Amended in Senate April 27, 2016

Amended in Senate March 28, 2016

Senate BillNo. 976


Introduced by Senator Vidak

February 10, 2016


An act to amend Section 87406 of the Government Code, relating to the Political Reform Act of 1974begin insert,end insert and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 976, as amended, Vidak. Political Reform Act of 1974: 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 communicationsbegin delete with,end deletebegin insert withend insert 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 prohibitionsbegin insert for a Member of the Legislature who resigns from officeend insert tobegin delete the conclusion of the next regular legislative session that begins after the Member leaves office.end deletebegin insert 2 years commencing with the effective date of the resignation.end insert 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 informalbegin delete appearance,end deletebegin insert appearanceend insert or by making any oral or written communication before any state administrativebegin delete agency,end deletebegin insert agencyend insert 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 prohibitionsbegin insert for an elected state officer who resigns from officeend insert tobegin delete twoend deletebegin insert 2end insert yearsbegin delete after the final date of the term to which the officer was elected.end deletebegin insert commencing with the effective date of the resignation.end insert

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 23 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.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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.

6(b) begin deleteNo end deletebegin insert(1)end insertbegin insertend insertbegin insertExcept as provided in paragraph (2), a end insertMember of
7the Legislature, for a period of one year after leaving office, shall
8begin insert notend insert, for compensation, act as agent or attorney for, or otherwise
9represent, any other person by making any formal or informal
10appearance, or by making any oral or written communication,
11before the Legislature, any committee or subcommittee thereof,
12any present Member of the Legislaturebegin insert or the Governorend insert, or any
P3    1officer or employee thereof, if the appearance or communication
2is made for the purpose of influencing legislative action.

begin insert

3
(2) A Member of the Legislature who resigns from office, for a
4period of two years commencing with the effective date of the
5resignation, shall not, for compensation, act as agent or attorney
6for, or otherwise represent, any other person by making any formal
7or informal appearance, or by making any oral or written
8communication, before the Legislature, any committee or
9subcommittee thereof, any present Member of the Legislature or
10the Governor, or any officer or employee thereof, if the appearance
11or communication is made for the purpose of influencing legislative
12action.

end insert

13(c) begin deleteNo end deletebegin insert(1)end insertbegin insertend insertbegin insertExcept as provided in paragraph (2), an end insertelected state
14officer, other than a Member of the Legislature, for a period of
15one year after leaving office, shallbegin insert notend insert, for compensation, act as
16agent or attorney for, or otherwise represent, any other person by
17making any formal or informal appearance, or by making any oral
18or written communication, before any state administrative agency,
19or any officer or employee thereof, if the appearance or
20communication is for the purpose of influencing administrative
21 action, or influencing any action or proceeding involving the
22issuance, amendment, awarding, or revocation of a permit, license,
23grant, or contract, or the sale or purchase of goods or property.begin delete Forend delete

begin insert

24
(2) An elected state officer, other than a Member of the
25Legislature, who resigns from office, for a period of two years
26commencing with the effective date of the resignation, shall not,
27for compensation, act as agent or attorney for, or otherwise
28represent, any other person by making any formal or informal
29appearance, or by making any oral or written communication,
30before any state administrative agency, or any officer or employee
31thereof, if the appearance or communication is for the purpose of
32influencing administrative action, or influencing any action or
33proceeding involving the issuance, amendment, awarding, or
34revocation of a permit, license, grant, or contract, or the sale or
35purchase of goods or property.

end insert

36begin insert(3)end insertbegin insertend insertbegin insertForend insert purposes of this subdivision, an appearance before a
37“state administrative agency” does not include an appearance in
38a court of law, before an administrative law judge, or before the
39Workers’ Compensation Appeals Board.

P4    1(d) (1) begin deleteNo end deletebegin insertA end insertdesignated employee of a state administrative
2agency, any officer, employee, or consultant of a state
3administrative agency who holds a position which entails the
4making, or participation in the making, of decisions which may
5foreseeably have a material effect on any financial interest, and
6no member of a state administrative agency, for a period of one
7year after leaving office or employment, shallbegin insert notend insert, for
8compensation, act as agent or attorney for, or otherwise represent,
9any other person, by making any formal or informal appearance,
10or by making any oral or written communication, before any state
11administrative agency, or officer or employee thereof, for which
12he or she worked or represented during the 12 months before
13leaving office or employment, if the appearance or communication
14is made for the purpose of influencing administrative or legislative
15action, or influencing any action or proceeding involving the
16issuance, amendment, awarding, or revocation of a permit, license,
17grant, or contract, or the sale or purchase of goods or property. For
18purposes of this paragraph, an appearance before a state
19administrative agency does not include an appearance in a court
20of law, before an administrative law judge, or before the Workers’
21Compensation Appeals Board. The prohibition of this paragraph
22begin delete shallend delete onlybegin delete applyend deletebegin insert appliesend insert to designated employees employed by a
23state administrative agency on or after January 7, 1991.

