BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 1096 HEARING DATE: April 22, 2014
AUTHOR: Jackson URGENCY: No
VERSION: February 19, 2014 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: No
SUBJECT: California Coastal Commission: appointments.
BACKGROUND AND EXISTING LAW
The membership of the California Coastal Commission is specified
in Public Resources Code section 30301 which was adopted as an
amendment to the California Coastal Act. It consists of 3
statewide administration representatives, 6 members of the
public appointed by the Governor, the Speaker of the Assembly,
and Senate Rules. There are six regional representatives
appointed by the Governor, the Speaker of the Assembly and
Senate Rules.
Section 30310.5 of the Public Resources Code was adopted in 1991
as an amendment to the Coastal Act. It states that no provision
of law "shall preclude or prevent the appointment, as a public
member, to the commission of any person who is not a locally
elected official." This provision does not apply to the local
elected members or the statewide officials. This bill would
repeal this provision.
Sec. 1099 of the Government Code codifies the common law
doctrine known as the "doctrine of incompatible offices" that
applies when a single official holds two offices in which there
is a potential conflict or overlap in the functions or
responsibilities of the two offices. This provision provides
that if a public official is found to have accepted two public
offices, there must be an automatic vacating of the first
office.
Both the California Department of Justice and the Fair Political
Practices Commission have significant information on their
websites to explain the doctrine of incompatible offices to
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officeholders and candidates.
PROPOSED LAW
This bill would repeal section 30310.5.
ARGUMENTS IN SUPPORT
According to the author, this section was adopted originally to
allow one member of the commission to serve on two boards, one
of which was the coastal commission and one of which was a local
commission. According to research provided to the author by the
Senate Office of Research, the individual in question was Lois
Ewen who served on the commission from 1979-81 and who was also
a City of Coronado Planning Commissioner. This provision may
also have effectively permitted other commissioners to serve,
although there do not appear to by any public records to that
effect.
The author believes that the repeal of the exemption for the
Coastal Commission from the doctrine of incompatible uses will
enhance the transparency of the commission's work.
ARGUMENTS IN OPPOSITION
None received.
SUPPORT
None Received
OPPOSITION
None Received
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