Bill Text: CA AB2609 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Fish and Game Commission.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-26 - Chaptered by Secretary of State - Chapter 592, Statutes of 2012. [AB2609 Detail]

Download: California-2011-AB2609-Amended.html

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BILL NUMBER: AB 2609	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2012
	AMENDED IN ASSEMBLY  APRIL 24, 2012
	AMENDED IN ASSEMBLY  APRIL 11, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Hueso

                        FEBRUARY 24, 2012

   An act to amend Section 102 of, to add Sections 101.5, 107, and
108 to, and to repeal Section 106 of, the Fish and Game Code, and to
amend Section 87200 of the Government Code, relating to the Fish and
Game Commission.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2609, as amended, Hueso. Fish and Game Commission.
   (1) The California Constitution establishes the 5-member Fish and
Game Commission, with members appointed by the Governor and approved
by the Senate. Existing law requires the commissioners to elect one
of their number as president and one as vice president.
   This bill would modify that election provision to instead require
that the commissioners annually elect one of their number as
president and one as vice president, by a concurrent vote of at least
3 commissioners. The bill would prohibit a president or vice
president from serving more than 2 consecutive years and would
prohibit the commission from adopting or enforcing any other policy
or regulation that would make a commissioner ineligible to be elected
as president or vice president of the commission. The bill would
authorize the president or vice president to be removed from these
positions by a vote, at any time, of at least 3 commissioners. The
bill would require the commission to fill a vacancy in either
position at the next regularly scheduled meeting of the commission,
as prescribed. The bill would require the commission to adopt a code
of conduct that requires a commissioner to adhere to prescribed
principles and, by July 1, 2013, to adopt rules to govern the
business practices and processes of the commission. The bill would
state the intent of the Legislature to encourage the Governor and the
Senate Committee on Rules to consider certain minimum qualifications
in selecting, appointing, and confirming commissioners to serve on
the commission.
   (2) Existing provisions of the Political Reform Act of 1974
prohibit a public official at any level of state or local government
from making, participating in making, or attempting to use his or her
official position to influence a governmental decision in which he
or she knows or has reason to know that he or she has a financial
interest, as defined. Existing law also requires specified elected
and appointed officers at the state and local level of government to
disclose specified financial interests by filing periodic statements
of economic interests. Existing law further requires public officials
who hold specified offices and who have a financial interest in a
decision within the meaning of the Political Reform Act of 1974 to
publicly identify the financial interest giving rise to the conflict
of interest or potential conflict of interest, recuse themselves from
discussing and voting on the matter, and leave the room until after
the discussion, vote, and other disposition of the matter is
concluded, except as specified. Other existing law requires the
commission to adopt and approve a Conflict of Interest Code pursuant
to the Political Reform Act of 1974.
   This bill would directly subject commissioners to certain
provisions of the Political Reform Act of 1974 by adding members of
the commission to those specified officers who must publicly identify
a financial interest giving rise to a conflict of interest or
potential conflict of interest, and recuse themselves accordingly.
   Existing law makes a violation of the Political Reform Act of 1974
subject to administrative, civil, and criminal penalties. This bill
would impose a state-mandated local program by exposing these members
to potential criminal penalties for failing to make the disclosures
and recuse themselves where required by this bill.
   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.

   (3) This bill would incorporate additional changes in Section
87200 of the Government Code, proposed by Assembly Bill 41, to be
operative only if Assembly Bill 41 and this bill are both chaptered
and become effective on or before January 1, 2013, and this bill is
chaptered last.  
   (3) 
   (4)  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.
   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 101.5 is added to the Fish and Game Code, to
read:
   101.5.  (a) The Legislature finds and declares that the scope and
responsibilities of the commission have significantly expanded over
the years as the size and diversity of California's population have
increased, and as the scientific knowledge of the habitat
conservation and ecosystem-based management needs of wildlife has
expanded. The members of the commission are expected to make complex
public policy and biological decisions on behalf of the people of
California. The commission is created by the California Constitution,
which does not include any criteria or qualifications for selection
and appointment of commissioners.
   (b) It is therefore the intent of the Legislature to encourage the
Governor and the Senate Committee on Rules to consider the following
minimum qualifications in selecting, appointing, and confirming
commissioners to serve on the commission:
   (1) The degree to which the appointee will enhance the diversity
of background and geographic representation of the commission.
   (2) The appointee's demonstrated interest and background in, and
familiarity with, wildlife and natural resources management programs
at the state or federal level.
   (3) The appointee's previous experience in public policy
decisionmaking, including government processes involving public
participation.
   (4) The appointee's commitment to prepare for and attend meetings
and subcommittee meetings of the commission and to comply with all
applicable state conflict-of-interest laws.
   (5) The extent of the appointee's exposure to and experience with
the basic science underpinning the management of living natural
resources.
   (6) The appointee's diversity of knowledge of natural resource
issues and related scientific disciplines, including, but not limited
to, outdoor recreation.
  SEC. 2.  Section 102 of the Fish and Game Code is amended to read:
   102.  (a) The commissioners shall annually elect one of their
number as president and one as vice president, by a concurrent vote
of at least three commissioners.
   (b) No president or vice president shall serve more than two
consecutive years.
   (c) The president or vice president may be removed from the
position of president or vice president by a vote, at any time, of at
least three commissioners.
   (d) In the event of a vacancy in either the position of president
or vice president, the commission shall fill that vacancy at the next
regularly scheduled meeting of the commission. The elected successor
president or vice president shall serve for the unexpired term of
the predecessor until the annual election pursuant to subdivision
(a).
   (e) Except as provided in subdivision (b), the commission may not
adopt or enforce a policy or a regulation that provides for the
president and vice president to be chosen by seniority nor may the
commission adopt or enforce any other policy or regulation that would
make a commissioner ineligible to be elected as president or vice
president of the commission.
  SEC. 3.  Section 106 of the Fish and Game Code is repealed.
  SEC. 4.  Section 107 is added to the Fish and Game Code, to read:
   107.  The commission shall adopt a code of conduct that requires,
at a minimum, that a commissioner adhere to the following principles:

