BILL NUMBER: SB 801	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 22, 2011
	PASSED THE ASSEMBLY  JULY 14, 2011
	AMENDED IN ASSEMBLY  JUNE 13, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  APRIL 12, 2011

INTRODUCED BY   Senator Kehoe
   (Coauthors: Senators Correa and Gaines)

                        FEBRUARY 18, 2011

   An act to amend Section 87500 of the Government Code, relating to
the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 801, Kehoe. Political Reform Act of 1974: statement of economic
interests.
   Existing provisions of the Political Reform Act of 1974 require
specified candidates for elective office, elected and appointed state
officers, and public officers and employees to file statements of
economic interests with specified entities according to the employing
agency or office of the officer, employee, or candidate.
   This bill would direct persons appointed to a state board,
commission, or similar multimember body of the state, other than
those specified in the existing provisions described above, to file
their statements of economic interests with the respective board,
commission, or body. The bill would require the original statements
of economic interests to be handled as set forth in the Conflict of
Interest Code of the respective board, commission, or body and, if
the board, commission, or body is not required to send the original
to the Fair Political Practices Commission pursuant to its Conflict
of Interest Code, the bill would require the board, commission, or
body to forward a copy to the Fair Political Practices Commission.
   Existing provisions of the Political Reform Act of 1974, with
respect to statewide elected officers, candidates for statewide
elective office, Members of the Legislature, the State Board of
Equalization, and candidates for the Legislature or the State Board
of Equalization, require copies of the statements of economic
interests be sent, among other places, to the Secretary of State and
certain local elections officials, as specified.
   This bill would eliminate the requirement that copies of the
above-described statements of economic interests be sent to the
Secretary of State and the specified local elections officials.
   Because a violation of the act is a misdemeanor, the bill would
impose a state-mandated local program by creating a new crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill would declare that it furthers the purposes of the act.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 87500 of the Government Code is amended to
read:
   87500.  Statements of economic interests required by this chapter
shall be filed as follows:
   (a) Statewide elected officer--one original with the agency, which
shall make and retain a copy and forward the original to the
Commission. The Commission shall be the filing officer.
   (b) Candidates for statewide elective office--one original and one
copy with the person with whom the candidate's declaration of
candidacy is filed, who shall forward the original to the Commission.
The Commission shall be the filing officer.
   (c) Members of the Legislature and State Board of
Equalization--one original with the agency, which shall make and
retain a copy and forward the original to the Commission. The
Commission shall be the filing officer.
   (d) Candidates for the Legislature or the State Board of
Equalization--one original and one copy with the person with whom the
candidate's declaration of candidacy is filed, who shall forward the
original to the Commission. The Commission shall be the filing
officer.
   (e) Persons holding the office of chief administrative officer and
candidates for and persons holding the office of district attorney,
county counsel, county treasurer, and member of the board of
supervisors--one original with the county clerk, who shall make and
retain a copy and forward the original to the Commission, which shall
be the filing officer.
   (f) Persons holding the office of city manager or, if there is no
city manager, the chief administrative officer, and candidates for
and persons holding the office of city council member, city
treasurer, city attorney, and mayor--one original with the city
clerk, who shall make and retain a copy and forward the original to
the Commission, which shall be the filing officer.
   (g) Members of the Public Utilities Commission, members of the
State Energy Resources Conservation and Development Commission,
planning commissioners, and members of the California Coastal
Commission--one original with the agency, which shall make and retain
a copy and forward the original to the Commission, which shall be
the filing officer.
   (h) Persons appointed to other state boards, commissions, or
similar multimember bodies of the state--one original with the
respective board, commission, or body. The original shall be handled
as set forth in the Conflict of Interest Code of the respective
board, commission, or body. If the board, commission, or body is not
required by its Conflict of Interest Code to send the original to the
Commission, it shall forward a copy to the Commission.
   (i) Members of the Fair Political Practices Commission--one
original with the Commission, which shall make and retain a copy and
forward the original to the office of the Attorney General, which
shall be the filing officer.
   (j) Judges and court commissioners--one original with the clerk of
the court, who shall make and retain a copy and forward the original
to the Commission, which shall be the filing officer. Original
statements of candidates for the office of judge shall be filed with
the person with whom the candidate's declaration of candidacy is
filed, who shall retain a copy and forward the original to the
Commission, which shall be the filing officer.
   (k) Except as provided in subdivision (l), heads of agencies,
members of boards or commissions not under a department of state
government, and members of boards or commissions not under the
jurisdiction of a local legislative body--one original with the
agency, which shall make and retain a copy and forward the original
to the code reviewing body, which shall be the filing officer. The
code reviewing body may provide that the original be filed directly
with the code reviewing body and that no copy be retained by the
agency.
   (l) Heads of local government agencies and members of local
government boards or commissions, for which the Fair Political
Practices Commission is the code reviewing body--one original to the
agency or board or commission, which shall be the filing officer,
unless, at its discretion, the Fair Political Practices Commission
elects to act as the filing officer. In this instance, the original
shall be filed with the agency, board, or commission, which shall
make and retain a copy and forward the original to the Fair Political
Practices Commission.
   (m) Designated employees of the Legislature--one original with the
house of the Legislature by which the designated employee is
employed. Each house of the Legislature may provide that the
originals of statements filed by its designated employees be filed
directly with the Commission, and that no copies be retained by that
house.
   (n) Designated employees under contract to more than one joint
powers insurance agency and who elect to file a multiagency statement
pursuant to Section 87350--the original of the statement with the
Commission, which shall be the filing officer, and, with each agency
with which they are under contract, a statement declaring that their
statement of economic interests is on file with the Commission and
available upon request.
   (o) Members of a state licensing or regulatory board, bureau, or
commission--one original with the agency, which shall make and retain
a copy and forward the original to the Commission, which shall be
the filing officer.
   (p) Persons not mentioned above--one original with the agency or
with the code reviewing body, as provided by the code reviewing body
in the agency's conflict of interest code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 3.  The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.