Amended IN Assembly April 10, 2025 Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1286Introduced by Assembly Member BoernerFebruary 21, 2025An act to amend Sections 87202, 87203, 87204, 87302, 87302.3, and 87306 and 87204 of, and to add Sections 82004.2 and 87207.5 to, the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGESTAB 1286, as amended, Boerner. Political Reform Act of 1974: prospective employment.The Political Reform Act of 1974 requires specified public officials to file statements disclosing their investments and interests in real property on the date they assume office, and income received during the 12 months before assuming office, and to file subsequent statements at intervals specified by regulations of the Fair Political Practices Commission and upon leaving office. The act requires each public agency to adopt a conflict of interest code that requires designated employees to file statements disclosing their business positions, investments, interests in real property, and income, according to specified deadlines.This bill would also require those public officials to disclose arrangements for prospective employment according to specified deadlines, and would require public agencies conflict of interest codes to include similar disclosure requirements for designated employees. deadlines. The bill would define arrangement for prospective employment as an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts 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.A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By creating new disclosure requirements and therefore creating new crimes under the act, the 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.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 82004.2 is added to the Government Code, to read:82004.2. Arrangement for prospective employment means an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee, including through verbal or written acceptance.SEC. 2. Section 87202 of the Government Code is amended to read:87202. (a) (1) A person who is elected to an office specified in Section 87200 shall, within 30 days after assuming the office, file a statement disclosing the persons investments and the persons interests in real property held on the date of assuming office, income received during the 12 months before assuming office, and any arrangement for prospective employment if employment with that employer had not begun as of the date of assuming office.(2) A person who is appointed or nominated to an office specified in Section 87200 shall file such a statement not more than 30 days after assuming office, provided, however, that a person appointed or nominated to such an office who is subject to confirmation by the Commission on Judicial Appointments or the State Senate shall file such a statement no more than 10 days after the appointment or nomination.(3) The statement shall not be required if the person has filed, within 60 days prior to assuming office, a statement for the same jurisdiction pursuant to Section 87203.(b) Every elected state officer who assumes office during the month of December or January shall file a statement pursuant to Section 87203 instead of this section, except that:(1) The period covered for reporting investments and interests in real property shall begin on the date the person filed the persons declarations of candidacy.(2) The period covered for reporting income shall begin 12 months prior to the date the person assumed office.SEC. 3. Section 87203 of the Government Code is amended to read:87203. A person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under this section or Section 87202. The statement shall include any investments and interest in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.SEC. 4. Section 87204 of the Government Code is amended to read:87204. A person who leaves an office specified in Section 87200 shall, within 30 days after leaving the office, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under Sections 87202 or 87203. The statement shall include any investments and interests in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.SEC. 5. Section 87207.5 is added to the Government Code, to read:87207.5. When an arrangement for prospective employment is required to be reported under this article, the statement shall contain the date that the filer accepted the prospective employers offer of employment, the business position, a general description of the business activity of the prospective employer, and the name and street address of the prospective employer.SEC. 6.Section 87302 of the Government Code is amended to read:87302.Each conflict of interest code shall contain the following provisions:(a)(1)Specific enumeration of the positions within the agency, other than those specified in Section 87200, that involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, sources of income, and arrangements for prospective employment which are reportable.(2)An investment, business position, interest in real property, or source of income shall be made reportable by the conflict of interest code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the designated employees position.(3)An arrangement for prospective employment shall be made reportable by the conflict of interest code if the position with the prospective employer is one that would be subject to disclosure, based on the designated employees disclosure requirements pursuant to paragraph (2), as either of the following:(A)A source of income, if the filer had received income from that employer during the period covered by the statement.