BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: AB 2609 HEARING DATE: June 26, 2012
AUTHOR: Hueso URGENCY: No
VERSION: April 24, 2012 CONSULTANT: Dennis O'Connor
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Fish and Game Commission.
BACKGROUND AND EXISTING LAW
Article IV, Section 20 of the California Constitution creates
the Fish and Game Commission: 5 members appointed by the
Governor and approved by the Senate for 6-year terms and until
their successors are appointed and qualified. A member of the
commission may be removed by concurrent resolution adopted by
each house, a majority of the membership concurring.
The Fish and Game Code requires commissioners to elect one of
their members as president, and one as vice president. The code
also requires the commission to adopt a conflict of interest
code pursuant to the Political Reform Act of 1974.
The commission has had a longstanding regulation that required
the president and vice president be selected based solely on
seniority. That regulation was repealed effective June 1, 2012.
PROPOSED LAW
This bill would:
1.Make legislative findings encouraging the Governor and the
Senate Committee on Rules to consider the following minimum
qualifications in selecting, appointing, and confirming
commissioners to serve on the commission:
The degree to which the appointee will enhance the
diversity of background and geographic representation of
the commission.
The appointee's demonstrated interest and background in,
and familiarity with, wildlife and natural resources
management programs at the state or federal level.
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The appointee's previous experience in public policy
decision-making, including government processes involving
public participation.
The appointee's commitment to prepare for and attend
meetings and subcommittee meetings of the commission and to
comply with all applicable state conflict-of-interest laws.
The extent of the appointee's exposure to and experience
with the basic science underpinning the management of
living natural resources.
The appointee's diversity of knowledge of natural
resource issues and related scientific disciplines,
including, but not limited to, outdoor recreation.
1.Add additional provisions regarding the election of the
president and vice president, including:
The election shall be held annually, by a concurrent
vote of at least three commissioners.
No president or vice president shall serve more than two
consecutive years.
The president or vice president may be removed from the
position of president or vice president by a vote, at any
time, of at least three commissioners.
1.Require the commission to adopt a code of conduct that
requires, at a minimum, that a commissioner:
Faithfully discharge the duties, responsibilities, and
quasi-judicial actions of the commission.
Conduct his or her affairs in the public's best
interest, following principles of fundamental fairness and
due process of law.
Conduct his or her affairs in an open, objective, and
impartial manner, free of undue influence and the abuse of
power and authority.
Understand that California's wildlife and natural
resources programs require public awareness, understanding,
and support of, and participation and confidence in, the
commission and its practices and procedures.
Preserve the public's welfare and the integrity of the
commission, and act to maintain the public's trust in the
commission and the implementation of its regulations and
policies.
Not conduct himself or herself in a manner that reflects
discredit upon state laws or policies, regulations, and
principles of the commission.
Not make, participate in making, or in any other way
attempt to use his or her official position to influence a
commission decision in which the member has a financial
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interest.
1.Move the requirement for the adoption of a conflict of
interest policy out of the Fish and Game Code and into the
Political Reform Act of 1974.
ARGUMENTS IN SUPPORT
According to the author, "As the Commission's scope and
responsibilities have significantly expanded over the past 142
years and as scientific knowledge of the habitat conservation
and ecosystem-based management needs of wildlife have grown,
Commissioners are increasingly expected to make complex public
policy and biological decisions. It is necessary to meet
minimum qualifications for the selection and appointment of
members of the Commission and hold members to a higher ethical
standard, similar to other California boards and commissions."
The Humane Society further comments, "Recent events have put the
FGC appointment, political reporting and business processes on
the Legislature's radar. Over the years, many stakeholders who
have engaged with the FGC have raised related concerns and
suffered a lack of trust with respect to FGC decisions. AB 2609
addresses a variety of those concerns and, if enacted, would
give the public additional assurances about FGC's
accountability, competency, and transparency."
ARGUMENTS IN OPPOSITION: None Received
COMMENTS
Standards and Qualifications . It is not unusual for the
legislature to require minimum qualifications and standards of
behavior for members of various boards, bureaus, and
commissions. Members of some boards, like the State Water
Resources Control Board, must have specific professional
qualifications in order to serve. Others, such as the Ocean
Protection Council, have a mix of ex officio positions and
public member positions, where the public members are to have
specific backgrounds and interests. This bill treats the Fish
and Game commissioners as if they are all public members,
needing some mix of experiences and interests.
Requirement for conduct are also not uncommon. 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.
Are These The Right Ones? Typically, minimum qualifications are
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few and rather broad. For example, the precise requirements for
appointing public members of the Coastal Commission are: "In
making their appointments pursuant to this division, the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall make good faith efforts to assure that their
appointments, as a whole, reflect, to the greatest extent
feasible, the economic, social, and geographic diversity of the
state." This bill proposes a fairly extensive but still
somewhat broad list of desirable characteristics.
Statutory requirements for behavior are generally of three
types. Some are extraordinary broad, such as ensuring the
decision is in the "public interest." Others are fairly
detailed, and focused on issues such as ex parte communication
and other forms of process fairness. This bill takes the third
path, typical of occupational licensing programs, requiring the
development of regulations governing professional behavior.
Even still, most statutory requirements simply call for the
developing of regulations relating to professional conduct and
ethical behavior. This bill goes further and details the types
of issues the regulations should address.
The Puma In The Room. In mid-February, there were numerous news
stories showing the President of the Fish and Game Commission
holding a dead mountain lion he killed in recent hunting trip in
Idaho. While hunting mountain lions is legal in Idaho, it is
not in California. Many environmental and animal welfare groups
expressed outrage, while a number of hunting organizations
defended the president's actions.
Related Bills. AB 41 (Hill) amends the same section of the
Political Reform Act of 1974 as this bill. Should AB 41 and
this both continue moving through the legislative process,
chaptering amendments would likely be necessary.
SUGGESTED AMENDMENTS: None
SUPPORT
Fair Political Practices Commission
The Humane Society
Endangered Habitats League
PawPac
OPPOSITION
None Received
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