BILL ANALYSIS �
AB 2609
Page 1
Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 2609 (Hueso) - As Amended: March 29, 2012
SUBJECT : Fish and Game Commission
SUMMARY : Modifies requirements for election of officers of the
California Fish and Game Commission (FGC), subjects members of
the FGC to provisions of the Political Reform Act, and states
legislative intent that certain qualifications be considered in
making appointments to the FGC. Specifically, this bill :
1)States legislative findings and declarations regarding the
expansion in the scope of the FGC's responsibilities, and
states legislative intent that the Governor and Senate Rules
Committee consider certain minimum qualifications in making
and approving appointments to the FGC. The criteria to
consider include providing for diversity in commission
representation, the appointee's interest and background in
natural resources management, the appointee's experience in
public policy decision making, and the appointee's experience
with and knowledge of related scientific disciplines.
2)Requires that FGC commissioners annually elect a president and
vice president by a concurrent vote of at least 3
commissioners (a majority of the 5 member commission), and
that officers serve no more than two consecutive years.
3)Repeals the requirement that the FGC adopt its own conflict of
interest code, and instead makes members of the FGC subject to
provisions of the Political Reform Act applicable to elected
state officers, judges and other commissions such as the
Public Utilities Commission, the Coastal Commission and the
State Energy Resources Conservation and Development
Commission, requiring disclosure of gifts and other financial
interests from all sources.
4)Requires the FGC to adopt a code of conduct that requires
commissioners to adhere to specified principles. Requires the
FGC to also adopt rules governing the business practices and
processes of the FGC.
EXISTING LAW :
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1)Establishes the FGC in Article 4, Section 20 of the state
Constitution, as a 5 member commission appointed by the
Governor and approved by the Senate. Members of the FGC serve
6 year terms and until their successors are appointed and
qualified. The Constitution authorizes the Legislature to
delegate to the FGC such powers relating to the protection and
propagation of fish and game as the Legislature sees fit.
Provides that a commissioner may be removed from the FGC by a
concurrent resolution adopted by a majority of the members of
each house of the Legislature.
2)Requires members of the FGC to elect one of their members as
president and one as vice president. However, existing
regulations approved by the FGC require that the commissioner
with the most seniority serve as president.
3)Prohibits, pursuant to the Political Reform Act, a public
official from making, participating in, or attempting to use
their official position to influence a governmental decision
in which they have a financial interest. Requires specified
elected and appointed officers, including members of some
state commissions, to disclose financial interests, including
gifts, and the source of those gifts on their economic
interest statements.
4)Requires the FGC to adopt its own conflict of interest code,
and to disclose financial interests and gifts from sources
identified in the FGC conflict of interest code.
FISCAL EFFECT : Unknown
COMMENTS : The author indicates the purpose of this bill is to
improve the functions of the FGC by setting minimum
qualifications for the selection and appointment of
commissioners, and by holding the FGC to a higher ethical
standard and fuller disclosure requirements under the Political
Reform Act. This bill also requires the FGC to adopt a code of
conduct governing their practices and procedures, and requires a
majority vote of 3 out of 5 commissioners to select the FGC
President and Vice President. The author notes that the FGC's
jurisdiction has greatly expanded over the last 140 years to
include conservation and regulation of fish and wildlife
resources, and also includes quasi-judicial roles associated
with revocation or suspension of licenses and permits. As the
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FGC's powers have grown, the author asserts that it is important
that commissioners be held to a higher ethical standard,
commensurate with the scope of their duties and responsibilities
on behalf of the public. This bill also encourages the Governor
and Senate to select commissioners with experience and knowledge
of wildlife and natural resources management, and public policy
and decision making processes, to ensure that commissioners
possess the minimum qualifications to properly and
professionally handle the matters of the Commission.
Election of FGC President : The recent election of the current
FGC president highlighted an inconsistency between the current
statute, which requires the commissioners to elect the president
of the FGC by a vote of the members, and a regulation adopted by
the FGC which provides that only the commissioner with the most
seniority shall be president. A regulation cannot override or
be inconsistent with a statute. Some have argued that it is not
a real election if those voting have no choice over how they
will vote. The current FGC president, who is the commissioner
with the most seniority, was elected President of the FGC in
February of this year by only 2 votes of the 5 member commission
(two members abstained and one was absent). This bill would
require that the president of the FGC must be elected by a
concurrent vote of at least 3 members of the 5 member body,
thereby requiring a majority vote of the members.
