BILL NUMBER: AB 2672 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Cook
FEBRUARY 19, 2010
An act to add Article 10 (commencing with Section 53170)
to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government
Code, relating to local government. An act to amend
Section 1771 of, and to add Section 1770.5 to, the Government Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2672, as amended, Cook. County transportation
commissions and special act agencies. Public officers
and employees: removal from office.
Under existing law, an office becomes vacant on the occurrence of
certain events. Existing law specifies that when a public officer is
removed, declared insane, or convicted of a felony or offense
involving a violation of his or her official duty, or when his or her
election or appointment is declared void, the body or person before
whom the proceedings are had is required to give notice thereof to
the officer empowered to fill the vacancy.
This bill would provide that an appointed individual also vacates
an office where the individual has been debarred, suspended,
disqualified, or otherwise excluded from participating in federal
"covered transactions," as prescribed under federal law.
Existing law establishes county transportation commissions.
Existing law also establishes various agencies and prescribes their
membership composition. Existing federal law prohibits an individual
who has been debarred, suspended, disqualified, or otherwise excluded
from participating in federal covered transactions.
This bill prohibits a county transportation commission, a special
act agency, and any other entity whose membership is defined by
statute, from permitting an excluded individual to participate in, be
appointed to, or sit as a member on the agency's governing board or
one of its committees. This bill requires an excluded individual to
vacate his or her seat on an agency's governing board and its
committees upon notification from a federal agency that he or she has
been debarred, suspended, disqualified, or otherwise excluded from
participating in federal covered transactions, or if he or she
voluntarily excludes himself or herself from participating in federal
covered transactions. This bill authorizes an agency affected by its
provisions to adopt rules and regulations necessary for its
implementation.
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. It is the intent of the Legislature to
provide a county transportation commission, a special act agency, or
any other entity whose membership composition is prescribed by
statute, with the authority to immediately remove an individual who
is debarred, suspended, disqualified, or otherwise excluded from
participating in a federal covered transaction pursuant to federal
law, including, but not limited to, Part 180 (commencing with Section
180.5) of Chapter I and Part 215 (commencing with Section 215.0) of
Chapter II of Subtitle A of Title 2 of the Code of Federal
Regulations. It is the further intent of the Legislature that this
authority be limited to requiring a debarred, suspended,
disqualified, or other excluded individual to vacate his or her
respective seat in the commission, agency, or the committee of a
commission or agency, and not to eliminate the representative seat or
position that the terminated individual held.
SEC. 2. Section 1770.5 is added to the
Government Code , to read:
1770.5. (a) For appointed individuals, the vacating of office
pursuant to subdivision (h) of Section 1770 shall include an
individual who has been debarred, suspended, disqualified, or
otherwise excluded from participating in federal "covered
transactions" pursuant to federal law, including, but not limited to,
Part 180 (commencing with Section 180.5) of Chapter I and Part 215
(commencing with Section 215.0) of Chapter II of Subtitle A of Title
2 of the Code of Federal Regulations.
(b) For purposes of this section, "appointed individual" means an
individual appointed to an agency, board, commission, committee, or
any other governing body by a legislative body of a city or county.
(c) This section shall not apply if either of the following
occurs:
(1) A federal agency grants an appointed individual subject to
subdivision (a) an exception in writing to participate in a
particular covered transaction, but only to the extent the exception
makes the individual eligible to participate in federal covered
transactions.
(2) An appointed individual subject to subdivision (a) is removed
from the federal Excluded Parties List System.
SEC. 3. Section 1771 of the Government
Code is amended to read:
1771. When an officer is removed, declared insane, or convicted
of a felony or offense involving a violation of his or her
official duty, or when his or her election or appointment
is declared void, or when an appointed individual vacates
office pursuant to Section 1770.5, the body or person before
whom the proceedings are had shall give notice thereof to the officer
or body empowered to fill the vacancy.
SECTION 1. Article 10 (commencing with Section
53170) is added to Chapter 1 of Part 1 of Division 2 of Title 5 of
the Government Code, to read:
Article 10. Removal of Debarred, Suspended, Excluded, or
Ineligible Individuals from Commissions and Agencies
53170. This article shall be known and may be cited as the
Removal of Excluded Individuals Act.
53170.1. It is the intent of the Legislature in enacting this
article to provide a county transportation commission, a special act
agency, or any other entity whose membership composition is
prescribed by statute, with the authority to immediately remove an
individual who is debarred, suspended, disqualified, or otherwise
excluded from participating in a federal covered transaction pursuant
to federal law, including, but not limited to, Part 180 (commencing
with Section 180.5) of Chapter I and Part 215 (commencing with
Section 215.0) of Chapter II of Subtitle A of Title 2 of the Code of
Federal Regulations. It is the further intent of the Legislature that
this authority be limited to requiring a debarred, suspended,
disqualified, or other excluded individual to vacate his or her
respective seat in the commission, agency, or the committee of a
commission or agency, and not to eliminate the representative seat or
position that the terminated individual held.
53170.2. For purposes of this article, the definitions set forth
in Part 180 (commencing with Section 180.5) of Chapter I and Part 215
(commencing with Section 215.0) of Chapter II of Subtitle A of Title
2 of the Code of Federal Regulations shall apply, unless otherwise
stated.
53170.3. For purposes of this article, the following terms shall
have the following meanings:
(a) "County transportation commission" means a commission as
defined in Section 130002 of the Public Utilities Code.
(b) "Excluded individual" means an individual who has been
debarred, suspended, disqualified, or otherwise excluded from
participating in federal covered transactions pursuant to federal
law, including, but not limited to, Part 180 (commencing with Section
180.5) of Chapter I and Part 215 (commencing with Section 215.0) of
Chapter II of Subtitle A of Title 2 of the Code of Federal
Regulations.
(c) "Special act agency" means a regional agency whose membership
composition is set forth in its enabling act, and the enabling act
does not authorize the agency to remove an individual from its
governing board or its committees if the individual is debarred,
suspended, disqualified, or otherwise excluded from participating in
a federal covered transaction pursuant to federal law.
53170.4. (a) A county transportation commission, a special act
agency, or any other entity whose membership is defined by statute,
shall not permit an excluded individual to participate in, be
appointed to, or sit as a member on its governing board or one of its
committees.
(b) An individual who sits on the governing board or a committee
of an agency that is subject to subdivision (a) shall immediately
vacate his or her seat upon notification from a federal agency that
he or she is debarred, suspended, disqualified, or otherwise excluded
from participating in federal covered transactions pursuant to
federal law. An individual who voluntarily excludes himself or
herself from participating in federal covered transactions shall also
vacate his or her seat.
(c) A vacated seat does not infringe upon an agency's right to
retain the seat. If a replacement or alternate member is not
available to fill a vacant seat, the seat shall remain vacant until
the agency finds a qualified replacement, who is not an excluded
individual, to fill the seat.
(d) This section does not apply if one of the following occurs:
(1) A federal agency grants an excluded individual an exception,
in writing, to participate in a particular covered transaction, but
only to the extent that the exception makes the individual eligible
to participate in federal covered transactions.
(2) An excluded individual is removed from the federal Excluded
Parties List System.
53170.5. An agency affected by this article shall have the
authority to adopt rules and regulations necessary to implement this
article.