BILL NUMBER: AB 1779 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 21, 2012
An act to amend Section 8920 of the Government Code,
relating to the code of ethics. An act to amend
Sections 14031.8 and 14070.2 of, and to repeal and add Article 5.4
(commencing with Section 14074) of Chapter 1 of Part 5 of Division 3
of Title 2 of, the Government Code, relating to trans
portation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1779, as amended, Galgiani. Code of ethics.
Intercity rail agreements.
Existing law authorizes the Department of Transportation to
contract with Amtrak for intercity rail passenger services and
provides funding for these services from the Public Transportation
Account. Existing law, until December 31, 1996, authorized the
department, subject to approval of the Secretary of Business,
Transportation and Housing, to enter into an interagency transfer
agreement under which a joint powers board assumes responsibility for
administering the state-funded intercity rail service in a
particular corridor. Existing law, with respect to a transferred
corridor, requires the board to demonstrate the ability to meet
performance standards established by the secretary.
This bill would authorize the department, with the approval of the
secretary, to enter into an additional interagency transfer
agreement with respect to the San Joaquin Corridor, as defined, if a
joint powers authority and governing board is created and organized.
In that regard, the bill would provide for the creation of the San
Joaquin Corridor Joint Powers Authority, to be governed by a board of
not more than 11 members. The bill would provide that the board
shall be organized when at least 6 of the 11 agencies elect to
appoint members. The bill would provide for the authority to be
created when the member-agencies enter into a joint powers agreement,
as specified. Only those agencies that appoint members by December
31, 2013, would be member-agencies of the authority.
Existing law provides for the allocation of state funds by the
secretary to a joint powers board under an interagency transfer
agreement based on the annual business plan for the intercity rail
corridor and subsequent appropriation of state funds.
This bill, with respect to the San Joaquin Corridor, would provide
that specified resources for transit purposes shall not be available
to offset any redirection, elimination, reduction, or
reclassification of state resources for operating intercity rail
services.
This bill would authorize the secretary to adopt new performance
standards by December 31, 2014, for intercity rail services.
Existing law prohibits a Member of the Legislature, state elective
or appointive officer, or judge or justice, while serving as such,
from having any interest, engaging in any business or transaction or
professional activity, or incurring any obligation which is in
substantial conflict with the proper discharge of that person's
duties in the public interest. Existing law also prohibits a Member
of the Legislature from performing specified acts, including, among
others, accepting specified employment and disclosing confidential
information acquired in the course of and by reason of the Member's
official duties.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the Intercity Passenger Rail Act of 2012 for the San Joaquin
Corridor.
SEC. 2. (a) The Legislature finds and declares all
of the following:
(1) An intercity rail passenger system, linking major urban
centers and complemented by feeder bus services that provide access
to outlying areas and destinations, is an important element of the
state's transportation system, and shall remain a state-funded
program.
(2) The state has a continuing interest in the provision of
cost-effective intercity rail passenger services and has a
responsibility to coordinate intercity rail passenger services
statewide.
(3) Since 1976, the state has invested over one billion eight
hundred million dollars ($1,800,000,000) in capital improvements and
operating support for intercity rail passenger service and must
ensure the protection of that investment.
(b) The Legislature, through the enactment of this act, intends
all of the following:
(1) The Secretary of Business, Transportation and Housing shall be
responsible for the overall planning, coordination, and budgeting of
the intercity passenger rail service.
(2) If the secretary determines that transferring responsibility
for intercity rail service in a particular corridor or corridors to a
statutorily created joint powers agency would result in
administrative or operating cost reductions, the secretary may
authorize the Department of Transportation to enter into an
interagency transfer agreement to effect a transfer of those
administrative functions.
(3) Any intercity rail corridor for which administrative
responsibility has been transferred to a joint powers board through
an interagency transfer agreement shall remain as a component of the
statewide system of intercity rail corridors.
(4) The public interest requires expansion of the state intercity
rail program in order to keep pace with the needs of an expanding
population.
(5) For not less than a five-year period, the level of state
funding for intercity rail service in each corridor should be
maintained at a level equal to at least the current level of service
in the corridor, thus providing fiscal stability that will allow
appropriate planning and operation of these services.
SEC. 3. Section 14031.8 of the
Government Code is amended to read:
14031.8. (a) The Secretary of Business, Transportation and
Housing shall establish, through an annual budget process, the level
of state funding available for the operation of intercity passenger
rail service in each corridor.
(b) Where applicable, operating funds shall be allocated by the
secretary to the joint powers board in accordance with an interagency
transfer agreement which that
includes mutually agreed-upon rail services. Funds for the
administration and marketing of services, as appropriate, shall also
be transferred by the secretary to the joint powers board, subject to
the terms of the interagency transfer agreement.
(c) The joint powers board or local or regional entities may
, but shall not be required to, augment state-provided
resources to expand intercity passenger rail services, or to address
funding shortfalls in achieving agreed-upon performance standards.