(B)A business position, if the filer had held that business position during the period covered by the statement.(b)(1)Requirements that each designated employee, other than those specified in Section 87200, file statements at times and under circumstances described in this section, disclosing reportable investments, business positions, interests in real property, income, and arrangements for prospective employment. The information disclosed with respect to reportable investments, interests in real property, income, and arrangements for prospective employment shall be the same as the information required by Sections 87206, 87207, and 87207.5.(2)The first statement filed under a conflict of interest code by a designated employee shall disclose any reportable investments, business positions, interests in real property, income, and arrangements for prospective employment. An initial statement shall be filed by each designated employee within 30 days after the effective date of the conflict of interest code, disclosing investments, business positions, and interests in real property held on the effective date of the conflict of interest code, income received during the 12 months before the effective date of the conflict of interest code, and an arrangement for prospective employment if employment with that employer had not begun as of the effective date of the conflict of interest code. Thereafter, each new designated employee shall file a statement within 30 days after assuming office, or, if subject to State Senate confirmation, 30 days after being appointed or nominated, disclosing investments, business positions, and interests in real property held on, and income received during the 12 months before, the date of assuming office or the date of being appointed or nominated, respectively.(3)Each designated employee shall file an annual statement, at the time specified in the conflict of interest code, disclosing reportable investments, business positions, interest in real property, income, and arrangements for prospective employment held, made, or received at any time during the previous calendar year or since the date the designated employee took office if during the calendar year. Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property, income, and arrangements for prospective employment held, made, or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.(c)Specific provisions setting forth any circumstances under which designated employees or categories of designated employees must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision. Disqualification shall be required by the Conflict of Interest Code when the designated employee has a financial interest as defined in Section 87103, which it is reasonably foreseeable may be affected materially by the decision, or when a governmental decision directly relates to the designated employees prospective employer pursuant to Section 87407. A designated employee shall not be required to disqualify the employees own self with respect to any matter that could not legally be acted upon or decided without the designated employees participation.(d)For any position enumerated pursuant to subdivision (a), an individual who resigns the position within 12 months following initial appointment or within 30 days of the date of a notice mailed by the filing officer of the individuals filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within 30 days of the date of a notice mailed by the filing officer, the individual shall do both of the following:(1)File a written resignation with the appointing power.(2)File a written statement with the filing officer on a form prescribed by the commission and signed under the penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.SEC. 7.Section 87302.3 of the Government Code is amended to read:87302.3.(a)A candidate for an elective office that is designated in a conflict of interest code shall file a statement disclosing the candidates investments, business positions, interests in real property, income received during the immediately preceding 12 months, and arrangements for prospective employment as enumerated in the disclosure requirements for that position. The statement shall be filed with the election official with whom the candidates declaration of candidacy or other nomination documents to appear on the ballot are required to be filed and shall be filed no later than the final filing date for the declaration or nomination documents.(b)This section does not apply to either of the following:(1)A candidate for an elective office designated in a conflict of interest code who has filed an initial, assuming office, or annual statement pursuant to that conflict of interest code within 60 days before the deadline specified in subdivision (a).(2)A candidate for an elective office who has filed a statement for the office pursuant to Section 87302.6 within 60 days before the deadline specified in subdivision (a).SEC. 8.Section 87306 of the Government Code is amended to read:87306.(a)Every agency shall amend its Conflict of Interest Code, subject to the provisions of Section 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pursuant to subdivision (a) of Section 87302 and relevant changes in the duties assigned to existing positions. Amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances necessitating the amendments have become apparent. If after nine months following the occurrence of those changes the Conflict of Interest Code has not been amended or revised, the superior court may issue any appropriate order in an action brought under the procedures set forth in Section 87305.