BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 593|
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CONSENT
Bill No: SB 593
Author: Gaines (R)
Amended: 4/26/11
Vote: 27
SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 5-0, 5/3/11
AYES: Correa, La Malfa, De León, Gaines, Lieu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Political Reform Act of 1974: Tahoe Regional
Planning
Agency
SOURCE : Author
DIGEST : This bill provides that a court shall not
invalidate, and the Fair Political Practice Commission
shall not seek to invalidate, an action of the Tahoe
Regional Planning Agency (TRPA) as a remedy for a violation
of the requirements of this bill by a California member of
the TRPA.
ANALYSIS :
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.
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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 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/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/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.
Background
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.
According to the author's office, existing law does not
require California members of the TRPA to file SEIs with
the FPPC. This bill requires them to do so, creating an
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important layer of transparency and oversight for this
governing board.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
DLW:do 5/17/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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