BILL NUMBER: AB 2609 CHAPTERED
BILL TEXT
CHAPTER 592
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2012
APPROVED BY GOVERNOR SEPTEMBER 26, 2012
PASSED THE SENATE AUGUST 30, 2012
PASSED THE ASSEMBLY AUGUST 31, 2012
AMENDED IN SENATE AUGUST 30, 2012
AMENDED IN SENATE AUGUST 16, 2012
AMENDED IN ASSEMBLY APRIL 24, 2012
AMENDED IN ASSEMBLY APRIL 11, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Hueso
FEBRUARY 24, 2012
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,
relating to the Fish and Game Commission.
LEGISLATIVE COUNSEL'S DIGEST
AB 2609, Hueso. Fish and Game Commission.
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 and would
prohibit the commission from adopting or enforcing any other policy
or regulation that would make a commissioner ineligible to be elected
as president or vice president of the commission. The bill would
authorize the president or vice president to be removed from these
positions by a vote, at any time, of at least 3 commissioners. The
bill would require the commission to fill a vacancy in either
position at the next regularly scheduled meeting of the commission,
as prescribed. The bill would require the commission to adopt a code
of conduct that requires a commissioner to adhere to prescribed
principles and, by July 1, 2013, 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.
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. (a) 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.
(b) No president or vice president shall serve more than two
consecutive years.
(c) The president or vice president may be removed from the
position of president or vice president by a vote, at any time, of at
least three commissioners.
(d) In the event of a vacancy in either the position of president
or vice president, the commission shall fill that vacancy at the next
regularly scheduled meeting of the commission. The elected successor
president or vice president shall serve for the unexpired term of
the predecessor until the annual election pursuant to subdivision
(a).
(e) Except as provided in subdivision (b), the commission may not
adopt or enforce a policy or a regulation that provides for the
president and vice president to be chosen by seniority nor may the
commission adopt or enforce any other policy or regulation that would
make a commissioner ineligible to be elected as president or vice
president of the commission.
SEC. 3. Section 106 of the Fish and Game Code is repealed.
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 state laws or policies,
regulations, 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. By July 1, 2013, the commission shall adopt rules to govern
the business practices and processes of the commission.