Bill Text: CA AB1716 | 2013-2014 | Regular Session | Enrolled
Bill Title: Political Reform Act of 1974: Postemployment activity restrictions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-09-30 - Vetoed by Governor. [AB1716 Detail]
Download: California-2013-AB1716-Enrolled.html
BILL NUMBER: AB 1716 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 19, 2014
PASSED THE ASSEMBLY APRIL 24, 2014
INTRODUCED BY Assembly Member Garcia
FEBRUARY 13, 2014
An act to amend Section 87400 of, and to add Section 87406.5 to,
the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 1716, Garcia. Political Reform Act of 1974: Postemployment
activity restrictions.
(1) The Political Reform Act of 1974 prohibits a former state
administrative official, as defined, from participating in judicial,
quasi-judicial, or other proceedings before a court or state
administrative agency in which the state is a party or has a direct
and substantial interest and in which the former state administrative
official participated, subject to limited exceptions, as specified.
This bill would impose these restrictions, subject to the same
exemptions, on local administrative officials, as defined, with
respect to judicial, quasi-judicial, or other proceedings before a
court, local government agency, or state administrative agency, as
specified.
(2) Violations of the act are punishable as a misdemeanor. By
expanding the scope of an existing crime, 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.
(3) 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87400 of the Government Code is amended to
read:
87400. Unless the contrary is stated or clearly appears from the
context, the definitions set forth in this section shall govern the
interpretation of this article.
(a) (1) "Judicial, quasi-judicial, or other proceeding" means any
proceeding, application, request for a ruling or other determination,
contract, claim, controversy, investigation, charge, accusation,
arrest, or other particular matter involving a specific party or
parties in any court or state administrative agency, including but
not limited to any proceeding governed by Chapter 5 (commencing with
Section 11500) of Division 3 of Title 2.
(2) For purposes of Section 87404 and 87406.5, "Judicial,
quasi-judicial, or other proceeding" shall additionally apply to
matters described in paragraph (1) that are before a local government
agency.
(b) "Local administrative official" means every member, officer,
employee or consultant of a local government agency who as part of
his or her official responsibilities engages in any judicial,
quasi-judicial, or other proceeding in other than a purely clerical,
secretarial or ministerial capacity.
(c) "Participated" means to have taken part personally and
substantially through decision, approval, disapproval, formal written
recommendation, rendering advice on a substantial basis,
investigation or use of confidential information as an officer or
employee, but excluding approval, disapproval or rendering of legal
advisory opinions to departmental or agency staff which do not
involve a specific party or parties.
(d) "State administrative agency" means every state office,
department, division, bureau, board and commission, but does not
include the Legislature, the courts or any agency in the judicial
branch of government.
(e) "State administrative official" means every member, officer,
employee or consultant of a state administrative agency who as part
of his or her official responsibilities engages in any judicial,
quasi-judicial, or other proceeding in other than a purely clerical,
secretarial or ministerial capacity.
SEC. 2. Section 87406.5 is added to the Government Code, to read:
87406.5. (a) A former local administrative official, after the
termination of his or her employment or term of office, shall not for
compensation do either of the following:
(1) Act as agent or attorney for, or otherwise represent, any
other person, other than the former official's local government
agency, before any court, local government agency, or state
administrative agency, or any officer or employee of those courts or
agencies by making any formal or informal appearance, or by making
any oral or written communication with the intent to influence, in
connection with any judicial, quasi-judicial, or other proceeding if
both of the following apply:
(A) The former local administrative official's local government
agency is a party or has a direct and substantial interest.
(B) The proceeding is one in which the former local administrative
official participated.
(2) Aid, advise, counsel, consult or assist in representing any
other person, except the local government agency, in any proceeding
in which the official would be prohibited from appearing under
paragraph (1).
(b) The prohibitions contained in subdivision (a) shall not apply
to any of the following:
(1) To prevent a former local administrative official from making
or providing a statement, which is based on the former local
administrative official's own special knowledge in the particular
area that is the subject of the statement, provided that no
compensation is received other than that regularly provided for by
law or regulation for witnesses.
(2) To communications made solely for the purpose of furnishing
information by a former local administrative official if the court,
local government agency, or state administrative agency to which the
communication is directed makes each of the following findings in
writing:
(A) That the former local administrative official has outstanding
and otherwise unavailable qualifications.
(B) That the former local administrative official is acting with
respect to a particular matter which requires such qualifications.
(C) That the public interest would be served by the participation
of the former local administrative official; or
(3) With respect to appearances or communications in a proceeding
in which a court, local government agency, or state administrative
agency has issued a final order, decree, decision, or judgment but
has retained jurisdiction if the local government agency of former
employment gives its consent by determining each of the following:
(A) That at least five years have elapsed since the termination of
the former local administrative official's employment or term of
office.
(B) That the public interest would not be harmed.
(c) The requirements imposed by this section shall not apply to
any person who left government service prior to the effective date of
this section with respect to that prior service.
SEC. 3. 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. 4. 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.
