BILL NUMBER: AB 2609 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Hueso
FEBRUARY 24, 2012
An act to amend Section 13000.1 of the Food and
Agricultural Code, relating to agricultural chemicals.
An act to amend Section 102 of, to add Sections 101.5, 107, and 108
to, and to repeal Section 106 of, the Fish and Game Code, and to
amend Section 87200 of the Government Code, relating to
the Fish and Game Commission.
LEGISLATIVE COUNSEL'S DIGEST
AB 2609, as amended, Hueso. Agricultural chemicals:
pesticides, restricted materials, livestock drugs, and fertilizers.
Fish and Game Commission.
(1) The California Constitution establishes the 5-member Fish and
Game Commission, with members appointed by the Governor and approved
by the Senate. Existing law requires the commissioners to elect one
of their number as president and one as vice president.
This bill would modify that election provision to instead require
that the commissioners annually elect one of their number as
president and one as vice president, by a concurrent vote of at least
3 commissioners. The bill would prohibit a president or vice
president from serving more than 2 consecutive years. The bill would
require the commission to adopt a code of conduct that requires a
commissioner to adhere to prescribed principles and to adopt rules to
govern the business practices and processes of the commission. The
bill would state the intent of the Legislature to encourage the
Governor and the Senate Committee on Rules to consider certain
minimum qualifications in selecting, appointing, and confirming
commissioners to serve on the commission.
(2) Existing provisions of the Political Reform Act of 1974
prohibit a public official at any level of state or local government
from making, participating in making, or attempting to use his or her
official position to influence a governmental decision in which he
or she knows or has reason to know that he or she has a financial
interest, as defined. Existing law also requires specified elected
and appointed officers at the state and local level of government to
disclose specified financial interests by filing periodic statements
of economic interests. Existing law further requires public officials
who hold specified offices and who have a financial interest in a
decision within the meaning of the Political Reform Act of 1974 to
publicly identify the financial interest giving rise to the conflict
of interest or potential conflict of interest, recuse themselves from
discussing and voting on the matter, and leave the room until after
the discussion, vote, and other disposition of the matter is
concluded, except as specified. Other existing law requires the
commission to adopt and approve a Conflict of Interest Code pursuant
to the Political Reform Act of 1974.
This bill would directly subject commissioners to certain
provisions of the Political Reform Act of 1974 by adding members of
the commission to those specified officers who must publicly identify
a financial interest giving rise to a conflict of interest or
potential conflict of interest, and recuse themselves accordingly.
Existing law makes a violation of the Political Reform Act of 1974
subject to administrative, civil, and criminal penalties. This bill
would impose a state-mandated local program by exposing these members
to potential criminal penalties for failing to make the disclosures
and recuse themselves where required by this bill.
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.
(3) 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.
Existing law governs the possession, use, distribution, sale, and
storage of pesticides. Existing law generally requires a Director of
Pesticide Regulation to administer and enforce these provisions and
to develop and adopt related regulations. Existing law also requires
the county agricultural commissioner to administer and enforce
regulations issued pursuant to these provisions. Existing law
authorizes the director or the county agricultural commissioner to
bring an action to enjoin the violation or the threatened violation
of any order made pursuant to the provisions governing the
possession, use, distribution, sale, and storage of pesticides.
This bill would make technical, nonsubstantive changes to the
provision authorizing the director or the county agricultural
commissioner to bring an action to enjoin the violation or the
threatened violation of any order made pursuant to the provisions
governing the possession, use, distribution, sale, and storage of
pesticides.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 101.5 is added to the Fish and Game
Code, to read:
101.5. (a) The Legislature finds and declares that the scope and
responsibilities of the commission have significantly expanded over
the years as the size and diversity of California's population have
increased, and as the scientific knowledge of the habitat
conservation and ecosystem-based management needs of wildlife has
expanded. The members of the commission are expected to make complex
public policy and biological decisions on behalf of the people of
California. The commission is created by the California Constitution,
which does not include any criteria or qualifications for selection
and appointment of commissioners.
