BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2609| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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: CONTINUED AB 2609 Page 2 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 CONTINUED AB 2609 Page 3 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 CONTINUED AB 2609 Page 4 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 CONTINUED AB 2609 Page 5 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED