Bills · 2011-2012 Regular Session
attempts to influence certain governmental entities by former state officers and employees and attempts to influence state procurement decisions.
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Currently, except in the case of a former legislator or legislative employee, no
former state public official may, for compensation: 1) for 12 months following the
date on which he or she ceases to be a state public official, on behalf of any person
other than a governmental entity, make any formal or informal appearance before,
or negotiate with, any officer or employee of the agency with which he or she was
associated as a state public official within 12 months prior to the date on which he
or she ceased to be a state public official; 2) for 12 months following the date on which
he or she ceases to be a state public official, on behalf of any person other than a
governmental entity, make any formal or informal appearance before, or negotiate
with, any officer or employee of an agency in connection with any judicial or
quasi-judicial proceeding, application, contract, claim, or charge which might give
rise to a judicial or quasi-judicial proceeding which was under the former official's
responsibility as a state public official within 12 months prior to the date on which
he or she ceased to be a state public official; or 3) act on behalf of any party other than
the state in connection with any judicial or quasi-judicial proceeding, application,
contract, claim, or charge which might give rise to a judicial or quasi-judicial
proceeding in which the former official participated personally and substantially as
a state public official.
This bill adds "proposed procurement" to the matters that a former state public
official is prohibited from attempting to influence for compensation under the
current restrictions.
Violators are subject to a forfeiture (civil penalty) of not more than $5,000 for
each violation. Intentional violators are guilty of a misdemeanor and are subject to
a fine of not less than $100 nor more than $5,000 or imprisonment for not more than
one year or both for each violation.
Currently, with certain exceptions, a principal that engages a lobbyist to
attempt to influence state lawmaking or rulemaking on the principal's behalf must
register and file semiannual reports with the Government Accountability Board
containing specified information. This bill also requires registration and reporting,
subject to the same exceptions, by any principal, whether or not currently subject to
registration and reporting requirements, that engages a lobbyist to attempt to
influence the specifications for or the award of any state procurement contract or
order on behalf of the principal. Under the bill, a principal must report any proposed
procurement with respect to which the principal attempts to influence
administrative action, as well as the principal's reasonable estimate of its time spent
in lobbying associated with that procurement.
Violators are subject to a forfeiture of not more than $5,000 for each violation,
except that a principal that fails to report a proposed procurement that the principal
is attempting to influence is subject to a forfeiture of not more than $25 to $100,
depending upon whether the violation constitutes a first or subsequent offense
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Full history
- Mar 8, 2012 · Assembly
Introduced by Representatives Pasch, Vruwink, Zamarripa and Ringhand
- Mar 8, 2012 · Assembly
Read first time and referred to committee on Homeland Security and State Affairs
- Mar 20, 2012 · Assembly
Fiscal estimate received
- Mar 23, 2012 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1
- Mar 26, 2012 · Assembly
Fiscal estimate received