BILL NUMBER: AB 1558 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Jobs, Economic Development, and the
Economy (V. Manuel Perez (Chair), Logue (Vice Chair), Beall, Bill
Berryhill, Block, Huber, and Salas)
MARCH 11, 2009
An act to add the heading of Chapter 1 (commencing with Section
99500) to Title 20 of, to add Chapter 2 (commencing with Section
99600), Chapter 3 (commencing with Section 99700), and Chapter 4
(commencing with Section 99800) to Title 20 of, to repeal Chapter 4
(commencing with Section 6300) of Division 7 of Title 1 of, and to
repeal Chapter 8 (commencing with Section 8700) and Chapter 8.1
(commencing with Section 8710) of Division 1 of Title 2 of, the
Government Code, relating to international relations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1558, as introduced, Committee on Jobs, Economic Development,
and the Economy. International relations.
Existing law authorizes any public corporation, as defined, and
specified private corporations to apply for the privilege of
establishing, operating, and maintaining a foreign trade zone in
accordance with federal law, and provides that any public or private
corporation whose application is granted pursuant to federal law is
authorized to establish, operate, and maintain a foreign trade zone,
subject to specified conditions.
Existing law establishes the Office of California-Mexico Affairs
to serve as a clearinghouse for information and assistance to other
state agencies involved with Mexico, and to develop favorable
relations with Mexico.
Existing law establishes the California-Mexico Border Relations
Council to consist of specified state officials. The duties of the
council include, among other things, coordinating activities of state
agencies that are related to cross-border programs, initiatives,
projects, and partnerships that exist within state government. The
council is required to annually submit a report on its activities to
the Legislature.
This bill would recodify and reorganize the above provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4 (commencing with Section 6300) of Division 7
of Title 1 of the Government Code is repealed.
SEC. 2. Chapter 8 (commencing with Section 8700) of Division 1 of
Title 2 of the Government Code is repealed.
SEC. 3. Chapter 8.1 (commencing with Section 8710) of Division 1
of Title 2 of the Government Code is repealed.
SEC. 4. The heading of Chapter 1 (commencing with Section 99500)
is added to Title 20 of the Government Code, to read:
CHAPTER 1. GENERAL PROVISIONS
SEC. 5. Chapter 2 (commencing with Section 99600) is added to
Title 20 of the Government Code, to read:
CHAPTER 2. FOREIGN TRADE ZONES
99600. As used in this chapter, "public corporation" means the
state, any political subdivision thereof, any incorporated
municipality therein, any public agency of the state, of any
political subdivision thereof, or of any municipality therein, or any
corporate municipal instrumentality of this state or of this state
and one or more other states.
99601. As used in this chapter, "act of Congress" means the act
of Congress approved June 18, 1934, entitled "An act to provide for
the establishment, operation, and maintenance of foreign-trade zones
in ports of entry of the United States, to expedite and encourage
foreign commerce, and for other purposes" (19 U.S.C. Sec. 81a et
seq.).
99602. Any public corporation may apply for the privilege of
establishing, operating, and maintaining a foreign trade zone in
accordance with the act of Congress.
99603. Any private corporation organized under the laws of the
state subsequent to September 15, 1935, for the purpose of
establishing, operating, and maintaining a foreign trade zone in
accordance with the act of Congress may apply for the privilege of
establishing, operating, and maintaining a foreign trade zone in
accordance with the act of Congress.
99604. Any public or private corporation authorized by this
chapter to apply for the privilege of establishing, operating, and
maintaining a foreign trade zone and whose application is granted
pursuant to the terms of the act of Congress may establish, operate,
and maintain a foreign trade zone:
(a) Subject to the conditions and restrictions of the act of
Congress, and any amendments thereto.
(b) Under these rules and regulations and for the period of time
that may be prescribed by the board established by the act of
Congress to carry out the provisions of the act.
99605. If authorized to establish, operate, and maintain a
foreign trade zone, a public corporation may, in addition to its
other powers:
(a) Provide for indemnity or assurance to the United States or its
agencies as they may request.
(b) Deposit these sums of money with the United States as the
United States or its agencies may request, providing these moneys are
available for that purpose by direct appropriation or otherwise.
SEC. 6. Chapter 3 (commencing with Section 99700) is added to
Title 20 of the Government Code, to read:
CHAPTER 3. OFFICE OF CALIFORNIA-MEXICO AFFAIRS
99700. The Legislature finds and declares the following:
(a) The United States and Mexican economies have become
increasingly integrated, particularly since the 1994 adoption of the
North American Free Trade Agreement, or NAFTA.
