BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 952|
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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:
CONTINUED
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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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