BILL ANALYSIS Ó
AB 2609
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2609 (Hueso)
As Amended August 30, 2012
Majority vote
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|ASSEMBLY: |55-22|(May 29, 2012) |SENATE: |23-14|(August 30, |
| | | | | |2012) |
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Original Committee Reference: W., P. & W.
SUMMARY : Modifies requirements for election of officers of the
California Fish and Game Commission (FGC), and states
legislative intent that certain qualifications be considered in
making appointments to the FGC.
The Senate amendments remove language amending 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
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)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.
AS PASSED BY THE ASSEMBLY , this bill required that FGC
commissioners annually elect a president and vice president by a
concurrent vote of at least three commissioners (a majority of
AB 2609
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the five member commission), and that officers serve no more
than two consecutive years. Similarly provided that a president
or vice president may be removed at any time by a vote of least
three members of the FGC. In the event of a vacancy in either
position, the FGC shall fill the vacancy at the next regularly
scheduled meeting, and the elected successor shall serve for the
unexpired term of the predecessor until the next annual
election. The FGC would be prohibited 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. The members of the FGC would also be made subject to
provisions of the Political Reform Act applicable to elected
state officers, judges and other commissions such as the Public
Utilities Commission (PUC), the Coastal Commission and the State
Energy Resources Conservation and Development Commission,
requiring disclosure of gifts and other financial interests from
all sources. The FGC would be required to adopt a code of
conduct that requires commissioners to adhere to specified
principles and to adopt rules governing the business practices
and processes of the FGC by July 1, 2013. This bill also stated
legislative findings regarding the responsibilities of the FGC,
and stated legislative intent to encourage the Governor and
Senate Rules Committee to consider specified minimum
qualifications in selecting and confirming commissioners.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The Senate amendments removed provisions which
subjected members of the Fish and Game Commission to provisions
of the Political Reform Act applicable to elected state
officers, judges, and other commissions, such as the PUC,
Coastal Commission and State Energy Resources Conservation and
Development Commission, requiring disclosure of gifts and other
financial interests from all sources.
This bill as amended continues to state legislative intent
regarding the minimum qualifications that should be considered
for appointment of members of the Fish and Game Commission. The
qualifications include:
1)The degree to which the appointee would enhance the diversity
of the commission.
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2)The appointee's demonstrated interest and background in
wildlife and natural resources management.
3)The appointee's previous experience in public policy
decisionmaking.
4)The appointee's commitment to attendance and compliance with
conflict of interest laws.
5)The appointee's experience with science of natural resources
management.
6)The appointee's diversity of knowledge of natural resource
issues and scientific disciplines, including outdoor
recreation.
This bill also requires a majority vote of the members of the
commission for election or removal of officers, and prohibits
the commission from adopting a rule requiring that officers be
selected by seniority.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN:
0005874