BILL NUMBER: SB 593 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2011
INTRODUCED BY Senator Gaines
FEBRUARY 17, 2011
An act to add Section 87100.5 67051
to the Government Code, relating to the Tahoe Regional Planning
Agency.
LEGISLATIVE COUNSEL'S DIGEST
SB 593, as amended, Gaines. Political Reform Act of 1974: Tahoe
Regional Planning Agency: members: statement of economic interests.
(1) Existing law creates the Tahoe Regional Planning Agency as a
separate legal entity and as a political subdivision of the State of
California, and prescribes the membership and functions and duties of
the agency, as specified. Existing law requires that any member of
the agency that has a direct personal financial interest in a matter
officially coming before the agency to disclose the fact of his or
her interest and to abstain from participation in any discussion or
vote upon the matter. Existing law, the Political Reform Act of 1974,
prohibits a public official at any level of state or local
government from making, participating in making, or in any way
attempting to use his or her official position to influence a
governmental decision in which he or she knows, or has reason to
know, he or she has a financial interest. A violation of the act is a
crime.
This bill would additionally require each California member of the
agency, who represents the state in matters officially coming before
the agency, to comply with the certain
requirements of the Political Reform Act of 1974, and to file with
the Fair Political Practices Commission a specified form containing a
statement of economic interests. Because the bill would expand the
definition of a crime under the act, it would impose a state-mandated
local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(3) The Political Reform Act of 1974, an initiative measure,
provides that the Legislature may amend the act to further the act's
purposes upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87100.5 67051 is
added to the Government Code, to read:
87100.5. 67051. (a)
Each California member of the Tahoe Regional Planning Agency
who represents the state in matters officially coming before the
agency shall comply with the requirements of this chapter
the Political Reform Act of 1974 (Title 9 (commencing
with Section 81000)) and shall file with the Fair Political
Practices Commission a Form 700 statement of
economic interests.
(b) A court shall not invalidate, and the commission shall not
seek to invalidate, an action of the Tahoe Regional Planning Agency
as a remedy for a violation of the requirements of this chapter by a
California member of the agency, as specified in subdivision (a).
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 3. The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.