(b)Notwithstanding subdivision (a), every state agency shall submit to the code reviewing body a biennial report identifying changes in its code, including, but not limited to, all new positions designated pursuant to subdivision (a) of Section 87302, changes in the list of reportable sources of income, reportable prospective employers, and relevant changes in the duties assigned to existing positions. These reports shall be submitted no later than March 1 of each odd-numbered year.SEC. 9.SEC. 6. 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.SEC. 10.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Amended IN Assembly April 10, 2025 Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1286Introduced by Assembly Member BoernerFebruary 21, 2025An act to amend Sections 87202, 87203, 87204, 87302, 87302.3, and 87306 and 87204 of, and to add Sections 82004.2 and 87207.5 to, the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGESTAB 1286, as amended, Boerner. Political Reform Act of 1974: prospective employment.The Political Reform Act of 1974 requires specified public officials to file statements disclosing their investments and interests in real property on the date they assume office, and income received during the 12 months before assuming office, and to file subsequent statements at intervals specified by regulations of the Fair Political Practices Commission and upon leaving office. The act requires each public agency to adopt a conflict of interest code that requires designated employees to file statements disclosing their business positions, investments, interests in real property, and income, according to specified deadlines.This bill would also require those public officials to disclose arrangements for prospective employment according to specified deadlines, and would require public agencies conflict of interest codes to include similar disclosure requirements for designated employees. deadlines. The bill would define arrangement for prospective employment as an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts 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.A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By creating new disclosure requirements and therefore creating new crimes under the act, the 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.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 10, 2025 Amended IN Assembly March 24, 2025
Amended IN Assembly April 10, 2025
Amended IN Assembly March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1286
Introduced by Assembly Member BoernerFebruary 21, 2025
Introduced by Assembly Member Boerner
February 21, 2025
An act to amend Sections 87202, 87203, 87204, 87302, 87302.3, and 87306 and 87204 of, and to add Sections 82004.2 and 87207.5 to, the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1286, as amended, Boerner. Political Reform Act of 1974: prospective employment.
The Political Reform Act of 1974 requires specified public officials to file statements disclosing their investments and interests in real property on the date they assume office, and income received during the 12 months before assuming office, and to file subsequent statements at intervals specified by regulations of the Fair Political Practices Commission and upon leaving office. The act requires each public agency to adopt a conflict of interest code that requires designated employees to file statements disclosing their business positions, investments, interests in real property, and income, according to specified deadlines.This bill would also require those public officials to disclose arrangements for prospective employment according to specified deadlines, and would require public agencies conflict of interest codes to include similar disclosure requirements for designated employees. deadlines. The bill would define arrangement for prospective employment as an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts 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.A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By creating new disclosure requirements and therefore creating new crimes under the act, the 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 requires specified public officials to file statements disclosing their investments and interests in real property on the date they assume office, and income received during the 12 months before assuming office, and to file subsequent statements at intervals specified by regulations of the Fair Political Practices Commission and upon leaving office. The act requires each public agency to adopt a conflict of interest code that requires designated employees to file statements disclosing their business positions, investments, interests in real property, and income, according to specified deadlines.
This bill would also require those public officials to disclose arrangements for prospective employment according to specified deadlines, and would require public agencies conflict of interest codes to include similar disclosure requirements for designated employees. deadlines. The bill would define arrangement for prospective employment as an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts 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.
