BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 878
                                                                  Page  1


          SENATE THIRD READING
          SB 878 (DeSaulnier)
          As Amended  August 9, 2012
          Majority vote 

           SENATE VOTE  :Vote not relevant  
           
           TRANSPORTATION      9-3         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bonnie Lowenthal,         |Ayes:|Gatto, Blumenfield,       |
          |     |Blumenfield, Bonilla,     |     |Bradford,                 |
          |     |Buchanan, Eng, Furutani,  |     |Charles Calderon, Campos, |
          |     |Galgiani, Portantino,     |     |Davis, Fuentes, Hall,     |
          |     |Solorio                   |     |Hill, Cedillo, Mitchell,  |
          |     |                          |     |Solorio                   |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Logue, Miller, Norby      |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Creates Office of the Transportation Inspector General 
          (IG) within state government to oversee transportation.  
          Specifically,  this bill  :  

          1)Establishes the IG to ensure the California Department of 
            Transportation (Caltrans), the High-Speed Rail Authority 
            (HSRA) and all other state, regional, and local agencies that 
            use state transportation funds are operating efficiently, 
            effectively, and in compliance with federal and state laws.  

          2)Directs the Governor to appoint the IG to a six-year term and 
            prohibits the IG from being removed from office during that 
            term, except for good cause.  

          3)Directs the IG to review policies, practices, and procedures, 
            and conduct audits and investigations of activities involving 
            state transportation funds.  

          4)Directs the IG to report annually to the Governor and 
            Legislature with a summary of his or her findings, 
            investigation, and audits; requires that this summary be 
            posted on the IG's Internet Web site.  








                                                                  SB 878
                                                                  Page  2



          5)Directs the IG, in consultation with the Department of 
            Finance, to develop a methodology for developing a budget for 
            the IG's office.  Provides that, to the extent possible, the 
            IG's office should be funded with federal transportation 
            funds; otherwise funds should be made available proportionally 
            from the Highway Users Tax Account and from an account from 
            which high-speed rail activities may be funded.  

           EXISTING LAW  :  

          1)Creates an independent Office of the Inspector General to be 
            responsible for contemporaneous oversight of internal affairs 
            investigations and the disciplinary process of the Department 
            of Corrections and Rehabilitation.  

          2)Creates Offices of Inspector General for the Los Angeles 
            Unified School District and the Los Angeles County 
            Metropolitan Transportation Authority.  

          3)Creates the Bureau of State Audits (BSA) to be independent of 
            the executive branch and legislative control.  

          4)Vests BSA with the responsibility to examine and report 
            annually upon the financial statements prepared by the 
            executive branch of the state and to perform other related 
            assignments, including performance audits that are mandated by 
            statute.  
           
          FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, annual federal fund and special fund costs would 
          initially be in the range of $1 million, but over time would 
          likely increase to several million dollars.  

           COMMENTS  :  Inspectors general are responsible for examining the 
          actions of government agencies to ensure they are operating in 
          compliance with generally established policies of government, to 
          provide leadership and coordination, to recommend policies for 
          activities designed to promote economy, efficiency, and 
          effectiveness, and to prevent and detect fraud and abuse.  

          Inspectors general are used at all levels of governments, for 
          example:









                                                                  SB 878
                                                                  Page  3


          1)At the federal level, there are over seventy offices of 
            inspectors general, including an Office of Inspector General 
            for Transportation.  

          2)California has multiple inspectors general to oversee state 
            departments, including Corrections and Rehabilitation, the 
            California Highway Patrol, and the State Military Department.  


          3)In Los Angeles, inspectors general oversee the school 
            district, police department, and transportation authority, 
            among others.  

          According to the author, as the state's transportation resources 
          diminish, efficient and effective use of every dollar becomes 
          increasingly critical and he believes an IG for transportation 
          may help encourage improved use of state resources.  

          Related legislation:  AB 471 (Lowenthal) of 2011, would have 
          created an independent Office of Inspector General to oversee 
          the High-Speed Rail Authority.  That bill was held on the 
          Assembly suspense file.  
           

          Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093 


                                                                FN: 0005023