However, notwithstanding Section 99233.4 or 99260.5 of, or
subdivision (b) of Section 99400 of, the Public Utilities
Code, or any other provision of law, the joint powers board or local
or regional agencies relative to the San Joaquin Corridor shall not
use existing sources of transit funding for this purpose, including,
but not limited to, funds made available under the
Mills-Alquist-Deddeh Act, commonly known as the Transportation
Development Act (Chapter 4 (commencing with Section 99200) of Part 11
of Division 10, of the Public Utilities Code), or under the State
Transportation Assistance Program pursuant to Sections 99313 and
99314 of the Public Utilities Code. The joint powers board or local
or regional agencies with regard to the San Joaquin Corridor may
identify and secure new supplemental sources of funding for the
purpose of expanding or maintaining intercity rail passenger service
levels, which may include state and federal intercity rail resources.
(d) The department may provide any support services as may be
mutually agreed upon by the joint powers board and the
department.
(e) Operating costs shall be controlled by dealing with, at a
minimum, the current Amtrak cost allocation formula , which,
beginning in federal fiscal year 2013-14, will be subject to Section
209 of the federal Passenger Rail Investment and Improvement Act,
and the ability to contract out to Amtrak or other rail
operators as a part of federal legislation dealing with Amtrak
reauthorization.
(f) Not later than December 31, 1997, the secretary shall
establish a set of uniform performance standards for all corridors
and operators to control cost and improve efficiency. To the
extent necessary, as determined by the secretary, performance
standards may be modified not later than December 31, 2014, relative
to including the San Joaquin Corridor among the corridors subject to
an interagency transfer agreement.
(g) Notwithstanding any other provision of this section, with
regard to the San Joaquin Corridor, local resources described in
subdivision (c) shall not be available for expenditure to offset any
redirection, elimination, reduction, or reclassification of state
resources for operating intercity rail services.
SEC. 4. Section 14070.2 of the
Government Code is amended to read:
14070.2. (a) If authorized by the secretary, the department may,
through an interagency transfer agreement, transfer to a
joint powers board, and the board may assume, all responsibility for
administering intercity passenger rail service in the
corridor. Upon the date specified in the agreement, the board shall
succeed to the department's powers and duties relative to that
service, except that the department shall retain responsibility for
developing budget requests for the service through the state budget
process, which shall be developed in consultation with the board, and
for coordinating service in the corridor with other intercity
passenger rail services in the state.
(b) The (1) Except
as otherwise provided in paragraph (2), the interagency
transfer agreement shall be executed on or before December 31,
1996.
(2) With respect to the San Joaquin Corridor, the interagency
transfer agreement shall be executed on or before December 31, 2013.
(c) The secretary shall require the board to demonstrate the
ability to meet the performance standards established by the
secretary pursuant to subdivision (f) of Section 14031.8.
SEC. 5. Article 5.4 (commencing with Section
14074) of Chapter 1 of Part 5 of Division 3 of Title 2 of
the Government Code is repealed.
SEC. 6. Article 5.4 (commencing with Section
14074) is added to Chapter 1 of Part 5 of Division 3 of
Title 2 of the Government Code , to read:
Article 5.4. San Joaquin Corridor
14074. As used in this article, the following terms have the
following meanings:
(a) "Authority" or "San Joaquin Joint Powers Authority" means a
joint exercise of powers agency formed under Chapter 5 (commencing
with Section 6500) of Division 7 of Title 1 for purposes of assuming
administrative responsibility for the San Joaquin corridor under an
interagency transfer agreement pursuant to Article 5 (commencing with
Section 14070).
(b) "Board" means the governing board of the San Joaquin Joint
Powers Authority established under Section 14074.2.
(c) "San Joaquin Corridor" or "corridor" means the Los
Angeles-Bakersfield-Fresno-Stockton-Sacramento-Oakland intercity
passenger rail corridor.
14074.2. (a) There is hereby created the San Joaquin Joint Powers
Board, subject to being organized pursuant to subdivision (b). The
board shall be composed of not more than 11 members, as follows:
(1) One member of the board of directors of the Sacramento
Regional Transit District, appointed by that board.
(2) One member of the board of directors of the San Joaquin
Regional Rail Commission, appointed by that board.
(3) One member of the board of directors of the Stanislaus Council
of Governments, appointed by that board.
(4) One member of the board of directors of the Merced County
Association of Governments, appointed by that board.
(5) One member of the board of directors of the Madera County
Transportation Commission, appointed by that board.
(6) One member of the board of directors of the Fresno Council of
Governments, appointed by that board.
(7) One member of the board of directors of the Kings County
Association of Governments, appointed by that board.
(8) One member of the board of directors of the Tulare County
Association of Governments, appointed by that board.
(9) One member of the board of directors of the Kern Council of
Governments, appointed by that board.
(10) One member of the board of directors of a regional
transportation agency or rail transit operator that serves Contra
Costa County, appointed by ____, who shall be a resident of the
county.
(11) One member of a regional transportation agency or rail
transit operator that serves Alameda County, appointed by ____, who
shall be a resident of the county.
