BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 31 (Correa)
          
          Hearing Date: 1/17/2012         Amended: 1/10/2012
          Consultant: Maureen Ortiz       Policy Vote: E&CA 5-0
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          ____
          BILL SUMMARY:  SB 31 extends the "revolving door" prohibitions 
          to include officials who are appointed to local governing boards 
          or commission, as specified.
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2012-13      2013-14       2014-15     Fund
           
          FPPC admin costs                      $108                $174   
                       $174             General
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          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the 
          Suspense file.
          
          The Fair Political Practices Commission (FPPC) indicates the 
          following costs associated with personal services:  0.1 PY for a 
          Senior Commission Counsel in the Legal Division, 1 PY for a 
          Political Reform Consultant in the Technical Assistance 
          Division, and 0.5 PY for each of an Enforcement Counsel and 
          Special Investigator in the Enforcement Division.  Additionally, 
          the FPPC will incur one-time costs of $8,200 and ongoing 
          communication/training expenses of approximately $4,600 
          annually. 

          Existing law prohibits, for a period of one year after the 
          official leaves his or her position, local elected officials, 
          chief administrative officers of a county, city managers, 
          general managers or chief administrators of a special district, 
          from representing for compensation any other person by appearing 
          before, or communicating with, that local government agency if 
          the appearance or communication is made for the purpose of 
          influencing administrative or legislative amendment, awarding or 
          revocation of a permit, license, grant, or contract of the sale 
          or purchase of goods or property.  








          SB 31 (Correa)
          Page 1




          However, this existing prohibition does not apply to any 
          individual who is appearing or communicating on behalf of 
          another public agency, nor does it apply to appointed officials 
          or members of local governing boards who served in those 
          positions by virtue of holding a separate elected office.

          SB 31 will apply the one-year prohibition to any local public 
          official serving as a member of a governing board or commission 
          with decision-making authority.  The FPPC estimates that there 
          could potentially be thousands of local governing boards and 
          commissions including school boards, and multi-county agencies.  
          The prohibition does not apply to an individual who is a member 
          of a local governing board or commission that is solely 
          advisory.

          The Political Reform Act places several restrictions on the 
          activities of public officials who are leaving governmental 
          employment including "one-year" bans which generally restrict 
          the post-employment activities of former state officials, air 
          pollution control/air quality management district members, 
          officers and employers, and local officials.  Some individuals 
          are governed by "permanent" bans such as prohibiting former 
          state officials from permanently being paid to appear in a 
          proceeding involving specific parties (e.g., a lawsuit, 
          administrative law judge hearing, or a state contract) in which 
          the official previously participated.

          The Political Reform Act also prohibits all public officials 
          from making, participating in making, or influencing a 
          governmental decision that directly relates to a prospective 
          employer.