BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 106|
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                                    CONSENT


          Bill No:  SB 106
          Author:   Senate Local Government Committee
          Amended:  As introduced
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  5-0, 3/4/09
          AYES:  Wiggins, Cox, Aanestad, Kehoe, Wolk


           SUBJECT  :    Local agencies:  ethics training

           SOURCE  :     Author


           DIGEST  :    This bill adds school districts, community  
          college districts, and county boards of education to the  
          definition of a local agency whose officials must receive  
          ethics training.  School officials must complete their  
          first ethics training by January 1, 2011.

           ANALYSIS  :    Counties, cities, special districts, and  
          school districts can compensate their governing bodies,  
          including reimbursement for local officials' expenses.  If  
          a county, city, or special district provides any form of  
          compensation, including reimbursement of expenses, to a  
          member of its legislative body, then all members of the  
          legislative body and its designated employees must receive  
          two hours of ethics training every two years (AB 1234  
          [Salinas], Chapter 700, Statutes of 2005).

          The ethics training must cover relevant ethics principles  
          and ethics laws, such as financial interest disclosure  
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          requirements and open government laws.  Local agencies and  
          their trade associations can provide the training at home,  
          in person, or online.  In addition, the Office of the  
          Attorney General and the Fair Political Practices  
          Commission provide free online ethics training.  The  
          training providers must give the participants proof of  
          participation and local agencies must maintain public  
          records of participation documentation.

          The ethics training law does not, however, apply to school  
          districts, community college districts, or county boards of  
          education.  Some school officials may not have a clear  
          understanding of their responsibilities under the state's  
          ethics law and may make mistakes.

          This bill adds school districts, community college  
          districts, and county boards of education to the definition  
          of a local agency whose officials must receive ethics  
          training.  School officials must complete their first  
          ethics training by January 1, 2011.

           Comments

           The Senate Local Government Committee analysis states that  
          according to Legislative Counsel, this bill does not create  
          a new state-mandated local program.  The requirements for  
          ethics training apply only to those school boards that  
          compensate their governing members.  For example, if a  
          community college district reimburses its trustees'  
          expenses, then the district must follow the rules se by  
          this bill.  But because there is no requirement to  
          reimburse expenses, the bill is not a mandate.  No  
          compensation, no requirement, no mandate.  However, most  
          school boards compensate their members and may argue that  
          it is impractical to withhold compensation.  Thus, even  
          though this bill does not create a new state-mandated local  
          program, school boards may be practically compelled to  
          provide ethics training to their members.
           
          FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  3/5/09)








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          American Federation of State, County and Municipal  
          Employees, AFC-CIO


          AGB:cm  3/5/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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