BILL NUMBER: SB 31	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2012
	AMENDED IN SENATE  MARCH 23, 2011

INTRODUCED BY   Senator Correa

                        DECEMBER 6, 2010

    An act to add Title 9.5 (commencing with Section 91100)
to the Government Code, relating to local government.  
An act to amend Section 87406.3 of the Government Code, relating to
the Political Reform Act of 1974. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 31, as amended, Correa.  Local government: lobbyist
registration.   Postgovernment employment: restrictions.
 
   The Political Reform Act of 1974 prohibits, for a period of one
year after the official leaves his or her position, elected and other
specified local officials who held positions with a local government
agency, as defined, from acting as agents or attorneys for, or
otherwise representing, for compensation, any other person, by
appearing before, or communicating with, that local government
agency, or any committee, subcommittee, or present member of that
local government agency, or any officer or employee of the local
government agency, if the appearance or communication is made for the
purpose of influencing administrative or legislative action, as
specified, 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.
 
   This bill, in addition, would apply this prohibition to local
appointed officials.  
   Existing law makes a knowing or willful violation of the Political
Reform Act of 1974 a misdemeanor and subjects offenders to criminal
penalties.  
   This bill would impose a state-mandated local program by creating
an additional crime.  
   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.
 
   The Political Reform Act of 1974 provides for the comprehensive
regulation of lobbyists, as defined.  
   This bill would enact a comprehensive scheme to regulate lobbying
entities, as defined, that lobby local government agencies, including
requirements to register and make periodic reports regarding certain
lobbying activities. The bill would require each local government
agency to create a commission to implement and enforce the provisions
of the bill. By requiring local government agencies to implement a
new program, the bill would impose a state-mandated local program.
 
   The bill would provide that any person who knowingly or willingly
violates a provision of the bill, knowingly or willfully causes any
other person to violate any provision of the bill, or knowingly or
willfully aides and abets any other person in violation of any
provision of the bill is guilty of a misdemeanor. By creating a new
crime, the 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
 
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 87406.3 of the  
Government Code   is amended to read: 
   87406.3.  (a) A local elected  or appointed  official,
chief administrative officer of a county, city manager, or general
manager or chief administrator of a special district who held a
position with a local government agency as defined in Section 82041
shall not, for a period of one year after leaving that office or
employment, act as agent or attorney for, or otherwise represent, for
compensation, any other person, by making any formal or informal
appearance before, or by making any oral or written communication to,
that local government agency, or any committee, subcommittee, or
present member of that local government agency, or any officer or
employee of the local government agency, 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.
   (b) Subdivision (a) shall not apply to any individual who is, at
the time of the appearance or communication, a board member, officer,
or employee of another local government agency or an employee or
representative of a public agency and is appearing or communicating
on behalf of that agency.
   (c) Nothing in this section shall preclude a local government
agency from adopting an ordinance or policy that restricts the
appearance of a former local official before that local government
agency if that ordinance or policy is more restrictive than
subdivision (a).
   (d) Notwithstanding Sections 82002 and 82037, the following
definitions shall apply for purposes of this section only:
   (1) "Administrative action" means the proposal, drafting,
development, consideration, amendment, enactment, or defeat by any
local government agency of any matter, including any rule,
regulation, or other action in any regulatory proceeding, whether
quasi-legislative or quasi-judicial. Administrative action does not
include any action that is solely ministerial.
   (2) "Legislative action" means the drafting, introduction,
modification, enactment, defeat, approval, or veto of any ordinance,
amendment, resolution, report, nomination, or other matter by the
legislative body of a local government agency or by any committee or
subcommittee thereof, or by a member or employee of the legislative
body of the local government agency acting in his or her official
capacity. 
   (e) This section shall become operative on July 1, 2006. 

   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.  All matter omitted in this version of the bill
appears in the bill as amended in the Senate, March 23, 2011. (JR11)