BILL NUMBER: SB 486	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 21, 2013

   An act to add Chapter 1.5 (commencing with Section 13985) to Part
4.5 of Division 2 of Title 2 of the Government Code, relating to
transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 486, as introduced, DeSaulnier. Office of Legal Compliance and
Ethics.
   Existing law establishes the Transportation Agency (agency) in
state government with various duties and responsibilities.
   This bill would create the Office of Legal Compliance and Ethics
(office) within the agency with responsibility for, among other
things, acting to prevent and detect serious breaches of Department
of Transportation (department) policy, and fraud, waste, and abuse,
including any acts of criminal conduct within the department. The
bill would require the director of the office to report quarterly, at
a noticed public hearing of the commission, regarding performance of
and activities related to investigations and to report annually to
the Governor and the Legislature with a summary of his or her
investigations. The bill would require the summary to be posted on
the agency's Internet Web site.
   The bill would require the director to provide information and
evidence relating to criminal acts to the State Auditor's office and
appropriate law enforcement officials and to refer matters for
further civil, criminal, and administrative action to appropriate
administrative and prosecutorial agencies, including the Attorney
General.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 1.5 (commencing with Section 13985) is added to
Part 4.5 of Division 2 of Title 2 of the Government Code, to read:
      CHAPTER 1.5.  OFFICE OF LEGAL COMPLIANCE AND ETHICS


   13985.  (a) There is within the Transportation Agency an Office of
Legal Compliance and Ethics.
   (b) As used in this chapter, the following terms shall have the
following meanings:
   (1) "Agency" means the Transportation Agency.
   (2) "Commission" means the California Transportation Commission.
   (3) "Department" means the Department of Transportation.
   (4) "Director" means the Director of the Office of Legal
Compliance and Ethics.
   (5) "Office" means the Office of Legal Compliance and Ethics.
   (6) "Secretary" means the Secretary of the Transportation Agency.
   13985.1.  (a) For purposes of administration, the secretary shall
organize the office with the approval of the Governor and the
commission.
   (b) The Governor shall appoint the director for a six-year term,
subject to advice and consent of the Senate. The director may not be
removed from office during that term, except for good cause. The
director shall report directly to the commission.
   (c) The agency shall be responsible for developing a proposed
budget for the office in consultation with the department, the
commission, and the office. Funding for the office shall come from
savings related to the reduction of staff in the division of Audits
and Investigations within the department due to the division's
transferred workload to the office.
   13985.2.  The office shall be responsible for all of the following
as they relate to the department:
   (a) Acting to prevent and detect serious breaches of departmental
policy, fraud, waste, and abuse, including any acts of criminal
conduct within the department.
   (b) Independently and objectively reviewing and investigating
conduct described by subdivision (a), including, but not limited to,
all of the following:
   (1) Criminal activity in the department or committed on department
property.
   (2) Allegations of wrongdoing by department employees.
   (3) Serious breaches of department policy.
   (4) Significant issues relevant to the effectiveness of the
department.
   (c) Ensuring that members of the commission and department
employees receive appropriate ethics training.
   (d) Performing other duties assigned to the office by the
commission.
   13985.3.  (a) The director shall report quarterly, at a noticed
public hearing of the commission, regarding performance of and
activities related to investigations.
   (b) The director shall report annually to the Governor and the
Legislature with a summary of his or her investigations. The summary
shall be posted on the agency's Internet Web site and shall otherwise
be made available to the public upon its release to the Governor and
Legislature. The summary shall include, but need not be limited to,
significant problems discovered by the office and whether
recommendations of the office relative to investigations have been
implemented by the department. The report shall be submitted pursuant
to Section 9795 and is not subject to the provisions of Section
10231.5.
   13985.4.  (a) The director shall provide information and evidence
relating to criminal acts to the state auditor's office and
appropriate law enforcement officials.
   (b) The director shall refer matters for further civil, criminal,
and administrative action to appropriate administrative and
prosecutorial agencies, including the Attorney General.