A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By creating new disclosure requirements and therefore creating new crimes under the act, the 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 82004.2 is added to the Government Code, to read:82004.2. Arrangement for prospective employment means an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee, including through verbal or written acceptance.SEC. 2. Section 87202 of the Government Code is amended to read:87202. (a) (1) A person who is elected to an office specified in Section 87200 shall, within 30 days after assuming the office, file a statement disclosing the persons investments and the persons interests in real property held on the date of assuming office, income received during the 12 months before assuming office, and any arrangement for prospective employment if employment with that employer had not begun as of the date of assuming office.(2) A person who is appointed or nominated to an office specified in Section 87200 shall file such a statement not more than 30 days after assuming office, provided, however, that a person appointed or nominated to such an office who is subject to confirmation by the Commission on Judicial Appointments or the State Senate shall file such a statement no more than 10 days after the appointment or nomination.(3) The statement shall not be required if the person has filed, within 60 days prior to assuming office, a statement for the same jurisdiction pursuant to Section 87203.(b) Every elected state officer who assumes office during the month of December or January shall file a statement pursuant to Section 87203 instead of this section, except that:(1) The period covered for reporting investments and interests in real property shall begin on the date the person filed the persons declarations of candidacy.(2) The period covered for reporting income shall begin 12 months prior to the date the person assumed office.SEC. 3. Section 87203 of the Government Code is amended to read:87203. A person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under this section or Section 87202. The statement shall include any investments and interest in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.SEC. 4. Section 87204 of the Government Code is amended to read:87204. A person who leaves an office specified in Section 87200 shall, within 30 days after leaving the office, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under Sections 87202 or 87203. The statement shall include any investments and interests in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.SEC. 5. Section 87207.5 is added to the Government Code, to read:87207.5. When an arrangement for prospective employment is required to be reported under this article, the statement shall contain the date that the filer accepted the prospective employers offer of employment, the business position, a general description of the business activity of the prospective employer, and the name and street address of the prospective employer.SEC. 6.Section 87302 of the Government Code is amended to read:87302.Each conflict of interest code shall contain the following provisions:(a)(1)Specific enumeration of the positions within the agency, other than those specified in Section 87200, that involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, sources of income, and arrangements for prospective employment which are reportable.(2)An investment, business position, interest in real property, or source of income shall be made reportable by the conflict of interest code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the designated employees position.(3)An arrangement for prospective employment shall be made reportable by the conflict of interest code if the position with the prospective employer is one that would be subject to disclosure, based on the designated employees disclosure requirements pursuant to paragraph (2), as either of the following:(A)A source of income, if the filer had received income from that employer during the period covered by the statement.(B)A business position, if the filer had held that business position during the period covered by the statement.(b)(1)Requirements that each designated employee, other than those specified in Section 87200, file statements at times and under circumstances described in this section, disclosing reportable investments, business positions, interests in real property, income, and arrangements for prospective employment. The information disclosed with respect to reportable investments, interests in real property, income, and arrangements for prospective employment shall be the same as the information required by Sections 87206, 87207, and 87207.5.(2)The first statement filed under a conflict of interest code by a designated employee shall disclose any reportable investments, business positions, interests in real property, income, and arrangements for prospective employment. An initial statement shall be filed by each designated employee within 30 days after the effective date of the conflict of interest code, disclosing investments, business positions, and interests in real property held on the effective date of the conflict of interest code, income received during the 12 months before the effective date of the conflict of interest code, and an arrangement for prospective employment if employment with that employer had not begun as of the effective date of the conflict of interest code. Thereafter, each new designated employee shall file a statement within 30 days after assuming office, or, if subject to State Senate confirmation, 30 days after being appointed or nominated, disclosing investments, business positions, and interests in real property held on, and income received during the 12 months before, the date of assuming office or the date of being appointed or nominated, respectively.(3)Each designated employee shall file an annual statement, at the time specified in the conflict of interest code, disclosing reportable investments, business positions, interest in real property, income, and arrangements for prospective employment held, made, or received at any time during the previous calendar year or since the date the designated employee took office if during the calendar year. Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property, income, and arrangements for prospective employment held, made, or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.