Marks to Offer Law to Limit Lobbying by Ex-Officials

The Senate Democratic caucus chairman said Tuesday that he will introduce legislation to prohibit former state officials from lobbying their old agencies for one year after leaving their posts.

“A 12-month cooling-off period would lessen both the potential for and the appearance of improper influence in the way state business is conducted,” said Sen. Milton Marks (D-San Francisco).

The measure would be similar to existing federal law, which triggered the investigation of former White House aide Michael K. Deaver, later convicted of three counts of perjury, regarding his lobbying activities after leaving President Reagan’s staff.

Marks’ proposal, if it had been in effect, presumably would have covered some of the lobbying activities of at least one top departed member of Gov. George Deukmejian’s Cabinet--former state Health and Welfare Secretary David B. Swoap. Swoap’s lobbying firm was hired by two pharmaceutical companies seeking to gain state business.

Kizer Supports Swoap

State Health Services Director Kenneth W. Kizer, who previously reported to Swoap, sided with his former boss, who denied using any improper influence. Swoap’s lobbying partner is Deukmejian’s first state finance director, Michael Franchetti.

Existing state law bars a former state official only from returning to his or her old agency and lobbying on specific proceedings in which they directly participated before resigning.

Marks’ bill would prohibit a former state official from lobbying his or her old agency. Specifically, the former state employee would be prohibited from lobbying anyone in the agency, formally or informally, concerning any proceeding or decision in which the agency had participated for 12 months prior to the former employee’s departure.

Ex-Legislators Excluded

The proposal, which calls for fines of up to $10,000 for guilty parties, would not cover former state legislators. A key legislative source said legislators were excluded largely because the bill would not pass if lawmakers were prohibited from lobbying for one year after leaving office.

Marks said his legislation would close the “revolving door” between state government and the private sector that has allowed former officials to improperly exploit their government contacts.

“The weakness of the (existing) law,” Marks said, “raises serious concerns about state officials who might go easy when dealing with prospective employers or former superiors in state government.”