CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 698Introduced by Senators Wilk and PortantinoFebruary 16, 2023 An act to amend Section 8924.5 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTSB 698, as introduced, Wilk. Code of Ethics: California Council on Science and Technology: fellows.Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. Existing law provides that the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the code of ethics, and that such a fellow is not an employee of either house of the Legislature for these purposes, provided that certain requirements are met.This bill would extend the application of these provisions to a California Science and Technology Policy Fellow duly authorized by an executed memorandum of understanding between the California Council on Science and Technology and an executive branch agency or department, and would clarify that such a fellow is not an employee of the state for the purposes of the code of ethics, provided that certain requirements are met. The bill would expand the means by which a fellow could satisfy these requirements, including by being selected according to criteria and through a process included in the executed memorandum of understanding, and by agreeing to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8924.5 of the Government Code is amended to read:8924.5. (a) The Legislature finds and declares that the California Council on Science and Technology was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988). The council was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. The establishment of the California Science and Technology Policy Fellowships as a professional development program is consistent with the Legislatures intent in requesting the creation of the council and is expressly designed to fulfill the councils mission of assisting state policymakers as they face increasingly complex decisions related to science and technology challenges confronting the state in the 21st century.(b) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. 8920 or to any state elective or appointive officer for the purposes of any equivalent rule applicable to an executive branch agency or department.(c) A California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department is not an employee of either house of the Legislature or the state for purposes of this article.(d) For purposes of this section, a California Science and Technology Policy Fellow is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department only if both of the following requirements are satisfied:(1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or included in the executed memorandum of understanding between the council and an executive branch agency or department.(2) The California Council on Science and Technology has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or the state. CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 698Introduced by Senators Wilk and PortantinoFebruary 16, 2023 An act to amend Section 8924.5 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTSB 698, as introduced, Wilk. Code of Ethics: California Council on Science and Technology: fellows.Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. Existing law provides that the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the code of ethics, and that such a fellow is not an employee of either house of the Legislature for these purposes, provided that certain requirements are met.This bill would extend the application of these provisions to a California Science and Technology Policy Fellow duly authorized by an executed memorandum of understanding between the California Council on Science and Technology and an executive branch agency or department, and would clarify that such a fellow is not an employee of the state for the purposes of the code of ethics, provided that certain requirements are met. The bill would expand the means by which a fellow could satisfy these requirements, including by being selected according to criteria and through a process included in the executed memorandum of understanding, and by agreeing to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 698 Introduced by Senators Wilk and PortantinoFebruary 16, 2023 Introduced by Senators Wilk and Portantino February 16, 2023 An act to amend Section 8924.5 of the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST SB 698, as introduced, Wilk. Code of Ethics: California Council on Science and Technology: fellows. Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. Existing law provides that the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the code of ethics, and that such a fellow is not an employee of either house of the Legislature for these purposes, provided that certain requirements are met.This bill would extend the application of these provisions to a California Science and Technology Policy Fellow duly authorized by an executed memorandum of understanding between the California Council on Science and Technology and an executive branch agency or department, and would clarify that such a fellow is not an employee of the state for the purposes of the code of ethics, provided that certain requirements are met. The bill would expand the means by which a fellow could satisfy these requirements, including by being selected according to criteria and through a process included in the executed memorandum of understanding, and by agreeing to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state. Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. Existing law provides that the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the code of ethics, and that such a fellow is not an employee of either house of the Legislature for these purposes, provided that certain requirements are met. This bill would extend the application of these provisions to a California Science and Technology Policy Fellow duly authorized by an executed memorandum of understanding between the California Council on Science and Technology and an executive branch agency or department, and would clarify that such a fellow is not an employee of the state for the purposes of the code of ethics, provided that certain requirements are met. The bill would expand the means by which a fellow could satisfy these requirements, including by being selected according to criteria and through a process included in the executed memorandum of understanding, and by agreeing to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 8924.5 of the Government Code is amended to read:8924.5. (a) The Legislature finds and declares that the California Council on Science and Technology was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988). The council was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. The establishment of the California Science and Technology Policy Fellowships as a professional development program is consistent with the Legislatures intent in requesting the creation of the council and is expressly designed to fulfill the councils mission of assisting state policymakers as they face increasingly complex decisions related to science and technology challenges confronting the state in the 21st century.(b) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. 8920 or to any state elective or appointive officer for the purposes of any equivalent rule applicable to an executive branch agency or department.(c) A California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department is not an employee of either house of the Legislature or the state for purposes of this article.(d) For purposes of this section, a California Science and Technology Policy Fellow is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department only if both of the following requirements are satisfied:(1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or included in the executed memorandum of understanding between the council and an executive branch agency or department.(2) The California Council on Science and Technology has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or the state. