SB 415 Senate Bill

BILL NUMBER: SB 415	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 27, 2011

INTRODUCED BY   Senator Wright

                        FEBRUARY 16, 2011

    An act to amend Section 83115 of the Government Code,
relating to the Political Reform Act of 1974.   An act
to add Section 4109 to the Food and Agricultural Code, and to amend
Section 8300 of the Government Code, relating to th   e Los
Angeles Memorial Coliseum Commission. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 415, as amended, Wright.  Political Reform Act of 1974:
investigations.   Los Angeles Memorial Coliseum
Commission.  
   Under existing law, the Sixth District Agricultural Association,
known and designated as the California Science Center, is authorized
to build, construct, and maintain and operate a stadium or any arena,
pavilion, or other building to be used for specified events,
including sports events. The California Science Center is also
required to work with the Los Angeles Memorial Coliseum Commission,
the City of Los Angeles, and the County of Los Angeles to develop
additional parking facilities in Exposition Park.  
   This bill would require the California Science Center, if the Los
Angeles Memorial Coliseum Commission fails to perform under or abide
by any terms and conditions of a lease between the commission and the
California Science Center for the Los Angeles Memorial Coliseum, to
become the successor lessor to the commission's interest in the lease
and quit and surrender the leased premises to the California Science
Center and preserve all assets and minimize all liabilities under
the lease, as specified.  
   Existing law requires that the joint powers agreement entered into
by the City of Los Angeles, the County of Los Angeles, and the
California Science Center, creating the Los Angeles Memorial Coliseum
Commission, be amended to provide that the membership of the
commission be increased to include 2 additional ex officio, nonvoting
members, one Member of the Senate appointed by the Senate Committee
on Rules, and one Member of the Assembly appointed by the Speaker of
the Assembly.  
   Existing law further provides that the 2 additional members shall
serve terms that are the same as other members of the commission, and
shall participate in the activities of the commission to the extent
that their participation is not incompatible with their respective
positions as Members of the Legislature. Existing law provides that
for these purposes, the Members of the Legislature shall constitute a
joint investigating committee on the subject of the commission and
shall have the powers and duties imposed upon the committees by the
Joint Rules of the Senate and Assembly.  
   This bill would specify that an ex officio member of the Los
Angeles Memorial Coliseum Commission may be present in closed session
meetings of the commission, and would also state that this provision
is declaratory of existing law.  
   The bill would express the intent of the Legislature to pursue an
appropriate investigation and review of the financial operations,
procedures, and financial dealings of the Los Angeles Memorial
Coliseum Commission. The bill would also set forth a related
statement of findings and declarations.  
   The Political Reform Act of 1974 provides for the comprehensive
regulation of campaign financing, lobbyists, conflicts of interest of
public officials, and related matters, and establishes the Fair
Political Practices Commission to enforce the act's provisions. The
Commission is charged with the responsibility to investigate, upon
the sworn complaint of any person or upon its own initiative,
possible violations of the act relating to any agency, official,
election, lobbyist, or legislative or administrative action.
 
   This bill would require the Commission to notify any person who is
the subject of an investigation by the Commission of the
investigation at least 24 hours before the Commission makes any
information regarding the investigation available to the public.
 
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.  
   This bill would declare that it furthers the purposes of the act.

   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The Legislature hereby finds and
declares that the mismanagement of the Los Angeles Memorial Coliseum
Commission (hereafter, the commission) and the lack of responsible
oversight has placed the commission in a precarious financial and
contractual position for all of the following reasons:  
   (1) Numerous recent events have raised serious questions about the
operation, oversight, and efficiency of the fiscal affairs of the
Los Angeles Memorial Coliseum. Recent articles in the Los Angeles
Times have reported that three years ago the commission had
$12,000,000 in reserves, that the amount in reserves is now
$1,600,000, and that the commission is expecting an additional
deficit of $302,000 in the fiscal year ending June 30, 2011. 

