BILL ANALYSIS Ó
SB 593
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Date of Hearing: June 21, 2011
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 593 (Gaines) - As Amended: April 26, 2011
SENATE VOTE : 39-0
SUBJECT : Political Reform Act of 1974: Tahoe Regional Planning
Agency: members: statement of economic interests.
SUMMARY : Requires each California member of the Tahoe Regional
Planning Agency (TRPA) to comply with the Political Reform Act
(PRA) and to file a statement of economic interests (SEI).
Specifically, this bill :
1)Requires each California member of the TRPA who represents the
state in matters officially coming before the TRPA to comply
with the requirements of the PRA and to file a SEI with the
Fair Political Practices Commission (FPPC).
2)Prohibits a court from invalidating, and prohibits the FPPC
from seeking 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.
EXISTING LAW :
1)Creates the TRPA as a separate legal entity, and prescribes
the membership and functions and duties of the TRPA.
2)Requires each member and employee of the TRPA to disclose his
or her economic interests in the region that is under the
jurisdiction of the TRPA within 10 days after being seated on
the governing board or being employed by the agency. Requires
each member and employee thereafter to disclose any further
economic interest which he or she acquires as soon as feasible
after he or she acquires it. Defines "economic interest" to
mean any of the following:
a) Any business entity operating in the region that is
under the jurisdiction of the TRPA in which the member or
employee has a direct or indirect investment worth more
than $1,000;
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b) Any real property located in the region that is under
the jurisdiction of the TRPA in which the member or
employee has a direct or indirect interest worth more than
$1,000;
c) Any source of income attributable to activities in the
region that is under the jurisdiction of the TRPA, other
than loans by or deposits with a commercial lending
institution in the regular course of business, aggregating
$250 or more in value received by or promised to the member
within the previous 12 months; or,
d) Any business entity operating in the region that is
under the jurisdiction of the TRPA in which the member or
employee is a director, officer, partner, trustee,
employee, or holds any position of management.
3)Prohibits a member or employee of the TRPA from making, or
attempting to influence, an agency decision in which the
member or employee knows or has reason to know that he or she
has an economic interest. Requires a member or employee of
the TRPA to disqualify him or herself from making or
participating in the making of any decision of the agency when
it is reasonably foreseeable that the decision will have a
material financial effect, distinguishable from its effect on
the public generally, on the economic interests of the member
or employee.
4)Requires specified state and local officials to file periodic
SEIs disclosing their financial interests in accordance with
the PRA or the provisions of their respective agencies'
conflict of interest codes.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
State-mandated local program; contains a crimes and infractions
disclaimer.
COMMENTS :
1)Purpose of the Bill : According to the author, "Existing law
does not require California members of the Tahoe Regional
Planning Agency to file with the Fair Political Practices
Commission a statement of economic interests. SB 593 would
require them to do so, creating an important layer of
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transparency and oversight for this governing board."
2)Background : The TRPA was established in 1969 when Congress
ratified the Tahoe Regional Planning Compact between
California and Nevada. 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 members from California, seven
members from Nevada, and a non-voting member appointed by the
President. The board's mandate is to set policy and approve
amendments to the Lake Tahoe Regional Plan. According to the
TRPA, it is the responsibility of the board to use data along
with public input to make decisions and create regulations
that protect the health and quality of Lake Tahoe.
3)Political Reform Act of 1974 : California voters passed an
initiative, Proposition 9, in 1974 that created the FPPC and
codified significant restrictions and prohibitions on
candidates, officeholders and lobbyists. That initiative is
commonly known as the PRA. Amendments to the PRA that are not
submitted to the voters, such as those contained in this bill,
must further the purposes of the initiative and require a
two-thirds vote of both houses of the Legislature.
REGISTERED SUPPORT / OPPOSITION :
Support / Opposition
None on file.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094