   (a) A commissioner shall faithfully discharge the duties,
responsibilities, and quasi-judicial actions of the commission.
   (b) A commissioner shall conduct his or her affairs in the public'
s best interest, following principles of fundamental fairness and due
process of law.
   (c) A commissioner shall conduct his or her affairs in an open,
objective, and impartial manner, free of undue influence and the
abuse of power and authority.
   (d) A commissioner understands that California's wildlife and
natural resources programs require public awareness, understanding,
and support of, and participation and confidence in, the commission
and its practices and procedures.
   (e) A commissioner shall preserve the public's welfare and the
integrity of the commission, and act to maintain the public's trust
in the commission and the implementation of its regulations and
policies.
   (f) A commissioner shall not conduct himself or herself in a
manner that reflects discredit upon state laws or policies,
regulations, and principles of the commission.
   (g) A commissioner shall not make, participate in making, or in
any other way attempt to use his or her official position to
influence a commission decision in which the member has a financial
interest.
  SEC. 5.  Section 108 is added to the Fish and Game Code, to read:
   108.  By July 1, 2013, the commission shall adopt rules to govern
the business practices and processes of the commission.
  SEC. 6.  Section 87200 of the Government Code is amended to read:
   87200.  This article is applicable to elected state officers,
judges and commissioners of courts of the judicial branch of
government, members of the Fish and Game Commission, members of the
Public Utilities Commission, members of the State Energy Resources
Conservation and Development Commission, members of the Fair
Political Practices Commission, members of the California Coastal
Commission, members of planning commissions, members of the board of
supervisors, district attorneys, county counsels, county treasurers,
and chief administrative officers of counties, mayors, city managers,
city attorneys, city treasurers, chief administrative officers and
members of city councils of cities, and other public officials who
manage public investments, and to candidates for any of these offices
at any election.
   SEC. 6.5.    Section 87200 of the  
Government Code   is amended to read: 
   87200.  This article is applicable to elected state officers,
judges and commissioners of courts of the judicial branch of
government, members of the  Fish and Game Commission, members of
the  Public Utilities Commission, members of the State Energy
Resources Conservation and Development Commission, members of the
Fair Political Practices Commission, members of the California
Coastal Commission, members of  the High-Speed Rail Authority,
members of  planning commissions, members of the board of
supervisors, district attorneys, county counsels, county treasurers,
and chief administrative officers of counties, mayors, city managers,
city attorneys, city treasurers, chief administrative officers and
members of city councils of cities, and other public officials who
manage public investments, and to candidates for any of these offices
at any election.
  SEC. 7.  The Legislature finds and declares that Section 6 of this
act furthers the purposes of the Political Reform Act of 1974 within
the meaning of subdivision (a) of Section 81012 of the Government
Code.
   SEC.   8.    Section 6.5 of this bill
incorporates amendments to Section 87200 of the Government Code
proposed by this bill and Assembly Bill 41. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2013, (2) each bill amends Section 87200 of the
Government Code, and (3) this bill is enacted after Assembly Bill 41,
in which case Section 87200 of the Government Code, as amended by
Assembly Bill 41, shall remain operative only until the operative
date of this bill, at which time Section 6.5 of this bill shall
become operative, and Section 6 of this bill shall not become
operative. 
   SEC. 8.   SEC. 9.   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.