BILL ANALYSIS Ó
AB 2609
Page 1
ASSEMBLY THIRD READING
AB 2609 (Hueso)
As Amended April 24, 2012
2/3 vote
WATER, PARKS & WILDLIFE 8-4 ELECTIONS
5-2
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|Ayes:|Huffman, Campos, Fong, |Ayes:|Fong, Bonilla, Hall, |
| |Gatto, | |Mendoza, |
| |Roger Hernández, Hueso, | |Swanson |
| |Lara, Yamada | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Halderman, Bill |Nays:|Donnelly, Logue |
| |Berryhill, | | |
| |Beth Gaines, Jones | | |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Norby, Wagner | | |
| | | | |
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SUMMARY : Modifies requirements for election of officers of the
California Fish and Game Commission (FGC), subjects members of the
FGC to provisions of the Political Reform Act, and states
legislative intent that certain qualifications be considered in
making appointments to the FGC. Specifically, this bill :
1)States legislative findings and declarations regarding the
expansion in the scope of the FGC's responsibilities, and states
legislative intent that the Governor and Senate Rules Committee
consider certain minimum qualifications in making and approving
appointments to the FGC. The criteria to consider include
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providing for diversity in commission representation, the
appointee's interest and background in natural resources
management, the appointee's experience in public policy decision
making, and the appointee's experience with and knowledge of
related scientific disciplines.
2)Requires that FGC commissioners annually elect a president and
vice president by a concurrent vote of at least three
commissioners (a majority of the five member commission), and
that officers serve no more than two consecutive years.
Similarly provides that a president or vice president may be
removed at any time by a vote of least three members of the FGC.
Provides that in the event of a vacancy in either position, the
FGC shall fill the vacancy at the next regularly scheduled
meeting, and that the elected successor shall serve for the
unexpired term of the predecessor until the next annual
election.
3)Prohibits the FGC from adopting or enforcing a policy or
regulation requiring that the president or vice president be
chosen by seniority or that would make a commissioner ineligible
to be elected as president or vice president.
4)Repeals the requirement that the FGC adopt its own conflict of
interest code, and instead makes members of the FGC subject to
provisions of the Political Reform Act applicable to elected
state officers, judges and other commissions such as the Public
Utilities Commission, the Coastal Commission and the State
Energy Resources Conservation and Development Commission,
requiring disclosure of gifts and other financial interests from
all sources.
5)Requires the FGC to adopt a code of conduct that requires
commissioners to adhere to specified principles. Requires the
FGC to also adopt rules governing the business practices and
processes of the FGC by July 1, 2013.
6)Requires a two-thirds vote because it amends the Political
Reform Act.
EXISTING LAW :
1)Establishes the FGC in Article 4, Section 20 of the State
Constitution, as a five member commission appointed by the
Governor and approved by the Senate. Members of the FGC serve
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six year terms and until their successors are appointed and
qualified. The Constitution authorizes the Legislature to
delegate to the FGC such powers relating to the protection and
propagation of fish and game as the Legislature sees fit.
Provides that a commissioner may be removed from the FGC by a
concurrent resolution adopted by a majority of the members of
each house of the Legislature.
2)Requires members of the FGC to elect one of their members as
president and one as vice president. However, existing
regulations approved by the FGC require that the commissioner
with the most seniority serve as president.
3)Prohibits, pursuant to the Political Reform Act, a public
official from making, participating in, or attempting to use
their official position to influence a governmental decision in
which they have a financial interest. Requires specified
elected and appointed officers, including members of some state
commissions, to disclose financial interests, including gifts,
and the source of those gifts on their economic interest
statements.
4)Requires the FGC to adopt its own conflict of interest code, and
to disclose financial interests and gifts from sources
identified in the FGC conflict of interest code.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor, absorbable costs to the commission.
COMMENTS : The author indicates the purpose of this bill is to
improve the functions of the FGC by setting minimum qualifications
for the selection and appointment of commissioners, and by holding
the FGC to a higher ethical standard and fuller disclosure
requirements under the Political Reform Act. This bill also
requires the FGC to adopt a code of conduct governing their
practices and procedures, and requires a majority vote of three
out of five commissioners to select the FGC president and vice
president. The author notes the FGC's jurisdiction has greatly
expanded over the last 140 years to include conservation and
regulation of fish and wildlife resources, and includes
quasi-judicial roles associated with revocation or suspension of
licenses and permits. As the FGC's powers have grown, the author
asserts it is important commissioners be held to a higher ethical
standard, commensurate with the scope of their duties and
responsibilities on behalf of the public. This bill also
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encourages the Governor and Senate to select commissioners who
reflect the diversity of California and who have experience and
knowledge of wildlife resources management and public policy
processes, to ensure commissioners possess the minimum
qualifications to properly and professionally handle the matters
of the FGC.
The recent election of the FGC president highlighted an
inconsistency between the current statute, which requires the
commissioners to elect the president of the FGC by a vote of the
members, and a regulation adopted by the FGC which provides that
only the commissioner with the most seniority shall be president.
A regulation cannot override or be inconsistent with a statute.
In addition, the FGC president who is the commissioner with the
most seniority was elected President of the FGC in February of
this year by only two votes of the five member commission (two
members abstained and one was absent). This bill would require
that the president of the FGC be elected by a concurrent vote of
at least three members of the five member body, thereby requiring
a majority vote of the members.
The Constitutional provision which established the FGC does not
specify any qualifications or minimum requirements for FGC
commissioners. In light of the expanded scope of the FGC's
responsibilities, and the growth in the size and diversity of
California's population, this bill addresses the need for members
of the FGC to reflect that broader diversity, and to have the
breadth of knowledge and public policy experience relevant to the
position. The need for minimum qualifications for commissioners
was also highlighted by both the Stakeholder Advisory Group and
the Blue Ribbon Citizen's Commission participating in the
strategic visioning process for the Department of Fish and Game
and the FGC. This bill is consistent with recommendations of the
Stakeholder Advisory Group for new statutory language recommending
criteria the Governor and Senate Rules Committee should consider
when making and confirming appointments to the FGC. A Little
Hoover Commission report Ý1990] also noted there are no clear
publicly understood criteria for selection and appointment of FGC
commissioners.
This bill also requires the FGC to adopt a code of conduct
containing specified principles. Similar provisions can be found
in the codes of conduct applicable to other commissions with
quasi-judicial functions. For example, the Public Resources Code
requires members of the California Coastal Commission to act in
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the public interest and to abide by principles of fundamental
fairness and due process of law. The California Judicial code of
conduct also requires that judges act in a manner that promotes
public confidence in the integrity and impartiality of their
actions, without undue influence, and to avoid any impropriety or
appearance of impropriety.
This bill expands financial interest reporting requirements for
members of the FGC. Under current law, state elected officials,
judges, and some state commissions are subject to provisions of
the Political Reform Act requiring disclosure of most financial
interests, including gifts and the sources of those gifts. The
FGC falls under less restrictive provisions of law requiring the
FGC to adopt its own conflict of interest code, and requiring
commissioners to report financial interests and gifts from sources
identified in the FGC's adopted code. This bill would make the
FGC subject to the same requirements as other state commissions
such as the Public Utilities Commission and the Coastal
Commission, which require disclosure of most financial interests
and gifts regardless of the source.
Supporters note this bill recognizes the important role of FGC
commissioners as representatives and ambassadors of California's
natural resource stewardship values, and is consistent with
recommendations coming out of the current Fish and Wildlife
Strategic Vision process being undertaken by a broad array of
stakeholders and resource management leaders.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096 FN: 0003581