BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 952|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
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                                 THIRD READING


          Bill No:  AB 952
          Author:   Jones (R), et al.
          Amended:  8/16/11 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  6-0, 6/28/11
          AYES:  DeSaulnier, Gaines, Lowenthal, Pavley, Rubio, 
            Simitian
          NO VOTE RECORDED:  Harman, Huff, Kehoe
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  78-0, 6/1/11 - See last page for vote


           SUBJECT  :    High-speed rail

           SOURCE  :     City of Palo Alto
                      City of Pico Rivera
                      City of Menlo Park
                      City of Atherton


           DIGEST  :    This bill imposes specific conflict of interest 
          requirements and limitations on the California High-Speed 
          Rail Authority (HSRA), the board members, and its employees 
          as well as businesses and consultants that are doing, or 
          desire to do, business with the HSRA.

           ANALYSIS  :    

          Existing law: 
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          1.Permits members of, staff to, and consultants to the HSRA 
            to accept gifts up to $420 per annum.

          2.Permits the HSRA, as an organizational body, to accept 
            gifts in any amount from any source, and then transfer 
            that gift to any HSRA member, staff, or consultant 
            without limitation.  

          This bill: 

          1. Prohibits any HSRA board member, consultant, or staff 
             from receiving any gift. 

          2. Prohibits a consultant, a construction company, or other 
             firms seeking contracts with the HSRA from making any 
             gift to a member of the HSRA board, a staff person, or 
             to a member of the family of a board members or staff 
             person.

          3. Prohibits a board member, consultant, or employee of the 
             HSRA from appearing before the HSRA for compensation for 
             a period of three years following the termination of the 
             employment with the HSRA. 

          4. Deletes the authority for the HSRA to receive funds from 
             foreign governments, contingent upon enactment of AB 145 
             (Galgiani).

          5. Contains double-jointing language to AB 145 (Galgiani).

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/15/11)

          City of Atherton (co-source)
          City of Menlo Park (co-source)
          City of Palo Alto (co-source)
          City of Pico Rivera (co-source)

           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          inquiries have focused on HSRA officials receiving gift, 
          including European trips sponsored by foreign governmental 







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          entities.  These trips, some of which were worth thousands 
          of dollars, were donated to the HSRA and then HSRA 
          officials allotted them to board members and executives.  
          This, in effect, circumvents the disclosure on annual 
          reports of gifts, income, and personal investments.

          The Los Angeles Times reported that the HSRA could not 
          account for the donated trips, as generally required by 
          state ethics regulations, and that the HSRA failed to post 
          details on the sources, costs, and itineraries of the trips 
          on its website, as required by Fair Political Practices 
          Commission rules.

          In order to ensure the integrity of the process and instill 
          public confidence, the author believes it is imperative 
          that board members, staff, and consultants not be permitted 
          to accept gifts from any individual who conducts business 
          or intends to conduct business with the HSRA.


           ASSEMBLY FLOOR  : 
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Yamada, John A. 
            P�rez
          NO VOTE RECORDED: Gorell, Williams


          JJA:do  8/16/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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