Suggested Amendment : The author also proposes adoption of a
conforming committee amendment which would clarify the process
for removal of a President or Vice President of the FGC. The
proposed amendment reads: "At any time the President or Vice
President may be removed by a concurrent vote of at least three
Commissioners. In the event of a vacancy in either the position
of President or Vice-President, the Commissioners shall fill
that vacancy at the next regularly scheduled meeting of the
Commission and the successor shall serve for the remaining term
of his or her predecessor."
FGC appointments : The Constitutional provision which
established the FGC does not specify any qualifications or
minimum requirements for FGC commission appointments. In light
of the expanded scope of the FGC's responsibilities, and the
growth in the size and diversity of California's population,
this bill addresses the importance of having members of the FGC
reflect that broader diversity, and the breadth of knowledge and
public policy experience relevant to the position. The need for
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minimum qualifications for commissioners was also highlighted by
both the Stakeholder Advisory Group and the Blue Ribbon
Citizen's Commission that have been participating in the
strategic visioning process for the Department of Fish and Game
and the FGC. The Stakeholder Advisory Group noted that the
California State Constitution and state law are silent regarding
the qualifications of the appointed commissioners. They also
noted that the scope and responsibilities of the FGC have
significantly expanded over the years as the size and diversity
of California's population has grown. The five volunteer FGC
members are expected to make complex public policy and
biological decisions on behalf of all Californians based on
volumes of often very technical information. The Stakeholder
Advisory Group considered creating a defined set of mandatory
qualifications, including education, expertise, geographic
origin, and experience. However, it determined that such a
prescriptive approach would likely require a constitutional
amendment and could stifle the governor's ability to find
qualified people for appointment to the designated positions.
However, the Stakeholder Advisory Group found creating a new
statute to help guide the Governor's selection of appointees and
the senate's confirmation process could enhance commission
membership and result in decisions that improve the public's and
legislature's confidence. A Little Hoover Commission report
�1990] also specifically noted there was "no clear publicly
understood criteria for selection and appointment of Fish and
Game Commissioners." This bill is consistent with the
recommendations of the Stakeholder Advisory Group in proposing
new statutory language recommending criteria the governor and
Senate Rules Committee should consider when making and
confirming appointments as guidance for the future appointment
of Fish and Game Commissioners.
Code of Conduct: This bill also requires the FGC to adopt a
code of conduct containing specified principles. Similar
provisions can be found in the codes of conduct applicable to
other commissions with quasi-judicial functions. For example,
the Public Resources Code requires members of the California
Coastal Commission to act in the public interest and to abide by
principles of fundamental fairness and due process of law. The
California Judicial code of conduct also requires that judges
act in a manner that promotes public confidence in the integrity
and impartiality of their actions, without undue influence, and
avoid any impropriety or appearance of impropriety.
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Financial Interest Disclosure Requirements : This bill expands
financial interest reporting requirements for members of the
FGC. Under current law, state elected officials, judges, and
some state commissions are subject to provisions of the
Political Reform Act requiring disclosure of most financial
interests, including gifts and the sources of those gifts. The
FGC falls under less restrictive provisions of law requiring the
FGC to adopt its own conflict of interest code, and requiring
commissioners to report financial interests and gifts from
sources identified in the FGC's adopted code. This bill would
make the FGC subject to the same requirements as other state
commissions such as the Public Utilities Commission and the
Coastal Commission, which require disclosure of most financial
interests and gifts regardless of the source.
Note: This bill is double-referred to the Assembly Elections
and Reapportionment Committee which will hear it next if
approved by this committee.
Support Arguments : Supporters note this bill recognizes the
important role of FGC commissioners as representatives and
ambassadors of California's natural resource stewardship values,
and is consistent with recommendations coming out of the current
Fish and Wildlife Strategic Vision process being undertaken by a
broad array of stakeholders and resource management leaders.
REGISTERED SUPPORT / OPPOSITION :
Support
Endangered Habitats League
Humane Society of the United States
Ocean Conservancy
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096