(c)Specific provisions setting forth any circumstances under which designated employees or categories of designated employees must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision. Disqualification shall be required by the Conflict of Interest Code when the designated employee has a financial interest as defined in Section 87103, which it is reasonably foreseeable may be affected materially by the decision, or when a governmental decision directly relates to the designated employees prospective employer pursuant to Section 87407. A designated employee shall not be required to disqualify the employees own self with respect to any matter that could not legally be acted upon or decided without the designated employees participation.(d)For any position enumerated pursuant to subdivision (a), an individual who resigns the position within 12 months following initial appointment or within 30 days of the date of a notice mailed by the filing officer of the individuals filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within 30 days of the date of a notice mailed by the filing officer, the individual shall do both of the following:(1)File a written resignation with the appointing power.(2)File a written statement with the filing officer on a form prescribed by the commission and signed under the penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.SEC. 7.Section 87302.3 of the Government Code is amended to read:87302.3.(a)A candidate for an elective office that is designated in a conflict of interest code shall file a statement disclosing the candidates investments, business positions, interests in real property, income received during the immediately preceding 12 months, and arrangements for prospective employment as enumerated in the disclosure requirements for that position. The statement shall be filed with the election official with whom the candidates declaration of candidacy or other nomination documents to appear on the ballot are required to be filed and shall be filed no later than the final filing date for the declaration or nomination documents.(b)This section does not apply to either of the following:(1)A candidate for an elective office designated in a conflict of interest code who has filed an initial, assuming office, or annual statement pursuant to that conflict of interest code within 60 days before the deadline specified in subdivision (a).(2)A candidate for an elective office who has filed a statement for the office pursuant to Section 87302.6 within 60 days before the deadline specified in subdivision (a).SEC. 8.Section 87306 of the Government Code is amended to read:87306.(a)Every agency shall amend its Conflict of Interest Code, subject to the provisions of Section 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pursuant to subdivision (a) of Section 87302 and relevant changes in the duties assigned to existing positions. Amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances necessitating the amendments have become apparent. If after nine months following the occurrence of those changes the Conflict of Interest Code has not been amended or revised, the superior court may issue any appropriate order in an action brought under the procedures set forth in Section 87305.(b)Notwithstanding subdivision (a), every state agency shall submit to the code reviewing body a biennial report identifying changes in its code, including, but not limited to, all new positions designated pursuant to subdivision (a) of Section 87302, changes in the list of reportable sources of income, reportable prospective employers, and relevant changes in the duties assigned to existing positions. These reports shall be submitted no later than March 1 of each odd-numbered year.SEC. 9.SEC. 6. 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.SEC. 10.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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 82004.2 is added to the Government Code, to read:82004.2. Arrangement for prospective employment means an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee, including through verbal or written acceptance.
SECTION 1. Section 82004.2 is added to the Government Code, to read:
### SECTION 1.
82004.2. Arrangement for prospective employment means an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee, including through verbal or written acceptance.
82004.2. Arrangement for prospective employment means an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee, including through verbal or written acceptance.
82004.2. Arrangement for prospective employment means an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee, including through verbal or written acceptance.
82004.2. Arrangement for prospective employment means an agreement pursuant to which a prospective employers offer of employment has been accepted by the prospective employee, including through verbal or written acceptance.
SEC. 2. Section 87202 of the Government Code is amended to read:87202. (a) (1) A person who is elected to an office specified in Section 87200 shall, within 30 days after assuming the office, file a statement disclosing the persons investments and the persons interests in real property held on the date of assuming office, income received during the 12 months before assuming office, and any arrangement for prospective employment if employment with that employer had not begun as of the date of assuming office.(2) A person who is appointed or nominated to an office specified in Section 87200 shall file such a statement not more than 30 days after assuming office, provided, however, that a person appointed or nominated to such an office who is subject to confirmation by the Commission on Judicial Appointments or the State Senate shall file such a statement no more than 10 days after the appointment or nomination.(3) The statement shall not be required if the person has filed, within 60 days prior to assuming office, a statement for the same jurisdiction pursuant to Section 87203.(b) Every elected state officer who assumes office during the month of December or January shall file a statement pursuant to Section 87203 instead of this section, except that:(1) The period covered for reporting investments and interests in real property shall begin on the date the person filed the persons declarations of candidacy.(2) The period covered for reporting income shall begin 12 months prior to the date the person assumed office.
