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SB-801 Political Reform Act of 1974: statement of economic interests.(2011-2012)

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SB801:v94#DOCUMENT

Senate Bill No. 801
CHAPTER 252

An act to amend Section 87500 of the Government Code, relating to the Political Reform Act of 1974.

[ Approved by Governor  September 06, 2011. Filed with Secretary of State  September 06, 2011. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 801, Kehoe. Political Reform Act of 1974: statement of economic interests.
Existing provisions of the Political Reform Act of 1974 require specified candidates for elective office, elected and appointed state officers, and public officers and employees to file statements of economic interests with specified entities according to the employing agency or office of the officer, employee, or candidate.
This bill would direct persons appointed to a state board, commission, or similar multimember body of the state, other than those specified in the existing provisions described above, to file their statements of economic interests with the respective board, commission, or body. The bill would require the original statements of economic interests to be handled as set forth in the Conflict of Interest Code of the respective board, commission, or body and, if the board, commission, or body is not required to send the original to the Fair Political Practices Commission pursuant to its Conflict of Interest Code, the bill would require the board, commission, or body to forward a copy to the Fair Political Practices Commission.
Existing provisions of the Political Reform Act of 1974, with respect to statewide elected officers, candidates for statewide elective office, Members of the Legislature, the State Board of Equalization, and candidates for the Legislature or the State Board of Equalization, require copies of the statements of economic interests be sent, among other places, to the Secretary of State and certain local elections officials, as specified.
This bill would eliminate the requirement that copies of the above-described statements of economic interests be sent to the Secretary of State and the specified local elections officials.
Because a violation of the act is a misdemeanor, the bill would impose a state-mandated local program by creating a new crime.
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.
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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 87500 of the Government Code is amended to read:

87500.
 Statements of economic interests required by this chapter shall be filed as follows:
(a) Statewide elected officer—one original with the agency, which shall make and retain a copy and forward the original to the Commission. The Commission shall be the filing officer.
(b) Candidates for statewide elective office—one original and one copy with the person with whom the candidate’s declaration of candidacy is filed, who shall forward the original to the Commission. The Commission shall be the filing officer.
(c) Members of the Legislature and State Board of Equalization—one original with the agency, which shall make and retain a copy and forward the original to the Commission. The Commission shall be the filing officer.
(d) Candidates for the Legislature or the State Board of Equalization—one original and one copy with the person with whom the candidate’s declaration of candidacy is filed, who shall forward the original to the Commission. The Commission shall be the filing officer.
(e) Persons holding the office of chief administrative officer and candidates for and persons holding the office of district attorney, county counsel, county treasurer, and member of the board of supervisors—one original with the county clerk, who shall make and retain a copy and forward the original to the Commission, which shall be the filing officer.
(f) Persons holding the office of city manager or, if there is no city manager, the chief administrative officer, and candidates for and persons holding the office of city council member, city treasurer, city attorney, and mayor—one original with the city clerk, who shall make and retain a copy and forward the original to the Commission, which shall be the filing officer.
(g) Members of the Public Utilities Commission, members of the State Energy Resources Conservation and Development Commission, planning commissioners, and members of the California Coastal Commission—one original with the agency, which shall make and retain a copy and forward the original to the Commission, which shall be the filing officer.
(h) Persons appointed to other state boards, commissions, or similar multimember bodies of the state—one original with the respective board, commission, or body. The original shall be handled as set forth in the Conflict of Interest Code of the respective board, commission, or body. If the board, commission, or body is not required by its Conflict of Interest Code to send the original to the Commission, it shall forward a copy to the Commission.
(i) Members of the Fair Political Practices Commission—one original with the Commission, which shall make and retain a copy and forward the original to the office of the Attorney General, which shall be the filing officer.
(j) Judges and court commissioners—one original with the clerk of the court, who shall make and retain a copy and forward the original to the Commission, which shall be the filing officer. Original statements of candidates for the office of judge shall be filed with the person with whom the candidate’s declaration of candidacy is filed, who shall retain a copy and forward the original to the Commission, which shall be the filing officer.
(k) Except as provided in subdivision (l), heads of agencies, members of boards or commissions not under a department of state government, and members of boards or commissions not under the jurisdiction of a local legislative body—one original with the agency, which shall make and retain a copy and forward the original to the code reviewing body, which shall be the filing officer. The code reviewing body may provide that the original be filed directly with the code reviewing body and that no copy be retained by the agency.
(l) Heads of local government agencies and members of local government boards or commissions, for which the Fair Political Practices Commission is the code reviewing body—one original to the agency or board or commission, which shall be the filing officer, unless, at its discretion, the Fair Political Practices Commission elects to act as the filing officer. In this instance, the original shall be filed with the agency, board, or commission, which shall make and retain a copy and forward the original to the Fair Political Practices Commission.
(m) Designated employees of the Legislature—one original with the house of the Legislature by which the designated employee is employed. Each house of the Legislature may provide that the originals of statements filed by its designated employees be filed directly with the Commission, and that no copies be retained by that house.
(n) Designated employees under contract to more than one joint powers insurance agency and who elect to file a multiagency statement pursuant to Section 87350—the original of the statement with the Commission, which shall be the filing officer, and, with each agency with which they are under contract, a statement declaring that their statement of economic interests is on file with the Commission and available upon request.
(o) Members of a state licensing or regulatory board, bureau, or commission—one original with the agency, which shall make and retain a copy and forward the original to the Commission, which shall be the filing officer.
(p) Persons not mentioned above—one original with the agency or with the code reviewing body, as provided by the code reviewing body in the agency’s conflict of interest code.

SEC. 2.

 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.

SEC. 3.

 The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.