BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2609|
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THIRD READING
Bill No: AB 2609
Author: Hueso (D)
Amended: 8/16/12 in Senate
Vote: 27
SENATE NATURAL RESOURCES AND WATER COMM. : 6-2, 6/26/12
AYES: Pavley, Evans, Kehoe, Padilla, Simitian, Wolk
NOES: La Malfa, Cannella
NO VOTE RECORDED: Fuller
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 55-22, 5/29/12 - See last page for vote
SUBJECT : Fish and Game Commission
SOURCE : Author
DIGEST : This bill 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.
Senate Floor Amendments of 8/16/12 resolve potential
conflicts with provisions of AB 41 (Hill).
ANALYSIS : Existing law:
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1.Establishes as a five member commission appointed by the
Governor and approved by the Senate. Members of the FGC
serve six 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.
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
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president and vice president by a concurrent vote of at
least three commissioners (a majority of the five member
commission), and that officers serve no more than two
consecutive years. Similarly provides that a president
or vice president may be removed at any time by a vote of
least three members of the FGC. Provides that in the
event of a vacancy in either position, the FGC shall fill
the vacancy at the next regularly scheduled meeting, and
that the elected successor shall serve for the unexpired
term of the predecessor until the next annual election.
3.Prohibits the FGC from adopting or enforcing a policy or
regulation requiring that the president or vice president
be chosen by seniority or that would make a commissioner
ineligible to be elected as president or vice president.
4.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.
5.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 by July 1,
2013.
6.Requires a two-thirds vote because it amends the
Political Reform Act.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/20/12)
Endangered Habitats League
Fair Political Practices Commission
PawPac
The Humane Society
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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.
ASSEMBLY FLOOR : 55-22, 5/29/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Block, Blumenfield, Bonilla, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Gorell, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mendoza, Mitchell, Monning, Norby, Olsen,
Pan, Perea, V. Manuel P�rez, Portantino, Skinner, Smyth,
Solorio, Swanson, Torres, Wieckowski, Williams, Yamada,
John A. P�rez
NOES: Bill Berryhill, Conway, Cook, Donnelly, Beth Gaines,
Garrick, Grove, Hagman, Halderman, Harkey, Jeffries,
Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande,
Nielsen, Silva, Valadao, Wagner
NO VOTE RECORDED: Cedillo, Fletcher, Hall
CTW:n 8/20/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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