SEC. 2. Section 87202 of the Government Code is amended to read:
### SEC. 2.
87202. (a) (1) A person who is elected to an office specified in Section 87200 shall, within 30 days after assuming the office, file a statement disclosing the persons investments and the persons interests in real property held on the date of assuming office, income received during the 12 months before assuming office, and any arrangement for prospective employment if employment with that employer had not begun as of the date of assuming office.(2) A person who is appointed or nominated to an office specified in Section 87200 shall file such a statement not more than 30 days after assuming office, provided, however, that a person appointed or nominated to such an office who is subject to confirmation by the Commission on Judicial Appointments or the State Senate shall file such a statement no more than 10 days after the appointment or nomination.(3) The statement shall not be required if the person has filed, within 60 days prior to assuming office, a statement for the same jurisdiction pursuant to Section 87203.(b) Every elected state officer who assumes office during the month of December or January shall file a statement pursuant to Section 87203 instead of this section, except that:(1) The period covered for reporting investments and interests in real property shall begin on the date the person filed the persons declarations of candidacy.(2) The period covered for reporting income shall begin 12 months prior to the date the person assumed office.
87202. (a) (1) A person who is elected to an office specified in Section 87200 shall, within 30 days after assuming the office, file a statement disclosing the persons investments and the persons interests in real property held on the date of assuming office, income received during the 12 months before assuming office, and any arrangement for prospective employment if employment with that employer had not begun as of the date of assuming office.(2) A person who is appointed or nominated to an office specified in Section 87200 shall file such a statement not more than 30 days after assuming office, provided, however, that a person appointed or nominated to such an office who is subject to confirmation by the Commission on Judicial Appointments or the State Senate shall file such a statement no more than 10 days after the appointment or nomination.(3) The statement shall not be required if the person has filed, within 60 days prior to assuming office, a statement for the same jurisdiction pursuant to Section 87203.(b) Every elected state officer who assumes office during the month of December or January shall file a statement pursuant to Section 87203 instead of this section, except that:(1) The period covered for reporting investments and interests in real property shall begin on the date the person filed the persons declarations of candidacy.(2) The period covered for reporting income shall begin 12 months prior to the date the person assumed office.
87202. (a) (1) A person who is elected to an office specified in Section 87200 shall, within 30 days after assuming the office, file a statement disclosing the persons investments and the persons interests in real property held on the date of assuming office, income received during the 12 months before assuming office, and any arrangement for prospective employment if employment with that employer had not begun as of the date of assuming office.(2) A person who is appointed or nominated to an office specified in Section 87200 shall file such a statement not more than 30 days after assuming office, provided, however, that a person appointed or nominated to such an office who is subject to confirmation by the Commission on Judicial Appointments or the State Senate shall file such a statement no more than 10 days after the appointment or nomination.(3) The statement shall not be required if the person has filed, within 60 days prior to assuming office, a statement for the same jurisdiction pursuant to Section 87203.(b) Every elected state officer who assumes office during the month of December or January shall file a statement pursuant to Section 87203 instead of this section, except that:(1) The period covered for reporting investments and interests in real property shall begin on the date the person filed the persons declarations of candidacy.(2) The period covered for reporting income shall begin 12 months prior to the date the person assumed office.
87202. (a) (1) A person who is elected to an office specified in Section 87200 shall, within 30 days after assuming the office, file a statement disclosing the persons investments and the persons interests in real property held on the date of assuming office, income received during the 12 months before assuming office, and any arrangement for prospective employment if employment with that employer had not begun as of the date of assuming office.
(2) A person who is appointed or nominated to an office specified in Section 87200 shall file such a statement not more than 30 days after assuming office, provided, however, that a person appointed or nominated to such an office who is subject to confirmation by the Commission on Judicial Appointments or the State Senate shall file such a statement no more than 10 days after the appointment or nomination.
(3) The statement shall not be required if the person has filed, within 60 days prior to assuming office, a statement for the same jurisdiction pursuant to Section 87203.
(b) Every elected state officer who assumes office during the month of December or January shall file a statement pursuant to Section 87203 instead of this section, except that:
(1) The period covered for reporting investments and interests in real property shall begin on the date the person filed the persons declarations of candidacy.
