
38administrative agency, or officer or employee thereof, for which
39he or she worked or represented during the 12 months before
40leaving office or employment, if the appearance or communication
P4    1is made for the purpose of influencing administrative or legislative
2action, or influencing any action or proceeding involving the
3issuance, amendment, awarding, or revocation of a permit, license,
4grant, or contract, or the sale or purchase of goods or property. For
5purposes of this paragraph, an appearance before a state
6administrative agency does not include an appearance in a court
7of law, before an administrative law judge, or before the Workers’
8Compensation Appeals Board. The prohibition of this paragraph
9begin delete shallend delete onlybegin delete applyend deletebegin insert appliesend insert to designated employees employed by a
10state administrative agency on or after January 7, 1991.

11(2) For purposes of paragraph (1), a state administrative agency
12of a designated employee of the Governor’s office includes any
13state administrative agency subject to the direction and control of
14the Governor.

15(e) The prohibitions contained in subdivisions (b), (c), and (d)
16begin delete shallend deletebegin insert doend insert not apply to any individual subject to this section who is
17or becomes any of the following:

18(1) An officer or employee of another state agency, board, or
19commission if the appearance or communication is for the purpose
20of influencing legislative or administrative action on behalf of the
21state agency, board, or commission.

22(2) An official holding an elective office of a local government
23agency if the appearance or communication is for the purpose of
24influencing legislative or administrative action on behalf of the
25local government agency.

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26(f) This section shall become operative on January 1, 1991, but
27only if Senate Constitutional Amendment No. 32 of the 1989-90
28Regular Session is approved by the voters. With respect to
29Members of the Legislature whose current term of office on
30January 1, 1991, began in December 1988, this section shall not
31apply until January 1, 1993.

end delete
32begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
39the meaning of Section 6 of Article XIII B of the California
40Constitution.

end insert
P5    1begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The Legislature finds and declares that this bill furthers
2the purposes of the Political Reform Act of 1974 within the meaning
3of subdivision (a) of Section 81012 of the Government Code.

end insert
4begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
5immediate preservation of the public peace, health, or safety within
6the meaning of Article IV of the Constitution and shall go into
7immediate effect. The facts constituting the necessity are:

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8
In order to apply this act’s postgovernment employment
9restrictions to elected officials who are currently in office, it is
10necessary that this act take immediate effect.

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11

SECTION 1.  

Section 84200 of the Government Code is
12amended to read:

13

84200.  

(a) Except as provided in paragraphs (1), (2), and (3),
14elected officers, candidates, and committees pursuant to subdivision
15(a) of Section 82013 shall file semiannual statements each year no
16later than July 31 for the period ending June 30, and no later than
17January 31 for the period ending December 31.

18(1) A candidate who, during the past six months, has filed a
19declaration pursuant to Section 84206 shall not be required to file
20a semiannual statement for that six-month period.

21(2) Elected officers whose salaries are less than two hundred
22dollars ($200) a month, judges, and judicial candidates and their
23controlled committees shall not file semiannual statements pursuant
24to this subdivision for any six-month period in which they have
25not made or received any contributions or made any expenditures.

26(3) A judge who is not listed on the ballot for reelection to, or
27recall from, any elective office during a calendar year shall not
28file a semiannual statement pursuant to this subdivision for any
29six-month period in that year if both of the following apply:

30(A) The judge has not received any contributions.

31(B) The only expenditures made by the judge during the calendar
32year are contributions from the judge’s personal funds to other
33candidates or committees totaling less than one thousand dollars
34($1,000).

35(b) All committees pursuant to subdivision (b) or (c) of Section
3682013 shall file campaign statements each year no later than July
3731 for the period ending June 30, and no later than January 31 for
38the period ending December 31, if they have made contributions
39or independent expenditures, including payments to a slate mailer
P6    1organization, during the six-month period before the closing date
2of the statements.

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