(b) The board shall be organized when at least six of the agencies
described in paragraphs (1) to (11), inclusive, of subdivision (a)
elect to appoint a member to serve on the board. Only those agencies
that appoint members to serve on the board prior to December 31,
2013, shall be member-agencies of the authority and be represented on
the board.
14074.4. This authority shall be created only if the agencies
that would be represented on the board enter into a joint exercise of
powers agreement to form the agency.
14074.6. The board shall make its decisions in accordance with
the votes of its members, with a majority vote required for all
matters with the exception of the approval of the business plan and
revisions to that plan, which shall require a two-thirds vote of the
members.
14074.8. The Steering Committee of the Caltrans Rail Task Force
shall remain in existence. If a joint powers authority is formed
pursuant to this article and an interagency transfer agreement is
executed pursuant to subdivision (b) of Section 14070.2, the Steering
Committee of the Caltrans Rail Task Force shall become the Steering
Committee of the San Joaquin Joint Powers Agency for the purpose of
advising the joint powers board.
SECTION 1. Section 8920 of the Government Code
is amended to read:
8920. (a) A Member of the Legislature, state elective or
appointive officer, or judge or justice shall not, while serving as
such, have any interest, financial or otherwise, direct or indirect,
or engage in any business or transaction or professional activity, or
incur any obligation of any nature, which is in substantial conflict
with the proper discharge of his or her duties in the public
interest and of his or her responsibilities as prescribed in the laws
of this state.
(b) A Member of the Legislature shall not do any of the following:
(1) Accept other employment which the Member has reason to believe
will either impair his or her independence of judgment as to his or
her official duties or require him or her, or induce him or her, to
disclose confidential information acquired by the Member in the
course of and by reason of the Member's official duties.
(2) Willfully and knowingly disclose, for pecuniary gain, to any
other person, confidential information acquired by the Member in the
course of and by reason of the Member's official duties or use any
such information for the purpose of pecuniary gain.
(3) Accept or agree to accept, or be in partnership with any
person who accepts or agrees to accept, any employment, fee, or other
thing of monetary value, or portion thereof, in consideration of the
Member's appearing, agreeing to appear, or taking any other action
on behalf of another person before any state board or agency.
This subdivision shall not be construed to prohibit a Member who
is an attorney at law from practicing in that capacity before any
court or before the Workers' Compensation Appeals Board and receiving
compensation therefor. This subdivision shall not act to prohibit a
Member from acting as an advocate without compensation or making
inquiry for information on behalf of a constituent before a state
board or agency, or from engaging in activities on behalf of another
which require purely ministerial acts by the board or agency and
which in no way require the board or agency to exercise any
discretion, or from engaging in activities involving a board or
agency which are strictly on his or her own behalf. The prohibition
contained in this subdivision shall not apply to a partnership or
firm of which the Member of the Legislature is a member if the Member
of the Legislature does not share directly or indirectly in the fee,
less any expenses attributable to that fee, resulting from the
transaction. The prohibition contained in this subdivision as it read
immediately prior to January 1, 1983, shall not apply in connection
with any matter pending before any state board or agency on or before
January 2, 1967, if the affected Member of the Legislature was an
attorney of record or representative in the matter prior to January
2, 1967. The prohibition contained in this subdivision, as amended
and operative on January 1, 1983, shall not apply to any activity of
any Member in connection with a matter pending before any state board
or agency on January 1, 1983, which was not prohibited by this
section prior to that date, if the affected Member of the Legislature
was an attorney of record or representative in the matter prior to
January 1, 1983.
(4) Receive or agree to receive, directly or indirectly, any
compensation, reward, or gift from any source except the State of
California for any service, advice, assistance, or other matter
related to the legislative process, except fees for speeches or
published works on legislative subjects and except, in connection
therewith, reimbursement of expenses for actual expenditures for
travel and reasonable subsistence for which no payment or
reimbursement is made by the State of California.
(5) Participate, by voting or any other action, on the floor of
either house, in committee, or elsewhere, in the passage or defeat of
legislation in which the Member has a personal interest, except as
follows:
(A) If, on the vote for final passage by the house of which he or
she is a member, of the legislation in which the Member has a
personal interest, he or she first files a statement (which shall be
entered verbatim on the journal) stating in substance that the Member
has a personal interest in the legislation to be voted on and,
notwithstanding that interest, he or she is able to cast a fair and
objective vote on that legislation, the Member may cast his or her
vote without violating any provision of this article.
(B) If the Member believes that, because of his or her personal
interest, he or she should abstain from participating in the vote on
the legislation, the Member shall so advise the presiding officer
prior to the commencement of the vote and shall be excused from
voting on the legislation without any entry on the journal of the
fact of his or her personal interest. In the event a rule of the
house requiring that each Member who is present vote aye or nay is
invoked, the presiding officer shall order the Member excused from
compliance and shall order entered on the journal a simple statement
that the Member was excused from voting on the legislation pursuant
to law.
The provisions of this section do not apply to persons who are
members of the state civil service as defined in Article VII of the
California Constitution.