BILL ANALYSIS �
AB 41
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Date of Hearing: April 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 41 (Hill) - As Introduced: December 6, 2011
Policy Committee: ElectionsVote:7-0
(Consent)
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill expands reporting and other requirements of the
Political Reform Act (PRA), for members of the High-Speed Rail
Authority (HSRA), to match the requirements placed on other
specified high-ranking public officials. Specifically, this
bill:
1)Requires an HSRA member having a financial interest in a
decision before the authority to publicly identify the
financial interest that gives rise to the conflict of
interest, to recuse himself or herself from discussing or
voting on the matter, and to leave the room until after
discussion and disposition of the matter is concluded.
2)Expands the amount of information that an HSRA member must
disclose on their statement of economic interests (SEI).
FISCAL EFFECT
Minor absorbable costs to the Fair Political Practices
Commission (FPPC) for enforcement of more stringent PRA
provisions being applied to HSRA members, potentially offset by
fine revenues.
COMMENTS
1)Background . Currently the PRA subjects certain high-ranking
public officials (known as "87200 filers"- Section 87200 of
the Government Code) to the most expansive disclosure
requirements under the PRA. This includes elected state
officers, judges, members of the Public Utilities Commission,
AB 41
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the FPPC, and the California Coastal Commission, members of
county boards of supervisors, district attorneys, mayors, and
members of city councils, among others. These officers must
file periodic SEIs disclosing their investments, interests in
real property, and income (including gifts), and an 87200
filer who has a financial interest in a governmental decision
must do all of the following immediately prior to the
consideration of a matter in which the filer has a conflict of
interest:
a) Publicly identify the financial interest that gives rise
to the conflict of interest in detail sufficient to be
understood by the public.
b) Recuse himself or herself from discussing and voting on
the matter.
c) Leave the room until after the discussion, vote, and any
other disposition of the matter is concluded, unless the
matter is placed on the portion of the agenda reserved for
uncontested matters.
Members of the HSRA are currently included among public
officials subject to PRA reporting and disclosure requirements
somewhat less stringent than those outlined above, pursuant to
Section 83700 of the Government Code.
2)Purpose . The author argues that HSRA members should be held to
the same Section 87200 disclosure standards as are members of
comparable state bodies. The author cites an October 2010 Los
Angeles Times article finding that certain HSRA members
received more than $10,000 - under state law, the threshold
for disclosing sources of outside income - from the
special-interest clients in recent years, yet the potential
conflicts involving some of those clients have not always been
recognized or publicly disclosed members at HSRA meetings.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081