BILL ANALYSIS
SB 1271
Page 1
SENATE THIRD READING
SB 1271 (Romero)
As Amended August 9, 2010
2/3 vote
SENATE VOTE :30-0
ELECTIONS 7-0 APPROPRIATIONS 17-0
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|Ayes:|Fong, Adams, Bill |Ayes:|Fuentes, Conway, |
| |Berryhill, Gatto, | |Bradford, |
| |Mendoza, Saldana, Swanson | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |De Leon, Gatto, Hall, |
| | | |Harkey, Miller, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Requires a public retirement board to attach an
appendix to its conflict of interest code that lists each
position with the board for which an individual occupying the
position is required to file a Statement of Economic Interests
(SEI) as a public official who manages public investments.
Specifically, this bill :
1)Requires a public retirement board, commission, or agency to
attach to its conflict of interest code an appendix entitled
"Agency Positions that Manage Public Investments for Purposes
of Section 87200 of the Government Code." Requires the
appendix to list each position with the board, commission, or
agency for which an individual occupying the position is
required to file a SEI as a public official who manages public
investments within the meaning of existing state law.
Requires the board, commission, or agency to post this
appendix on its Internet Web site in a manner that makes it
easily identifiable and accessible by persons who view the Web
site.
2)Provides that, for the purposes of this bill, "public official
who manages public investments" includes a salaried or
unsalaried member of a committee, board, commission, or other
entity that exists as, or within, a governmental agency and
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that possesses decision making authority.
3)Provides that a committee, board, commission, or other entity
possesses decision making authority for the purposes of this
bill if any of the following apply:
a) The entity may make a final governmental decision;
b) The entity may compel a governmental decision or prevent
a governmental decision, either by virtue of possessing
exclusive power to initiate the decision or by having veto
authority that may not be overridden; or,
c) The entity makes substantive recommendations that are,
and over an extended period of time have been, regularly
approved, without significant amendment or modification, by
another public official or governmental agency.
4)Provides that a committee, board, commission, or other entity
does not possess decision making authority for the purposes of
this bill if it is formed for the sole purpose of researching
a subject and preparing a report or recommendation for
submission to another governmental entity that has final
decision making authority.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable costs to the Fair Political
Practices Commission (FPPC), the California Public Employees
Retirement System, and the California State Teachers Retirement
System, and minor reimbursable costs to local retirement systems
to comply with the bill's requirements.
COMMENTS : According to the author, "There are some public
employee pension systems that have persons who join with the
governing bodies and participate in the decision making process
during meetings. These persons may be employees or
non-employees. Although these persons do not vote, they still
have influence in the decision making process. However, these
non-employees/employees do not file Statements of Economic
Interest; thus, there is a lack of transparency. This bill would
encompass those persons who participate in the decision making
process, but do not vote, requiring them to file Statements of
Economic Interests."
California voters passed an initiative, Proposition 9, in 1974
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that created the FPPC and codified significant restrictions and
prohibitions on candidates, officeholders and lobbyists. That
initiative is commonly known as the Political Reform Act (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.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0005632