(b) This integration has brought both California and Mexico
opportunities and challenges in the areas of economic development,
labor relations, and environmental protection.
(c) The California Office of the Southwest Border Regional
Conference (formerly commission) was established as part of a joint
American border states effort to further and develop favorable
relations with the six Mexican border states.
(d) The efforts of the California office of the conference
continue to be an essential part of California's interaction with
Mexico.
(e) It is important for the state and for the nation that state
agencies continue to address important United States-Mexico issues.
(f) The Office of California-Mexico Affairs provides a focal point
in state government to serve as a clearinghouse for information and
assistance to other state agencies which are involved with Mexico.
99701. The following definitions shall govern the construction of
this chapter:
(a) "Conference" means the Southwest Border Regional Conference.
(b) "Office" means the Office of California-Mexico Affairs.
99702. (a) There is in state government an Office of
California-Mexico Affairs. Within this office the operations of the
California Office of the Southwest Border Regional Conference shall
be continued.
(b) The office succeeds to and is vested with all the duties,
powers, purposes, and responsibilities vested in the California
office of the conference and previously vested in the Commission of
the Californias.
(c) The office shall have possession and control of all records,
papers, offices, equipment, supplies, moneys, funds, appropriations,
land, and other property, real or personal, held for the benefit or
use of the California office of the conference, or previously held
for the benefit or use of the commission, in the performance of the
duties, powers, purposes, responsibilities, and jurisdiction of the
California office of the conference or the commission.
99703. The members of the Southwest Border Regional Conference
shall be the Governors of the four American border states. The
California member of the conference is the Governor of California or
his or her designee.
99704. The office shall further and develop favorable relations
with the State of Baja California, the State of Baja California Sur,
other Mexican states bordering on the United States, and the
remaining states and territories of the Republic of Mexico necessary
for the completion of the office's tasks. The office shall cooperate
with similar organizations and agencies situated within California,
the United States, or Mexico, to further economic development,
improve working conditions and living standards, and foster the
protection and improvement of the environment in Mexico and
California. The office shall avail itself of the services of the San
Diego State University, which is engaged in educational, cultural,
and research activities with Mexico. The office shall be responsible
for carrying out the ongoing responsibilities of the Southwest Border
Regional Conference.
99705. The Governor shall appoint a director of the office. The
director may appoint and employ any personnel whom he or she deems
necessary to carry out the functions of the office. The office may
incur all necessary expenses to effectuate its purposes and may
accept grants from federal and state agencies. The office may also
accept funds from private organizations or individuals in order to
assist it in the accomplishment of its functions as set forth in this
chapter.
99706. Members and employees of the office may travel outside of
California and may hold hearings and conduct investigations within
and outside of the state whenever necessary to carry out the duties
set forth in this chapter. Members and employees may acquire any
available information from any governmental agency within the United
States or Mexico necessary to the completion of their tasks.
99707. The office shall be responsible for the establishment of
committees in those topic areas deemed necessary by the director.
Recommendations of the committees shall not be binding on the
Governor or the Legislature but shall only be advisory in nature.
SEC. 7. Chapter 4 (commencing with Section 99800) is added to
Title 20 of the Government Code, to read:
CHAPTER 4. CALIFORNIA-MEXICO BORDER RELATIONS COUNCIL
99800. The following definitions shall apply to this chapter:
(a) "Border" means the line of demarcation between California and
Mexico.
(b) "Council" means the California-Mexico Border Relations
Council.
(c) "Public agency" means a city, county, city and county,
district, or the state or any agency or department of the state.
99801. (a) The California-Mexico Border Relations Council is
hereby established in state government. The council shall consist of
the Secretary of the Natural Resources Agency, the Secretary for
Environmental Protection, the Secretary of California Health and
Human Services, the Secretary of Business, Transportation and
Housing, the Secretary of Food and Agriculture, and the Secretary of
California Emergency Management.
(b) The Secretary for Environmental Protection shall chair the
council.
99802. The council shall do all of the following:
(a) Coordinate activities of state agencies that are related to
cross-border programs, initiatives, projects, and partnerships that
exist within state government, to improve the effectiveness of state
and local efforts that are of concern between California and Mexico.
(b) Establish policies to coordinate the collection and sharing of
data related to cross-border issues between and among agencies.
(c) Identify and recommend to the Legislature changes in law
needed to achieve the goals of this section.
99803. Beginning January 1, 2008, the council shall submit a
report to the Legislature on the council's activities annually.
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CORRECTIONS Heading--Authors line 1.
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