(b) It is therefore the intent of the Legislature to encourage the
Governor and the Senate Committee on Rules to consider the following
minimum qualifications in selecting, appointing, and confirming
commissioners to serve on the commission:
(1) The degree to which the appointee will enhance the diversity
of background and geographic representation of the commission.
(2) The appointee's demonstrated interest and background in, and
familiarity with, wildlife and natural resources management programs
at the state or federal level.
(3) The appointee's previous experience in public policy
decisionmaking, including government processes involving public
participation.
(4) The appointee's commitment to prepare for and attend meetings
and subcommittee meetings of the commission and to comply with all
applicable state conflict-of-interest laws.
(5) The extent of the appointee's exposure to and experience with
the basic science underpinning the management of living natural
resources.
(6) The appointee's diversity of knowledge of natural resource
issues and related scientific disciplines, including, but not limited
to, outdoor recreation.
SEC. 2. Section 102 of the Fish and
Game Code is amended to read:
102. The commissioners shall annually elect one of
their number as president and one as vice president , by a
concurrent vote of at least three commissioners. No president or vice
president shall serve more than two consecutive years .
SEC. 3. Section 106 of the Fish and
Game Code is repealed.
106. (a) The commission shall adopt and approve a Conflict of
Interest Code pursuant to Article 3 (commencing with Section 87300)
of Chapter 7 of Title 9 of the Government Code.
(b) For a period of 12 months after leaving office, a former
commissioner shall be prohibited from acting as an agent or attorney
for, or otherwise representing, any person before the commission by
making any formal or informal appearance before, or any oral or
written communication to, the commission.
SEC. 4. Section 107 is added to the Fish and Game Code,
to read:
107. The commission shall adopt a code of conduct that requires,
at a minimum, that a commissioner adhere to the following principles:
(a) A commissioner shall faithfully discharge the duties,
responsibilities, and quasi-judicial actions of the commission.
(b) A commissioner shall conduct his or her affairs in the public'
s best interest, following principles of fundamental fairness and due
process of law.
(c) A commissioner shall conduct his or her affairs in an open,
objective, and impartial manner, free of undue influence and the
abuse of power and authority.
(d) A commissioner understands that California's wildlife and
natural resources programs require public awareness, understanding,
and support of, and participation and confidence in, the commission
and its practices and procedures.
(e) A commissioner shall preserve the public's welfare and the
integrity of the commission, and act to maintain the public's trust
in the commission and the implementation of its regulations and
policies.
(f) A commissioner shall not conduct himself or herself in a
manner that reflects discredit upon the laws, policies, and
principles of the commission.
(g) A commissioner shall not make, participate in making, or in
any other way attempt to use his or her official position to
influence a commission decision in which the member has a financial
interest.
SEC. 5. Section 108 is added to the Fish and Game Code,
to read:
108. The commission shall adopt rules to govern the business
practices and processes of the commission.
SEC. 6. Section 87200 of the Government
Code is amended to read:
87200. This article is applicable to elected state officers,
judges and commissioners of courts of the judicial branch of
government, members of the Fish and Game Commission,
members of the Public Utilities Commission, members of the State
Energy Resources Conservation and Development Commission, members of
the Fair Political Practices Commission, members of the California
Coastal Commission, members of planning commissions, members of the
board of supervisors, district attorneys, county counsels, county
treasurers, and chief administrative officers of counties, mayors,
city managers, city attorneys, city treasurers, chief administrative
officers and members of city councils of cities, and other public
officials who manage public investments, and to candidates for any of
these offices at any election.
SEC. 7. The Legislature finds and declares that Section
6 of this act furthers the purposes of the Political Reform Act of
1974 within the meaning of subdivision (a) of Section 81012 of the
Government Code.
SEC. 8. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.
SECTION 1. Section 13000.1 of the Food and
Agricultural Code is amended to read:
13000.1. The director or the commissioner may bring an action to
enjoin the violation or the threatened violation of any order made
pursuant to this division in the superior court in the county in
which the order is issued or the violation occurs or is threatened,
and the court may enjoin the violation or threatened violation upon
that showing and without further evidence of irreparable injury. The
court may compel specific performance of any acts or course of
conduct necessary to protect persons, animals, crops, or property.