BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: SB 801 HEARING DATE:
4/5/11
AUTHOR: KEHOE ANALYSIS BY:
Darren Chesin
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
Statements of Economic Interest
DESCRIPTION
Existing law requires specified state and local officials
to file periodic statements of economic interests (SEIs)
disclosing their financial interests in accordance with
state law or the provisions of their respective agency's
conflict of interest code.
Existing law generally requires elected state, county, and
city officers as well as members of state licensing or
regulatory boards, bureaus, or commissions to file their
original SEIs with their agencies or their county/city
clerks who must make and retain a copy and forward the
original to the Fair Political Practices Commission (FPPC).
Most other individuals required to file SEIs, whether
state or local officials, file their originals with their
agencies or with their agency's code reviewing body as
provided by the agency's conflict of interest code.
This bill would further require that persons appointed by
the Governor to a specific term on a state board,
commission, or similar multimember body of the state file
their original SEIs with their agencies which shall make
and retain a copy and forward the original to the FPPC,
which shall be the filing officer.
BACKGROUND
SEI Filers . Existing law specifically enumerates that
certain high ranking state and local officials and other
public officials designated in their agency's conflict of
interest code to file periodic SEIs disclosing their
financial interests. Additionally, existing state law
prohibits any public official from making or participating
in the making of any governmental decision in which he or
she has a financial interest.
COMMENTS
1. According to the author , the Political Reform Act of
1974 (PRA), among other things, established a detailed
process to protect against intentional and accidental
conflicts of interest among state and local elected
leaders, political appointees and key staff members.
In order to further the purposes of the PRA, it is
important to equalize the conflict of interest
oversight policies regarding political appointees of
the governor to boards, commissions and similar
multimember bodies of the state. Appointees of the
governor often serve in sensitive positions where they
initiate, make or are asked to approve financial
decisions regarding the use of public funds.
SB 801 ensures that the FPPC has filing officer duties
and authority regarding collection, review, oversight
and public disclosure of SEIs filed by gubernatorial
appointees.
2. Goose v. Gander . This bill applies to individuals
appointed by the Governor to these specified positions
but does not apply to members of the same agencies
appointed by the Legislature. The author and committee
may wish to consider amending the bill to include
legislative appointees in order to be consistent.
POSITIONS
Sponsor: Author
Support: None received
Oppose: None received
SB 801 (KEHOE) Page
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SB 801 (KEHOE) Page
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