(2) The period covered for reporting income shall begin 12 months prior to the date the person assumed office.
SEC. 3. Section 87203 of the Government Code is amended to read:87203. A person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under this section or Section 87202. The statement shall include any investments and interest in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
SEC. 3. Section 87203 of the Government Code is amended to read:
### SEC. 3.
87203. A person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under this section or Section 87202. The statement shall include any investments and interest in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
87203. A person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under this section or Section 87202. The statement shall include any investments and interest in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
87203. A person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under this section or Section 87202. The statement shall include any investments and interest in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
87203. A person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under this section or Section 87202. The statement shall include any investments and interest in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
SEC. 4. Section 87204 of the Government Code is amended to read:87204. A person who leaves an office specified in Section 87200 shall, within 30 days after leaving the office, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under Sections 87202 or 87203. The statement shall include any investments and interests in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
SEC. 4. Section 87204 of the Government Code is amended to read:
### SEC. 4.
87204. A person who leaves an office specified in Section 87200 shall, within 30 days after leaving the office, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under Sections 87202 or 87203. The statement shall include any investments and interests in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
87204. A person who leaves an office specified in Section 87200 shall, within 30 days after leaving the office, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under Sections 87202 or 87203. The statement shall include any investments and interests in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
87204. A person who leaves an office specified in Section 87200 shall, within 30 days after leaving the office, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under Sections 87202 or 87203. The statement shall include any investments and interests in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
87204. A person who leaves an office specified in Section 87200 shall, within 30 days after leaving the office, file a statement disclosing the persons investments, interests in real property, income, and arrangements for prospective employment during the period since the previous statement filed under Sections 87202 or 87203. The statement shall include any investments and interests in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
SEC. 5. Section 87207.5 is added to the Government Code, to read:87207.5. When an arrangement for prospective employment is required to be reported under this article, the statement shall contain the date that the filer accepted the prospective employers offer of employment, the business position, a general description of the business activity of the prospective employer, and the name and street address of the prospective employer.
SEC. 5. Section 87207.5 is added to the Government Code, to read:
### SEC. 5.
87207.5. When an arrangement for prospective employment is required to be reported under this article, the statement shall contain the date that the filer accepted the prospective employers offer of employment, the business position, a general description of the business activity of the prospective employer, and the name and street address of the prospective employer.
87207.5. When an arrangement for prospective employment is required to be reported under this article, the statement shall contain the date that the filer accepted the prospective employers offer of employment, the business position, a general description of the business activity of the prospective employer, and the name and street address of the prospective employer.
87207.5. When an arrangement for prospective employment is required to be reported under this article, the statement shall contain the date that the filer accepted the prospective employers offer of employment, the business position, a general description of the business activity of the prospective employer, and the name and street address of the prospective employer.
87207.5. When an arrangement for prospective employment is required to be reported under this article, the statement shall contain the date that the filer accepted the prospective employers offer of employment, the business position, a general description of the business activity of the prospective employer, and the name and street address of the prospective employer.
Each conflict of interest code shall contain the following provisions:
(a)(1)Specific enumeration of the positions within the agency, other than those specified in Section 87200, that involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, sources of income, and arrangements for prospective employment which are reportable.
(2)An investment, business position, interest in real property, or source of income shall be made reportable by the conflict of interest code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the designated employees position.
(3)An arrangement for prospective employment shall be made reportable by the conflict of interest code if the position with the prospective employer is one that would be subject to disclosure, based on the designated employees disclosure requirements pursuant to paragraph (2), as either of the following:
(A)A source of income, if the filer had received income from that employer during the period covered by the statement.
(B)A business position, if the filer had held that business position during the period covered by the statement.
(b)(1)Requirements that each designated employee, other than those specified in Section 87200, file statements at times and under circumstances described in this section, disclosing reportable investments, business positions, interests in real property, income, and arrangements for prospective employment. The information disclosed with respect to reportable investments, interests in real property, income, and arrangements for prospective employment shall be the same as the information required by Sections 87206, 87207, and 87207.5.
