Bill Text: CA SB679 | 2017-2018 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: postgovernment employment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-08-30 - August 30 set for second hearing canceled at the request of author. [SB679 Detail]
Download: California-2017-SB679-Amended.html
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Amended
IN
Senate
April 26, 2017 |
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Amended
IN
Senate
March 27, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 679 |
| Introduced by Senator Morrell |
February 17, 2017 |
An act to amend Section 87406 of the Government Code, relating to the Legislature.
LEGISLATIVE COUNSEL'S DIGEST
SB 679, as amended, Morrell.
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 communications with 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 of these prohibitions for to 2 years if a Member of the Legislature who
resigns from office to 5 years. office, commencing with the effective date of the resignation. This bill would make other technical, nonsubstantive changes.
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 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 87406 of the Government Code is amended to read:87406.
(a) This section shall be known, and may be cited, as the Milton Marks Postgovernment Employment Restrictions Act of 1990.(b) A (1) Except as provided in paragraph (2), a Member of the Legislature, for a period of five years one year after leaving office, shall not, for compensation, act
as agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the Legislature, any committee or subcommittee thereof, any present Member of the Legislature, or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing legislative action.
(2) If a Member of the Legislature resigns from office, the time period in paragraph (1) is two years, commencing with the effective date of the resignation.
(c) An elected state officer, other than a Member of the Legislature, for a period of one year after leaving office, shall not, for compensation, act as agent or
attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before any state administrative agency, or any officer or employee thereof, if the appearance or communication is for the purpose of influencing administrative 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. For purposes of this subdivision, an appearance before a “state administrative agency” does not include an appearance in a court of law, before an administrative law judge, or before the Workers’ Compensation Appeals Board.
(d) (1) A designated employee of a state administrative agency, any officer, employee, or
consultant of a state administrative agency who holds a position which entails the making, or participation in the making, of decisions which may foreseeably have a material effect on any financial interest, and no member of a state administrative agency, for a period of one year after leaving office or employment, shall not, for compensation, act as agent or attorney for, or otherwise represent, any other person, by making any formal or informal appearance, or by making any oral or written communication, before any state administrative agency, or officer or employee thereof, for which he or she worked or represented during the 12 months before leaving office or employment, 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. For purposes of this paragraph, an appearance before a state administrative agency does not include an appearance in a court of law, before an administrative law judge, or before the Workers’ Compensation Appeals Board. The prohibition of this paragraph applies to designated employees employed by a state administrative agency on or after January 7, 1991.
(2) For purposes of paragraph (1), a state administrative agency of a designated employee of the Governor’s office includes any
state administrative agency subject to the direction and control of the Governor.
(e) The prohibitions contained in subdivisions (b), (c), and (d) shall not apply to any individual subject to this section who is or becomes any of the following:
(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 the state agency, board, or commission.
(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.
