BILL NUMBER: SB 976 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Vidak
FEBRUARY 10, 2016
An act to amend Section 84200 87406
of the Government Code, relating to the Political Reform Act of 1974
and declaring the urgency thereof, to take effect immediately
.
LEGISLATIVE COUNSEL'S DIGEST
SB 976, as amended, Vidak. Political Reform Act of 1974:
campaign statements postgovernment employment .
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.
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.
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.
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.
Because a violation of the act is punishable as a misdemeanor,
this bill would impose a state-mandated local program.
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 no reimbursement is required by this
act for a specified reason.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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.
This bill would make technical, nonsubstantive changes to the
provision governing the filing of semiannual campaign statements.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87406 of the
Government Code is amended to read:
87406. (a) This section shall be known, and may be cited, as the
Milton Marks Postgovernment Employment Restrictions Act of 1990.
(b) No During the period from the date a
Member of the Legislature leaves office until the conclusion of the
next regular legislative session that begins after the Member leaves
office, the Member of the Legislature, for a period of
one year after leaving office, shall not , for
compensation, act as agent or attorney for, or otherwise represent,
any other person by making any formal or informal appearance, or by
making any oral or written communication, before the Legislature, any
committee or subcommittee thereof, any present Member of the
Legislature or the Governor , or any officer or employee
thereof, if the appearance or communication is made for the purpose
of influencing legislative action.
(c) No An elected state officer,
other than a Member of the Legislature, for a period of one
year two years after leaving office
the final date of the term to which the officer was
elected , shall not , for compensation, act as agent
or attorney for, or otherwise represent, 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 administrative action, or influencing any
action or proceeding involving the issuance, amendment, awarding, or
revocation of a permit, license, grant, or contract, or the sale or
purchase of goods or property. For purposes of this subdivision, an
appearance before a "state administrative agency" does not include an
appearance in a court of law, before an administrative law judge, or
before the Workers' Compensation Appeals Board.
(d) (1) No A designated employee of
a state administrative agency, any officer, employee, or consultant
of a state administrative agency who holds a position which entails
the making, or participation in the making, of decisions which may
foreseeably have a material effect on any financial interest, and
no a member of a state administrative
agency, for a period of one year after leaving office or employment,
shall not , for compensation, act as agent or attorney
for, or otherwise represent, any other person, by making any formal
or informal appearance, or by making any oral or written
communication, before any state administrative agency, or officer or
employee thereof, for which he or she worked or represented during
the 12 months before leaving office or employment, if the appearance
or communication is made for the purpose of influencing
administrative or legislative action, or influencing any action or
proceeding involving the issuance, amendment, awarding, or revocation
of a permit, license, grant, or contract, or the sale or purchase of
goods or property. For purposes of this paragraph, an appearance
before a state administrative agency does not include an appearance
in a court of law, before an administrative law judge, or before the
Workers' Compensation Appeals Board. The prohibition of this
paragraph shall only apply
applies to designated employees employed by a state
administrative agency on or after January 7, 1991.
(2) For purposes of paragraph (1), a state administrative agency
of a designated employee of the Governor's office includes any state
administrative agency subject to the direction and control of the
Governor.
(e) The prohibitions contained in subdivisions (b), (c), and (d)
shall do not apply to any individual
subject to this section who is or becomes any of the following:
(1) An officer or employee of another state agency, board, or
commission if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
state agency, board, or commission.
(2) An official holding an elective office of a local government
agency if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
local government agency.
(f) This section shall become operative on January 1, 1991, but
only if Senate Constitutional Amendment No. 32 of the 1989-90 Regular
Session is approved by the voters. With respect to Members of the
Legislature whose current term of office on January 1, 1991, began in
December 1988, this section shall not apply until January 1, 1993.
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.
SEC. 3. 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.
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to apply this act's postgovernment employment
restrictions to elected officials who are currently in office, it is
necessary that this act take immediate effect.
SECTION 1. Section 84200 of the Government Code
is amended to read:
84200. (a) Except as provided in paragraphs (1), (2), and (3),
elected officers, candidates, and committees pursuant to subdivision
(a) of Section 82013 shall file semiannual statements each year no
later than July 31 for the period ending June 30, and no later than
January 31 for the period ending December 31.
(1) A candidate who, during the past six months, has filed a
declaration pursuant to Section 84206 shall not be required to file a
semiannual statement for that six-month period.
(2) Elected officers whose salaries are less than two hundred
dollars ($200) a month, judges, and judicial candidates and their
controlled committees shall not file semiannual statements pursuant
to this subdivision for any six-month period in which they have not
made or received any contributions or made any expenditures.
(3) A judge who is not listed on the ballot for reelection to, or
recall from, any elective office during a calendar year shall not
file a semiannual statement pursuant to this subdivision for any
six-month period in that year if both of the following apply:
(A) The judge has not received any contributions.
(B) The only expenditures made by the judge during the calendar
year are contributions from the judge's personal funds to other
candidates or committees totaling less than one thousand dollars
($1,000).
(b) All committees pursuant to subdivision (b) or (c) of Section
82013 shall file campaign statements each year no later than July 31
for the period ending June 30, and no later than January 31 for the
period ending December 31, if they have made contributions or
independent expenditures, including payments to a slate mailer
organization, during the six-month period before the closing date of
the statements.