(2)The first statement filed under a conflict of interest code by a designated employee shall disclose any reportable investments, business positions, interests in real property, income, and arrangements for prospective employment. An initial statement shall be filed by each designated employee within 30 days after the effective date of the conflict of interest code, disclosing investments, business positions, and interests in real property held on the effective date of the conflict of interest code, income received during the 12 months before the effective date of the conflict of interest code, and an arrangement for prospective employment if employment with that employer had not begun as of the effective date of the conflict of interest code. Thereafter, each new designated employee shall file a statement within 30 days after assuming office, or, if subject to State Senate confirmation, 30 days after being appointed or nominated, disclosing investments, business positions, and interests in real property held on, and income received during the 12 months before, the date of assuming office or the date of being appointed or nominated, respectively.
(3)Each designated employee shall file an annual statement, at the time specified in the conflict of interest code, disclosing reportable investments, business positions, interest in real property, income, and arrangements for prospective employment held, made, or received at any time during the previous calendar year or since the date the designated employee took office if during the calendar year. Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property, income, and arrangements for prospective employment held, made, or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.
(c)Specific provisions setting forth any circumstances under which designated employees or categories of designated employees must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision. Disqualification shall be required by the Conflict of Interest Code when the designated employee has a financial interest as defined in Section 87103, which it is reasonably foreseeable may be affected materially by the decision, or when a governmental decision directly relates to the designated employees prospective employer pursuant to Section 87407. A designated employee shall not be required to disqualify the employees own self with respect to any matter that could not legally be acted upon or decided without the designated employees participation.
(d)For any position enumerated pursuant to subdivision (a), an individual who resigns the position within 12 months following initial appointment or within 30 days of the date of a notice mailed by the filing officer of the individuals filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within 30 days of the date of a notice mailed by the filing officer, the individual shall do both of the following:
(1)File a written resignation with the appointing power.
(2)File a written statement with the filing officer on a form prescribed by the commission and signed under the penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.
(a)A candidate for an elective office that is designated in a conflict of interest code shall file a statement disclosing the candidates investments, business positions, interests in real property, income received during the immediately preceding 12 months, and arrangements for prospective employment as enumerated in the disclosure requirements for that position. The statement shall be filed with the election official with whom the candidates declaration of candidacy or other nomination documents to appear on the ballot are required to be filed and shall be filed no later than the final filing date for the declaration or nomination documents.
(b)This section does not apply to either of the following:
(1)A candidate for an elective office designated in a conflict of interest code who has filed an initial, assuming office, or annual statement pursuant to that conflict of interest code within 60 days before the deadline specified in subdivision (a).
(2)A candidate for an elective office who has filed a statement for the office pursuant to Section 87302.6 within 60 days before the deadline specified in subdivision (a).
(a)Every agency shall amend its Conflict of Interest Code, subject to the provisions of Section 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pursuant to subdivision (a) of Section 87302 and relevant changes in the duties assigned to existing positions. Amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances necessitating the amendments have become apparent. If after nine months following the occurrence of those changes the Conflict of Interest Code has not been amended or revised, the superior court may issue any appropriate order in an action brought under the procedures set forth in Section 87305.
(b)Notwithstanding subdivision (a), every state agency shall submit to the code reviewing body a biennial report identifying changes in its code, including, but not limited to, all new positions designated pursuant to subdivision (a) of Section 87302, changes in the list of reportable sources of income, reportable prospective employers, and relevant changes in the duties assigned to existing positions. These reports shall be submitted no later than March 1 of each odd-numbered year.
SEC. 9.SEC. 6. 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.
SEC. 9.SEC. 6. 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.
SEC. 9.SEC. 6. 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.
### SEC. 9.SEC. 6.
SEC. 10.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 10.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 10.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 10.SEC. 7.