BILL ANALYSIS Ó
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: SB 593 HEARING DATE:
5/3/11
AUTHOR: GAINES ANALYSIS BY:
Darren Chesin
AMENDED: 4/26/11
FISCAL: YES
SUBJECT
Political Reform Act: Tahoe Regional Planning Agency
DESCRIPTION
Existing law requires specified state and local officials
to file periodic statements of economic interests (SEIs)
disclosing their financial interests in accordance with the
Political Reform Act (PRA) or the provisions of their
respective agency's conflict of interest code.
Existing law generally requires elected state, county, and
city officers as well as members of state licensing or
regulatory boards, bureaus, or commissions to file their
original SEIs with their agencies or their county/city
clerks who must make and retain a copy and forward the
original to the Fair Political Practices Commission (FPPC).
Most other individuals required to file SEIs, whether
state or local officials, file their originals with their
agencies or with their agency's code reviewing body as
provided by the agency's conflict of interest code.
Existing law creates the Tahoe Regional Planning Agency
(TRPA) as a separate legal entity and as a political
subdivision of the State of California, and prescribes the
membership, and functions and duties of the agency, as
specified. Any member of the agency that has a direct
personal financial interest in a matter officially coming
before the agency must disclose the fact of his or her
interest and abstain from participation in any discussion
or vote upon the matter. Existing law, pursuant to the PRA,
prohibits a public official at any level of state or local
government from making, participating in making, or in any
way attempting to use his or her official position to
influence a governmental decision in which he or she knows,
or has reason to know, he or she has a financial interest.
This bill would additionally require each California member
of the TRPA, who represents the state in matters officially
coming before the agency, to comply with the requirements
of the PRA, and to file with the FPPC a statement of
economic interests.
This bill would additionally provide that a court shall not
invalidate, and the FPPC shall not seek to invalidate, an
action of the TRPA as a remedy for a violation of the
requirements of this bill by a California member of the
TRPA.
BACKGROUND
SEI Filers . Existing law specifically enumerates that
certain high ranking state and local officials and other
public officials designated in their agency's conflict of
interest code to file periodic SEIs disclosing their
financial interests. Additionally, existing state law
prohibits any public official from making or participating
in the making of any governmental decision in which he or
she has a financial interest.
The Tahoe Regional Planning Agency . The TRPA was created
as a regional agency because the Lake Tahoe watershed
crosses a number of state and local political boundaries.
The TRPA has a 15-member Governing Board, seven from
California, seven from Nevada and one non-voting
Presidential Appointee. The Governing Board's mandate is
to set policy and to approve amendments to the Lake Tahoe
Regional Plan. According to the TRPA, it is the
responsibility of the Governing Board to use data along
with public input to make decisions and create regulations
that protect the health and quality of Lake Tahoe.
COMMENTS
1.According to the author , existing law does not require
California members of the TRPA to file SEIs with the
FPPC. SB 593 would require them to do so, creating an
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important layer of transparency and oversight for this
governing board.
POSITIONS
Sponsor: Author
Support: None received
Oppose: None received
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