BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1096|
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CONSENT
Bill No: SB 1096
Author: Jackson (D)
Amended: As introduced
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 4/22/14
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SUBJECT : California Coastal Commission: appointments
SOURCE : Author
DIGEST : This bill repeals Section 30310.5 of the Public
Resources Code which was adopted as an amendment to the
California Coastal Act of 1976 (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."
ANALYSIS : Existing law, under the Act, establishes the
California Coastal Commission (Commission), and prescribes the
membership and functions and duties of the Commission. The Act
provides that the appointment, as a public member, to the
Commission of any person who is not a locally elected official
is not precluded by the Act or any other law, including any
doctrine of common law.
This bill repeals Section 30310.5 of the Public Resources Code
which was adopted as an amendment to the Act. It states that no
CONTINUED
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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."
Background
The membership of the Commission is specified in Public
Resources Code Section 30301, which was adopted as an amendment
to the Act. It consists of three statewide administration
representatives, six members of the public appointed by the
Governor, the Speaker of the Assembly, and the Senate Committee
on Rules. There are six regional representatives appointed by
the Governor, the Speaker of the Assembly, and the Senate
Committee on Rules.
Section 30310.5 of the Public Resources Code was adopted in 1991
as an amendment to the Act as described above. This provision
does not apply to the local elected members or the statewide
officials.
Section 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
Internet Web sites to explain the doctrine of incompatible
offices to officeholders and candidates.
Comments
According to the author's office, this section was adopted
originally to allow one member of the Commission to serve on two
boards, one of which was the 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
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serve, although there do not appear to by any public records to
that effect.
The author's office believes that the repeal of the exemption
for the Commission from the doctrine of incompatible uses will
enhance the transparency of the Commission's work.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/23/14)
Sierra Club California
RM:e 4/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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