24(2) For purposes of paragraph (1), a state administrative agency
25of a designated employee of the Governor’s office includes any
26state administrative agency subject to the direction and control of
27the Governor.

28(e) The prohibitions contained in subdivisions (b), (c), and (d)
29shall not apply to any individual subject to this section who is or
30becomes any of the following:

31(1) An officer or employee of another state agency, board, or
32commission if the appearance or communication is for the purpose
33of influencing legislative or administrative action on behalf of the
34state agency, board, or commission.

35(2) An official holding an elective office of a local government
36agency if the appearance or communication is for the purpose of
37influencing legislative or administrative action on behalf of the
38local government agency.

begin delete

39(f) This section shall become operative on January 1, 1991, but
40only if Senate Constitutional Amendment No. 32 of the 1989-90
P5    1Regular Session is approved by the voters. With respect to
2Members of the Legislature whose current term of office on
3January 1, 1991, began in December 1988, this section shall not
4apply until January 1, 1993.

end delete
begin delete
5

SECTION 1.  

Section 87406 of the Government Code is
6amended to read:

7

87406.  

(a) This section shall be known, and may be cited, as
8the Milton Marks Postgovernment Employment Restrictions Act
9of 1990.

10(b) During the period from the date a Member of the Legislature
11leaves office until the conclusion of the next regular legislative
12session that begins after the Member leaves office, the Member
13shall not, for compensation, act as agent or attorney for, or
14otherwise represent, any other person by making any formal or
15informal appearance, or by making any oral or written
16communication, before the Legislature, any committee or
17subcommittee thereof, any present Member of the Legislature or
18the Governor, or any officer or employee thereof, if the appearance
19or communication is made for the purpose of influencing legislative
20action.

21(c) An elected state officer, other than a Member of the
22Legislature, for a period of two years after the final date of the
23term to which the officer was elected, shall not, for compensation,
24act as agent or attorney for, or otherwise represent, any other person
25by making any formal or informal appearance, or by making any
26oral or written communication, before any state administrative
27agency, or any officer or employee thereof, if the appearance or
28communication is for the purpose of influencing administrative
29action, or influencing any action or proceeding involving the
30issuance, amendment, awarding, or revocation of a permit, license,
31grant, or contract, or the sale or purchase of goods or property. For
32purposes of this subdivision, an appearance before a “state
33administrative agency” does not include an appearance in a court
34of law, before an administrative law judge, or before the Workers’
35Compensation Appeals Board.

36(d) (1) A designated employee of a state administrative agency,
37any officer, employee, or consultant of a state administrative
38agency who holds a position which entails the making, or
39participation in the making, of decisions which may foreseeably
40have a material effect on any financial interest, and a member of
P6    1a state administrative agency, for a period of one year after leaving
2office or employment, shall not, for compensation, act as agent or
3attorney for, or otherwise represent, any other person, by making
4any formal or informal appearance, or by making any oral or
5written communication, before any state administrative agency,
6or officer or employee thereof, for which he or she worked or
7represented during the 12 months before leaving office or
8employment, if the appearance or communication is made for the
9purpose of influencing administrative or legislative action, or
10influencing any action or proceeding involving the issuance,
11amendment, awarding, or revocation of a permit, license, grant,
12or contract, or the sale or purchase of goods or property. For
13purposes of this paragraph, an appearance before a state
14administrative agency does not include an appearance in a court
15of law, before an administrative law judge, or before the Workers’
16Compensation Appeals Board. The prohibition of this paragraph
17only applies to designated employees employed by a state
18administrative agency on or after January 7, 1991.

19(2) For purposes of paragraph (1), a state administrative agency
20of a designated employee of the Governor’s office includes any
21state administrative agency subject to the direction and control of
22the Governor.

23(e) The prohibitions contained in subdivisions (b), (c), and (d)
24 do not apply to any individual subject to this section who is or
25becomes any of the following:

26(1) An officer or employee of another state agency, board, or
27commission if the appearance or communication is for the purpose
28of influencing legislative or administrative action on behalf of the
29state agency, board, or commission.

30(2) An official holding an elective office of a local government
31agency if the appearance or communication is for the purpose of
32influencing legislative or administrative action on behalf of the
33local government agency.

end delete
34

SEC. 2.  

No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district will be incurred because this act creates a new crime or
38infraction, eliminates a crime or infraction, or changes the penalty
39for a crime or infraction, within the meaning of Section 17556 of
40the Government Code, or changes the definition of a crime within
P7    1the meaning of Section 6 of Article XIII B of the California
2Constitution.

3

SEC. 3.  

The Legislature finds and declares that this bill furthers
4the purposes of the Political Reform Act of 1974 within the
5meaning of subdivision (a) of Section 81012 of the Government
6Code.

7

SEC. 4.  

This act is an urgency statute necessary for the
8immediate preservation of the public peace, health, or safety within
9the meaning of Article IV of the Constitution and shall go into
10immediate effect. The facts constituting the necessity are:

11In order to apply this act’s postgovernment employment
12restrictions to elected officials who are currently in office, it is
13necessary that this act take immediate effect.



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