BILL NUMBER: SB 1271	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 26, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN ASSEMBLY  AUGUST 9, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Romero

                        FEBRUARY 19, 2010

   An act to add Section 87314 to the Government Code, relating to
the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1271, Romero. Political Reform Act of 1974: conflict of
interest codes.
   The Political Reform Act of 1974 requires each state and local
government agency to adopt and promulgate a conflict of interest code
that establishes conflict of interest standards for designated
employees of that agency and requires those employees to file
statements of economic interest disclosing specified personal
financial information. The act further requires specified public
officials, including officials who manage public investments, to also
file statements of economic interest, but does not require those
officials to be specifically enumerated in the agency's conflict of
interest code.
   This bill would require a board, commission, or agency of a public
pension or retirement system to attach to its conflict of interest
code an appendix that lists each position for which an individual
occupying that position is required to file a statement of economic
interests as a public official who manages public investments, as
defined. The bill would further require the board, commission, or
agency to post the appendix on its Internet Web site.
   This bill would impose a state-mandated local program by creating
additional responsibilities for local governmental agencies.
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill would declare that it furthers the purposes of the act.




THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 87314 is added to the Government Code, to read:

   87314.  (a) A board, commission, or agency of a public pension or
retirement system shall attach to its Conflict of Interest Code an
appendix entitled "Agency Positions that Manage Public Investments
for Purposes of Section 87200 of the Government Code." The appendix
shall list each position with the board, commission, or agency for
which an individual occupying the position is required to file a
Statement of Economic Interests as a public official who manages
public investments within the meaning of Section 87200. The board,
commission, or agency shall post the appendix on its Internet Web
site in a manner that makes it easily identifiable and accessible by
persons who view that Web site.
   (b) (1) For purposes of this section, "public official who manages
public investments" includes a salaried or unsalaried member of a
committee, board, commission, or other entity that exists as, or
within, a governmental agency and that possesses decisionmaking
authority.
   (2) A committee, board, commission, or other entity possesses
decisionmaking authority for purposes of this section if any of the
following apply:
   (A) The entity may make a final governmental decision.
   (B) The entity may compel a governmental decision or prevent a
governmental decision, either by virtue of possessing exclusive power
to initiate the decision or by having veto authority that may not be
overridden.
   (C) The entity makes substantive recommendations that are, and
over an extended period of time have been, regularly approved,
without significant amendment or modification, by another public
official or governmental agency.
   (3) A committee, board, commission, or other entity does not
possess decisionmaking authority for purposes of this section if it
is formed for the sole purpose of researching a subject and preparing
a report or recommendation for submission to another governmental
entity that has final decisionmaking authority.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
  SEC. 3.  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.