BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 976 (Vidak) - Political Reform Act of 1974: postgovernment
employment
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|Version: April 27, 2016 |Policy Vote: E. & C.A. 5 - 0 |
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|Urgency: Yes |Mandate: Yes |
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|Hearing Date: May 9, 2016 |Consultant: Robert Ingenito |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 976 would extend "revolving door" prohibitions for
former legislators and other elected statewide officeholders.
Fiscal
Impact: The Fair Political Practices Commission (FPPC) would
incur General Fund costs of $53,000 in the first year, and
$46,000 annually ongoing to implement the provisions of the
bill.
SB 976 (Vidak) Page 1 of
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Background: "Revolving door" prohibitions are intended to address
situations whereby former elected officers and other officials
(1) return to represent clients who have business before, or (2)
are seeking to influence policy decisions made by their former
agencies. In many of these instances, the former official may
be lobbying former subordinates or peers who may feel pressured
to be accommodating.
Current law generally defines "lobbyist" as any individual who
receives $2,000 or more in economic consideration in a calendar
month, other travel reimbursements, or whose principal duties as
an employee are to communicate directly or through his or her
agents with any elective state official, agency official, or
legislative official for the purpose of influencing legislative
or administrative action. FPPC regulations further define
non-contract lobbyists as individuals who spend one-third or
more of their time, in any calendar month, for which they
receive compensation from his or her employer, engaging in
direct communication, other than administrative testimony, with
one or more qualifying officials for the purpose of influencing
legislative or administrative action. The existing revolving
door prohibitions apply whether or not the former elected state
officeholder qualifies as a "lobbyist" under this current
definition.
Current law 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 if the appearance or communication is made for the
purpose of influencing legislative action. Additionally, current
law prohibits elected state officers other than Member of the
Legislatures, 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 if the appearance or
communication is for the purpose of influencing specified
administrative actions.
SB 976 (Vidak) Page 2 of
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However, the aforementioned prohibitions do not apply to any
individual who is or becomes either (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 that entity, or (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.
Proposed Law:
This bill would (1) extend the time period for these
prohibitions on former legislators to two years commencing with
the effective date of the resignation, (2) extend these
prohibitions on former legislators to also include engaging in
the above-described activities before the Governor, or any
officer or employee of the Governor, and (3) extend the time
period for these prohibitions on elected state officers, other
than a Member of the Legislature (a statewide elected officer or
a member of the Board of Equalization), to two years commencing
with the effective date of the resignation.
Related
Legislation:
ACA 9 (Gomez), which is pending in Assembly Elections
and Redistricting Committee, would, among other things,
prohibit a member of the Legislature who vacates his or
her seat prior to the expiration of the term of office for
other than personal medical reasons from being permitted
to lobby, for compensation before the Legislature until 12
months have passed from the date his or her term of office
would have expired.
AB 2284 (Patterson), which recently failed passage in
the Assembly Elections and Redistricting Committee, would
have required a legislator who resigns before the
completion of his or her term to use surplus campaign
funds to pay for the resulting special election.
SB 976 (Vidak) Page 3 of
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Staff
Comments: FPPC would require one-half of a position (political
reform consultant) to administer this bill. Workload would
include (1) amending current regulations to clarify the new
rules, (2) responding to requests, and (3) updating manuals and
instruction materials. Estimated costs would be $53,000 in the
first year, and $46,000 annually thereafter.
Any local government costs resulting from the mandate in this
measure are not state-reimbursable because the mandate only
involves the definition of a crime or the penalty for conviction
of a crime.
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