Bill Text: CA AB2628 | 2015-2016 | Regular Session | Amended
Bill Title: Political Reform Act of 1974: employment restrictions.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2628 Detail]
Download: California-2015-AB2628-Amended.html
BILL NUMBER: AB 2628 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2016
AMENDED IN ASSEMBLY APRIL 6, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Levine
(Principal coauthor: Senator Jackson)
(Coauthors: Assembly Members Bonta, Campos, Chau, Chiu, Chu,
Eggman, Cristina Garcia, Gomez, McCarty, Nazarian, Thurmond, Weber,
Williams, and Wood)
(Coauthor: Senator McGuire)
FEBRUARY 19, 2016
An act to amend Section 87505 of, and to add Sections 87406.5 and
87506 to, the Government Code, relating to the Political Reform Act
of 1974.
LEGISLATIVE COUNSEL'S DIGEST
AB 2628, as amended, Levine. Political Reform Act of 1974:
employment restrictions.
The Political Reform Act of 1974 generally prohibits a public
official, as defined, from making, participating in making, or using
his or her official position to influence a governmental decision in
which the official has a financial interest. The act also requires
the disclosure of specified financial interests of certain public
officials on a statement of economic interests, which is filed
annually. The act imposes certain restrictions on postgovernmental
employment of specified public officials of state and local agencies.
This bill would require each state agency and each local agency
that maintains an Internet Web site to make publicly available on
that Internet Web site the statements of economic interests filed by
the specified public officials.
This bill would prohibit an elected or appointed officer of a
state or local agency, while holding office and for a period of one
year after leaving office, from engaging in specified conduct,
including maintaining employment with, as specified, or being a
compensated consultant of that agency or, for compensation, aiding,
advising, consulting with, or assisting an entity with a permit,
regulatory action, or enforcement action pending before the agency.
A violation of the act is punishable as a misdemeanor. By
expanding the scope of an existing crime, this bill would impose a
state-mandated local program. The bill would also impose a
state-mandated local program by increasing the duties imposed on
local officials.
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.
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.
Vote: 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 87406.5 is added to the Government Code, to
read:
87406.5. An elected or appointed officer of a state or local
agency, while holding office and for a period of one year after
leaving office, shall not do any of the following:
(a) Maintain employment with, in a position other than
the currently held elected or appointed office, with
or be a compensated consultant of the state or local agency.
For purposes of this section , "employment" does not
include the currently held appointive office or any elective office
of the state or local agency.
(b) Aid, advise, consult with, or assist an entity, for
compensation, with a permit, regulatory action, or enforcement action
pending before the state or local agency.
SEC. 2. Section 87505 of the Government Code is amended to read:
87505. Each city clerk or county clerk who maintains an Internet
Web site shall post on that Internet Web site a notification that
includes all of the following:
(a) A list of the elected officers identified in Section 87200 who
file statements of economic interests with that city clerk or county
clerk pursuant to Section 87500.
(b) A statement that copies of the statements of economic
interests filed by the elected officers described in subdivision (a)
may be obtained by visiting the offices of the Commission or that
city clerk or county clerk, as appropriate, or the Internet Web site
of the city or county. The statement shall include the physical
address for the Commission's office and the city clerk's office or
the county clerk's office, as appropriate.
(c) A link to the Commission's Internet Web site and a statement
that statements of economic interests for some state and local
government agency elected officers may be available in an electronic
format on the Commission's Internet Web site.
SEC. 3. Section 87506 is added to the Government Code, to read:
87506. Each state agency and each local agency that maintains an
Internet Web site shall make publicly available on the Internet Web
site each statement of economic interests filed with the agency's
filing officer by an official identified in Section 87200.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 5. 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.