   (2) The commission has announced that it will not be able to
undertake the $60,000,000 in renovations included in the terms of its
lease with the University of Southern California.  
   (3) A recent scandal exposed by the Los Angeles Times alleges that
the former events manager is under investigation by the Los Angeles
County district attorney's office and the Fair Political Practices
Commission for receiving tens of thousands of dollars from companies
doing business with the Los Angeles Memorial Coliseum that the former
events manager failed to disclose for four years as required by law.
This individual was paid an annual salary of $189,278, and, in
addition, he received more than $100,000 per year from each of his
private companies that did business with the coliseum. Although the
former general manager of the coliseum approved the event manager's
second job with a private company, the former general manager asserts
that he did not approve many of the other deals between the former
events manager and the other private companies.  
   (b) The Legislature hereby finds and declares that there is a
clear need for an independent audit of the operations and financial
dealings of the Los Angeles Memorial Coliseum Commission in order to
ensure that the funds controlled by the commission are properly
administered by the commission. 
   SEC. 2.    Section 4109 is added to the  
Food and Agricultural Code   , to read:  
   4109.  (a) As used in this section, the following definitions
shall apply:
   (1)  "Association" means the Sixth District Agricultural
Association, also known and designated as the California Science
Center.
   (2) "Commission" means the Los Angeles Memorial Coliseum
Commission, a joint powers authority created by a joint powers
agreement pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code.
   (3) "Lease" means the lease and agreement, designated as the
Coliseum Lease of 1955, executed on January 3, 1956, by and between
the association and the commission, including the Amendment to
Coliseum Lease, executed on February 13, 2008, by and between the
association and the commission.
   (b) Notwithstanding any other law, or any provision of the lease,
if the commission fails to perform under or abide by any of the terms
and conditions of the lease, including, but not limited to, the
timely payment of rent payments to the association, the association
shall, upon 30 days' written notice, become the successor lessor in
the lease and shall do both of the following:
   (1) Quit and surrender the leased premises to the
association-lessor, as provided in Article 7 of the lease.
   (2) Preserve all assets, minimize all liabilities, and cooperate
with the association, including providing, among other things, that
the maintenance staff shall be under the direction and control of the
association. 
   SEC. 3.    Section 8300 of the   Government
Code   is amended to read: 
   8300.   (a)    The joint powers agreement
entered into by the City of Los Angeles, the County of Los Angeles,
and the Sixth District Agricultural Association known and designated
as the California Science Center, creating the Los Angeles Memorial
Coliseum Commission, shall be amended to provide that the membership
of the commission shall be increased to include two additional ex
officio, nonvoting members, one Member of the Senate appointed by the
 Senate  Committee on Rules  of the Senate
 , and one Member of the Assembly appointed by the Speaker
of the Assembly. 
   The 
    (b)     The  two additional  ex
officio  members shall serve terms that are the same as other
members of the commission, and shall participate in the activities of
the commission to the extent that their participation is not
incompatible with their respective positions as Members of the
Legislature. For the purposes of this section, the Members of the
Legislature shall constitute a joint investigating committee on the
subject of the commission and shall have the powers and duties
imposed upon the committees by the Joint Rules of the Senate and
Assembly. 
   (c) An ex officio member of the Los Angeles Memorial Coliseum
Commission may be present in closed session meetings of the
commission. This provision is declaratory of existing law. 
   SEC. 4.    It is the intent of the Legislature to
pursue an appropriate investigation and review of the financial
operations, procedures, and financial dealings of the Los Angeles
Memorial Coliseum Commission.  
  SECTION 1.    Section 83115 of the Government Code
is amended to read:
   83115.  (a) Upon the sworn complaint of any person or on its own
initiative, the Commission shall investigate possible violations of
this title relating to any agency, official, election, lobbyist, or
legislative or administrative action.
   (b) A person who is the subject of an investigation by the
Commission shall be notified of the investigation at least 24 hours
before the Commission makes any information regarding the
investigation available to the public.
   (c) Within 14 days after receipt of a complaint under this
section, the Commission shall notify in writing the person who made
the complaint of the action, if any, the Commission has taken or
plans to take on the complaint, together with the reasons for such
action or nonaction. If no decision has been made within 14 days, the
person who made the complaint shall be notified of the reasons for
the delay and shall subsequently receive notification as provided
above. 
  SEC. 2.    The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.