BILL NUMBER: SB 801	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kehoe

                        FEBRUARY 18, 2011

   An act to amend Section 87500 of the Government Code, relating to
the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 801, as introduced, Kehoe. Political Reform Act of 1974:
statement of economic interests.
   Existing provisions of the Political Reform Act of 1974 require
specified candidates for elective office, elected and appointed state
officers, and public officers and employees to file statements of
economic interests with specified entities according to the employing
agency or office of the officer, employee, or candidate.
   This bill would direct persons appointed to a specific term on a
state board, commission, or similar multimember body of the state by
the Governor to file one original copy of their statements of
economic interests with the respective board, commission, or body,
which would be required to make and retain a copy and forward the
original to the Fair Political Practices Commission (FPPC). The bill
would designate the FPPC as the filing officer for purposes of those
statements.
   Because a violation of the act is a misdemeanor, the bill would
impose a state-mandated local program by creating a new crime.
   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.
   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 87500 of the Government Code is amended to
read:
   87500.  Statements of economic interests required by this chapter
shall be filed as follows:
   (a) Statewide elected officer-one original with the agency, which
shall make and retain a copy, forward a copy to the Secretary of
State, and forward the original to the  commission 
 Commission  , which shall retain the original and send one
copy to the Registrar-Recorder of Los Angeles County and one copy to
the Clerk of the City and County of San Francisco. The 
commission   Commission  shall be the filing
officer.
   (b) Candidates for statewide elective office-one original and one
copy with the person with whom the candidate's declaration of
candidacy is filed, who shall forward the copy to the Secretary of
State and the original to the  commission  
Commission  , which shall retain the original and send one copy
to the Registrar-Recorder of Los Angeles County and one copy to the
Clerk of the City and County of San Francisco. The 
commission  Commission  shall be the filing
officer.
   (c) Members of the Legislature and Board of Equalization-one
original with the agency, which shall make and retain a copy, forward
a copy to the Secretary of State, and forward the original to the
 commission   Commission  , which shall
retain the original and send one copy to the elections official of
the county that contains the largest percentage of registered voters
in the election district that the officeholder represents, and one
copy to the elections official of the county in which the
officeholder resides. No more than one copy of each statement need be
filed with the elections official of any one county. The 
commission   Commission  shall be the filing
officer.
   (d) Candidates for the Legislature or the State Board of
Equalization-one original and one copy with the person with whom the
candidate's declaration of candidacy is filed, who shall forward the
copy to the Secretary of State and the original to the 
commission   Commission  , which shall retain the
original and send one copy to the elections official of the county
that contains the largest percentage of registered voters in the
election district in which the candidate seeks nomination or
election, and one copy to the elections official of the county in
which the candidate resides. No more than one copy of each statement
need be filed with the elections official of any one county. The
 commission   Commission  shall be the
filing officer.
   (e) Persons holding the office of chief administrative officer and
candidates for and persons holding the office of district attorney,
county counsel, county treasurer, and member of the board of
supervisors-one original with the county clerk, who shall make and
retain a copy and forward the original to the  commission
  Commission  , which shall be the filing officer.
   (f) Persons holding the office of city manager or, if there is no
city manager, the chief administrative officer, and candidates for
and persons holding the office of city council member, city
treasurer, city attorney, and mayor-one original with the city clerk,
who shall make and retain a copy and forward the original to the
 commission   Commission  , which shall be
the filing officer.
   (g) Members of the Public Utilities Commission, members of the
State Energy Resources Conservation and Development Commission,
planning commissioners, and members of the California Coastal
Commission-one original with the agency, which shall make and retain
a copy and forward the original to the  commission 
 Commission  , which shall be the filing officer. 
   (h) Persons appointed to a specific term on a state board,
commission, or similar multimember body of the state by the
Governor-one original with the respective board, commission, or body,
which shall make and retain a copy and forward the original to the
Commission, which shall be the filing officer.  
   (h) 
    (i)  Members of the Fair Political Practices
Commission-one original with the  commission  
Commission  , which shall make and retain a copy and forward the
original to the office of the Attorney General, which shall be the
filing officer. 
   (i) 
    (j)  Judges and court commissioners-one original with
the clerk of the court, who shall make and retain a copy and forward
the original to the  commission   Commission
 , which shall be the filing officer. Original statements of
candidates for the office of judge shall be filed with the person
with whom the candidate's declaration of candidacy is filed, who
shall retain a copy and forward the original to the 
commission   Commission  , which shall be the
filing officer. 
   (j) 
    (k)  Except as provided in subdivision  (k)
  (l)  , heads of agencies, members of boards or
commissions not under a department of state government, and members
of boards or commissions not under the jurisdiction of a local
legislative body-one original with the agency, which shall make and
retain a copy and forward the original to the code reviewing body,
which shall be the filing officer. The code reviewing body may
provide that the original be filed directly with the code reviewing
body and that no copy be retained by the agency. 
   (k) 
    (l)  Heads of local government agencies and members of
local government boards or commissions, for which the Fair Political
Practices Commission is the code reviewing body--one original to the
agency or board or commission, which shall be the filing officer,
unless, at its discretion, the Fair Political Practices Commission
elects to act as the filing officer. In this instance, the original
shall be filed with the agency, board, or commission, which shall
make and retain a copy and forward the original to the Fair Political
Practices Commission. 
   (  l  )
    (m)    Designated employees of the
Legislature-one original with the house of the Legislature by which
the designated employee is employed. Each house of the Legislature
may provide that the originals of statements filed by its designated
employees be filed directly with the  commission 
 Commission  , and that no copies be retained by that house.

   (m) 
    (n)  Designated employees under contract to more than
one joint powers insurance agency and who elect to file a multiagency
statement pursuant to Section 87350--the original of the statement
with the  commission   Commission  , which
shall be the filing officer, and, with each agency with which they
are under contract, a statement declaring that their statement of
economic interests is on file with the  commission 
 Commission and available upon request. 
   (n) 
    (o)  Members of a state licensing or regulatory board,
bureau, or commission-one original with the agency, which shall make
and retain a copy and forward the original to the  commission
  Commission  , which shall be the filing officer.

   (o) 
    (p)  Persons not mentioned above-one original with the
agency or with the code reviewing body, as provided by the code
reviewing body in the agency's conflict of interest code.
  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.