BILL ANALYSIS �
AB 1509
Page 1
Date of Hearing: April 25, 2012
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 1509 (Hayashi) - As Introduced: January 12, 2012
SUBJECT : Political Reform Act of 1974: statement of economic
interests.
SUMMARY : Requires a notification to be posted on Internet Web
sites maintained by a city or county clerk identifying the
elected officers who are required to file statements of economic
interests (SEI) with that city or county. Specifically, this
bill :
1)Requires each city clerk or county clerk who maintains an
Internet Web site to post on that Internet Web site a
notification including all of the following:
a) A list of elected officers who are required to file
their SEIs with that city or county clerk, as specified;
b) A statement informing the public that a copy of the SEI
for specified filers may be obtained by visiting either the
Fair Political Practices Commission (FPPC) office, or the
office of the city clerk or county clerk where the SEI is
filed, including the physical address for that office; and,
c) An electronic link to the FPPC Internet Web site, and a
statement that certain SEIs for state and local government
agency officers may be available in electronic format by
visiting the FPPC's Internet Web site.
2)Finds and declares that this bill furthers the purposes of the
Political Reform Act.
3)Declares that local agencies and school districts may be
reimbursed for state-mandated costs, as determined by the
Commission on State Mandates.
EXISTING LAW :
1)The Political Reform Act of 1974 requires persons holding
specified public offices to file disclosures of investments,
real property interests, and income within specified periods
AB 1509
Page 2
of assuming or leaving office, and annually while holding the
office. Specified local elected officers file their
statements of economic interests with the city clerk or county
clerk, who makes and retains a copy of each statement and
forwards the original to the FPPC, which is the filing
officer.
2)Creates the FPPC, and makes it responsible for the impartial,
effective administration and implementation of the Political
Reform Act of 1974 (PRA).
3)Requires candidates for, and current holders of, specified
elected or appointed state and local offices and designated
employees of state and local agencies to file SEIs disclosing
their financial interests, including investments, real
property interests, and income (including gifts).
FISCAL EFFECT : Unknown. This bill is keyed fiscal and a state
mandate.
COMMENTS :
1)This bill is intended to increase individual awareness of and
access to SEIs for certain state and local officials. The
measure is author-sponsored.
2)According to the author, "it can be difficult for interested
parties to review or obtain a copy of a local elected
official's Form 700. In an effort to increase public
awareness and access to Form 700s, AB 1509 will require
certain notifications to be posted on the websites of city or
county clerks".
According to the FPPC, the Form 700 SEI is "an important means
for the official that files them, the media, and the public to
help gauge where potential conflicts of interest may exist.
These state mandated forms include information about the
sources of an official's income, investments, business
positions, real property holdings and gifts." The FPPC's
website currently provides access only to the SEIs of state
constitutional officers, state legislators, and FPPC
commissioners. Some local ethics commissions, like the city
and county of San Francisco, provide online access to SEIs and
other filings as well.
AB 1509
Page 3
In practice, this bill will help increase awareness of the
public officials for whom SEIs are available, but it is
important to note that in many cases the SEI for local
officials may not be available online, and that accessing it
may require physically travelling to the city or county
clerk's office. It is important to note that this requirement
applies only to websites maintained by the clerk's office -
not necessarily websites for the city or county as a whole.
As the bill moves forward, it could be strengthened by
expanding the mandate to include in the notification a link to
the website of any local agency that makes local official SEIs
available online, if applicable.
3)This bill amends the PRA, an initiative passed in 1974 that
created the FPPC and codified significant restrictions and
prohibitions on candidates, officeholders and lobbyists.
Legislative amendments to the PRA must further the purposes of
the initiative and require a two-thirds vote of both houses.
4)Support arguments : It can be difficult for interested parties
to review or obtain a copy of a local elected official's Form
700. In an effort to increase public awareness and access to
Form 700s, AB 1509 will require certain notifications to be
posted on the websites of city or county clerks.
5)Opposition arguments : None on file.
6)This bill was heard in the Elections and Redistricting
Committee on March 27, 2012, where it was approved on a 6-0
vote (consent calendar).
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
AB 1509
Page 4
Analysis Prepared by : Hank Dempsey / L. GOV. / (916) 319-3958