BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2609|
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                                 THIRD READING


          Bill No:  AB 2609
          Author:   Hueso (D)
          Amended:  8/16/12 in Senate
          Vote:     27

           
           SENATE NATURAL RESOURCES AND WATER COMM. :  6-2, 6/26/12
          AYES:  Pavley, Evans, Kehoe, Padilla, Simitian, Wolk
          NOES:  La Malfa, Cannella
          NO VOTE RECORDED:  Fuller

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  55-22, 5/29/12 - See last page for vote


           SUBJECT  :    Fish and Game Commission

           SOURCE  :     Author


           DIGEST  :    This bill 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.

           Senate Floor Amendments  of 8/16/12 resolve potential 
          conflicts with provisions of AB 41 (Hill).

           ANALYSIS  :    Existing law:

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          1.Establishes as a five member commission appointed by the 
            Governor and approved by the Senate.  Members of the FGC 
            serve 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. 

          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 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 

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            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. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  8/20/12)

          Endangered Habitats League
          Fair Political Practices Commission
          PawPac
          The Humane Society

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           ARGUMENTS IN SUPPORT  :    According to the author, "As the 
          Commission's scope and responsibilities have significantly 
          expanded over the past 142 years and as scientific 
          knowledge of the habitat conservation and ecosystem-based 
          management needs of wildlife have grown, Commissioners are 
          increasingly expected to make complex public policy and 
          biological decisions.  It is necessary to meet minimum 
          qualifications for the selection and appointment of members 
          of the Commission and hold members to a higher ethical 
          standard, similar to other California boards and 
          commissions."

          The Humane Society further comments, "Recent events have 
          put the FGC appointment, political reporting and business 
          processes on the Legislature's radar. Over the years, many 
          stakeholders who have engaged with the FGC have raised 
          related concerns and suffered a lack of trust with respect 
          to FGC decisions. AB 2609 addresses a variety of those 
          concerns and, if enacted, would give the public additional 
          assurances about FGC's accountability, competency, and 
          transparency.


           ASSEMBLY FLOOR  :  55-22, 5/29/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Block, Blumenfield, Bonilla, Bradford, Brownley, 
            Buchanan, Butler, Charles Calderon, Campos, Carter, 
            Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, 
            Furutani, Galgiani, Gatto, Gordon, Gorell, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie 
            Lowenthal, Ma, Mendoza, Mitchell, Monning, Norby, Olsen, 
            Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Smyth, 
            Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NOES:  Bill Berryhill, Conway, Cook, Donnelly, Beth Gaines, 
            Garrick, Grove, Hagman, Halderman, Harkey, Jeffries, 
            Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, 
            Nielsen, Silva, Valadao, Wagner
          NO VOTE RECORDED:  Cedillo, Fletcher, Hall


          CTW:n  8/20/12   Senate Floor Analyses 


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                         SUPPORT/OPPOSITION:  SEE ABOVE

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