Bill Text: CA AB2261 | 2023-2024 | Regular Session | Amended
Bill Title: Transportation: federal funding: tribes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-07-15 - Chaptered by Secretary of State - Chapter 102, Statutes of 2024. [AB2261 Detail]
Download: California-2023-AB2261-Amended.html
|
Amended
IN
Assembly
March 11, 2024 |
| Introduced by Assembly Member Garcia |
February 08, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law creates the Independent Office of Audits and Investigations in the Department of Transportation to ensure, among other things, that the department, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with state and federal requirements.
This bill would make a nonsubstantive change that provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 18 (commencing with Section 2702) is added to Division 3 of the Streets and Highways Code, to read:CHAPTER 18. Federal Aid for Tribes
2702.
(a) To the extent permitted by federal law, and subject to subdivision (b), a federally recognized Native American tribe shall be eligible for federal funding for a transportation project and may be the lead agency for a transportation project that receives federal funding.(a)There is hereby created in the department the Independent Office of Audits and Investigations to ensure all of the following:
(1)The department, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and federal requirements. Those external entities include, but are not limited to, private for-profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds
either through a contract with the department or through an agreement or grant administered by the department.
(2)The department’s programs are functioning consistent with applicable accounting standards and practices and are administered effectively, efficiently, and economically.
(3)The department’s management is accomplishing departmental priorities, developing an annual audit plan, administering an effective enterprise risk management program, and is making efficient, effective, and financially responsible transportation decisions.
(4)The Secretary of Transportation, the Legislature, the California Transportation Commission, and the director and chief deputy director of the department are fully informed concerning fraud, improper activities, or other serious abuses or deficiencies relating to the expenditure
of transportation funds or administration of department programs and operations.
(b)The Governor shall appoint the director of the Audits and Investigations Office, who shall serve a six-year term, have the title of Inspector General, and be subject to Senate confirmation. The Inspector General may not be removed from office during that term, except for good cause. The reasons for removal of the Inspector General shall be stated in writing and shall include the basis for removal. The writing shall be sent to the Secretary of the Senate and the Chief Clerk of the Assembly at the time of the removal and shall be deemed to be a public document.
(c)The Inspector General is vested with the full authority to exercise all responsibility for maintaining a full scope, independent, and objective audit and investigation program, including, but not limited to, those activities described in
Section 14461.
(d)In order to achieve independence and objectivity pursuant to this section, the Independent Office of Audits and Investigation shall meet all of the following requirements:
(1)The Inspector General shall report all audit and confidential investigation findings and recommendations made under the Inspector General’s jurisdiction to the Secretary of Transportation and the director and chief deputy director of the department on an ongoing and current basis.
(2)The Inspector General shall report at least annually, or upon request, to the Governor, the Legislature, and the California Transportation Commission with a summary of the Inspector General’s investigation and audit findings and recommendations. The summary shall be posted on the office’s internet website and shall otherwise be made available to
the public upon its release to the Governor, commission, and Legislature. The summary shall include, but need not be limited to, significant problems discovered by the Inspector General and whether the Inspector General’s recommendations relative to audits and investigations have been implemented by the affected units and programs of the department or affected external entities. The report shall be submitted to the Legislature in compliance with Section 9795.
