BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 801|
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UNFINISHED BUSINESS
Bill No: SB 801
Author: Kehoe (D), et al.
Amended: 6/13/11
Vote: 27
SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 4-0, 4/5/11
AYES: Correa, La Malfa, De Le�n, Gaines
NO VOTE RECORDED: Lieu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 37-0, 5/16/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Runner, Simitian, Steinberg, Vargas, Wolk, Wright, Yee
NO VOTE RECORDED: Strickland, Walters, Wyland
ASSEMBLY FLOOR : 76-0, 7/14/11 - See last page for vote
SUBJECT : Statements of economic interest
SOURCE : Author
DIGEST : This bill requires that persons appointed a
state board, commission, or similar multimember body of
their original statements of economic interest (SEIs) with
their agencies which shall retain the original and forward
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a copy to the Fair Political Practices Commission (FPPC).
Assembly Amendments delete existing requirements that
copies of SEIs from state elected officers and candidates
for state elective office be sent to the Secretary of State
and to specified local elections officials.
ANALYSIS : Existing law requires specified state and
local officials to file periodic 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 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 revises and streamlines the process by which
copies of SEIs are filed with the FPPC by specified persons
and state elected officers. Specifically, this bill:
1. Requires persons appointed to state boards, commissions,
or similar multimember bodies of the state, that are not
already specified under current law, to file original
SEIs with the respective board, commission or body.
Requires the original SEI to be handled as set forth in
the conflict-of-interest code of the respective board,
commission, or body. Provides that if the respective
board, commission, or body is not required to send the
original to the FPPC, it shall make a copy and forward
it to the FPPC.
2. Deletes requirements in current law that copies of SEIs
from statewide elected officers and candidates for
statewide elective office be sent to the Secretary of
State, the Registrar-Recorder of Los Angeles County, and
the Clerk of the City and County of San Francisco.
3. Deletes requirements in current law that copies of SEIs
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from members of the Legislature, members of the State
Board of Equalization, and candidates for those offices,
be sent to the Secretary of State, the elections
official of the county that contains the largest
percentage of registered voters in the district that the
officeholder represents or candidate seeks nomination,
and the elections official of the county in which the
officeholder or candidate resides.
Comments
According to the author's office, 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.
This bill furthers the goals and purposes of the PRA by
ensuring that the Fair Political Practices Commission
receives either an original or copy of all SEIs filed by
governor or legislative appointees to the entities named
above. The FPPC would provide greater strength for the PRA
by disseminating SEIs that it receives pursuant to this
bill upon the request of interested persons or groups and
will be able to review those filings at the Commission's
discretion.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/9/11)
Fair Political Practices Commission
ASSEMBLY FLOOR : 76-0, 7/14/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
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Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Monning,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Beth Gaines, Garrick, Gorell, Mitchell
DLW:kc 8/12/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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