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 8924.5 of the Government Code is amended to read:8924.5. (a) The Legislature finds and declares that the California Council on Science and Technology was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988). The council was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. The establishment of the California Science and Technology Policy Fellowships as a professional development program is consistent with the Legislatures intent in requesting the creation of the council and is expressly designed to fulfill the councils mission of assisting state policymakers as they face increasingly complex decisions related to science and technology challenges confronting the state in the 21st century.(b) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. 8920 or to any state elective or appointive officer for the purposes of any equivalent rule applicable to an executive branch agency or department.(c) A California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department is not an employee of either house of the Legislature or the state for purposes of this article.(d) For purposes of this section, a California Science and Technology Policy Fellow is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department only if both of the following requirements are satisfied:(1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or included in the executed memorandum of understanding between the council and an executive branch agency or department.(2) The California Council on Science and Technology has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or the state. SECTION 1. Section 8924.5 of the Government Code is amended to read: ### SECTION 1. 8924.5. (a) The Legislature finds and declares that the California Council on Science and Technology was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988). The council was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. The establishment of the California Science and Technology Policy Fellowships as a professional development program is consistent with the Legislatures intent in requesting the creation of the council and is expressly designed to fulfill the councils mission of assisting state policymakers as they face increasingly complex decisions related to science and technology challenges confronting the state in the 21st century.(b) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. 8920 or to any state elective or appointive officer for the purposes of any equivalent rule applicable to an executive branch agency or department.(c) A California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department is not an employee of either house of the Legislature or the state for purposes of this article.(d) For purposes of this section, a California Science and Technology Policy Fellow is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department only if both of the following requirements are satisfied:(1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or included in the executed memorandum of understanding between the council and an executive branch agency or department.(2) The California Council on Science and Technology has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or the state. 8924.5. (a) The Legislature finds and declares that the California Council on Science and Technology was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988). The council was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. The establishment of the California Science and Technology Policy Fellowships as a professional development program is consistent with the Legislatures intent in requesting the creation of the council and is expressly designed to fulfill the councils mission of assisting state policymakers as they face increasingly complex decisions related to science and technology challenges confronting the state in the 21st century.(b) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. 8920 or to any state elective or appointive officer for the purposes of any equivalent rule applicable to an executive branch agency or department.(c) A California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department is not an employee of either house of the Legislature or the state for purposes of this article.(d) For purposes of this section, a California Science and Technology Policy Fellow is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department only if both of the following requirements are satisfied:(1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or included in the executed memorandum of understanding between the council and an executive branch agency or department.(2) The California Council on Science and Technology has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or the state. 8924.5. (a) The Legislature finds and declares that the California Council on Science and Technology was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988). The council was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. The establishment of the California Science and Technology Policy Fellowships as a professional development program is consistent with the Legislatures intent in requesting the creation of the council and is expressly designed to fulfill the councils mission of assisting state policymakers as they face increasingly complex decisions related to science and technology challenges confronting the state in the 21st century.(b) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. 8920 or to any state elective or appointive officer for the purposes of any equivalent rule applicable to an executive branch agency or department.(c) A California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department is not an employee of either house of the Legislature or the state for purposes of this article.(d) For purposes of this section, a California Science and Technology Policy Fellow is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department only if both of the following requirements are satisfied:(1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or included in the executed memorandum of understanding between the council and an executive branch agency or department.(2) The California Council on Science and Technology has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or the state. 8924.5. (a) The Legislature finds and declares that the California Council on Science and Technology was organized as a nonprofit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code in response to Assembly Concurrent Resolution No. 162 (Resolution Chapter 148 of the Statutes of 1988). The council was uniquely established at the request of the Legislature for the specific purpose of offering expert advice to state government on public policy issues significantly related to science and technology. The establishment of the California Science and Technology Policy Fellowships as a professional development program is consistent with the Legislatures intent in requesting the creation of the council and is expressly designed to fulfill the councils mission of assisting state policymakers as they face increasingly complex decisions related to science and technology challenges confronting the state in the 21st century. (b) The services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department are not compensation, a reward, or a gift to a Member of the Legislature for purposes of paragraph (4) of subdivision (b) of Section 8920. 8920 or to any state elective or appointive officer for the purposes of any equivalent rule applicable to an executive branch agency or department. (c) A California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department is not an employee of either house of the Legislature or the state for purposes of this article. (d) For purposes of this section, a California Science and Technology Policy Fellow is duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executed memorandum of understanding between the council and an executive branch agency or department only if both of the following requirements are satisfied: (1) The California Science and Technology Policy Fellow has been selected according to criteria, and pursuant to a process, approved by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or included in the executed memorandum of understanding between the council and an executive branch agency or department. (2) The California Council on Science and Technology has executed an agreement with the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules Rules, or an executive branch agency or department whereby the California Science and Technology Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the Senate Committee on Rules, the Assembly Committee on Rules, or Rules, the Joint Committee on Rules. Rules, or the state.