BILL ANALYSIS Ó
AB 1509
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Date of Hearing: March 27, 2012
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1509 (Hayashi) - As Introduced: January 12, 2012
SUBJECT : Political Reform Act of 1974: statement of economic
interests.
SUMMARY : Requires a notification to be posted on Internet Web
sites maintained by a city clerk or county clerk identifying the
elected officers who are required to file statements of economic
interests (SEI) with that city or county clerk. Specifically,
this bill requires each city clerk or county clerk who maintains
an Internet Web site to post on that Internet Web site a
notification including all of the following:
1)A list of elected officers who are required to file their SEIs
with that city or county clerk pursuant to a specified
provision of existing law;
2)A statement informing the public that a copy of the SEI for
specified filers may be obtained by visiting either the Fair
Political Practices Commission (FPPC) office, or the office of
the city clerk or county clerk where the SEI is filed,
including the physical address for the office of the FPPC, the
city clerk, or the county clerk where the SEI is filed; and,
3)An electronic link to the FPPC Internet Web site including a
statement that certain SEIs for state and local government
agency officers may be available in electronic format by
visiting the FPPC's Internet Web site.
EXISTING LAW :
1)Creates the FPPC, and makes it responsible for the impartial,
effective administration and implementation of the Political
Reform Act of 1974 (PRA).
2)Requires candidates for, and current holders of, specified
elected or appointed state and local offices and designated
employees of state and local agencies to file SEIs disclosing
their financial interests, including investments, real
property interests, and income (including gifts).
AB 1509
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FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS :
1)Purpose of the Bill : According to the author, "it can be
difficult for interested parties to review or obtain a copy of
a local elected official's Form 700. In an effort to increase
public awareness and access to Form 700s, AB 1509 will require
certain notifications to be posted on the websites of city or
county clerks".
2)Access to Form 700 : This measure requires that Internet Web
sites maintained by a city clerk, or county clerk, identify
which elected officers are required to file SEIs in their
respective jurisdictions but does not require the actual SEI
to be made available electronically. The Committee may want
to consider the usefulness of a notification that limits the
viewer to only the names of the officials who are required to
file SEIs in that jurisdiction but restricts access to actual
copies of the SEI to individuals who are willing to visit the
physical offices of the FPPC, the city clerk or the county
clerk where the SEI is filed.
3)State Mandates : The 2011-2012 state budget included the
suspension of various state mandates as a mechanism for cost
savings. Included on the list of suspensions were all six
existing elections-related mandates. All the existing
elections-related mandates have been proposed for suspension
again by the Governor in his budget for the 2012-2013 fiscal
year. The Committee may wish to consider whether it is
desirable to create new election mandates when current
elections-related mandates are suspended.
4)Re-Referral to Local Government : Although this bill was not
originally double-referred, the Committee has been instructed
by the Assembly Rules Committee to send this measure to the
Assembly Local Government Committee upon passage.
5)Political Reform Act of 1974 : California voters passed an
initiative, Proposition 9, in 1974 that created the FPPC and
codified significant restrictions and prohibitions on
candidates, officeholders and lobbyists. That initiative is
commonly known as the PRA. Amendments to the PRA that are not
submitted to the voters, such as those contained in this bill,
AB 1509
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must further the purposes of the initiative and require a
two-thirds vote of both houses of the Legislature.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094