Bill Text: CA AB3123 | 2023-2024 | Regular Session | Amended
Bill Title: Los Angeles County Metropolitan Transportation Authority: board code of conduct: lobbying rules.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-12 - From committee: Do pass and re-refer to Com. on E. & C.A. (Ayes 12. Noes 3.) (June 11). Re-referred to Com. on E. & C.A. [AB3123 Detail]
Download: California-2023-AB3123-Amended.html
Amended
IN
Assembly
March 21, 2024 |
Introduced by Assembly Member Jones-Sawyer |
February 16, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes the Department of Transportation and the California Transportation Commission, and vests with the department the obligation to improve and maintain state highways, including all traversable highways that have been adopted or designated as state highways by the commission.
This bill would make a nonsubstantive change to this provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 130051.17 of the Public Utilities Code is repealed.(a)Prior to the approval of any contract by the Los Angeles County Metropolitan Transportation Authority, or by any organizational unit of the authority, the authority shall adopt an ordinance comparable to Chapter 9.5 (commencing with Section 89500) of Title 9 of the Government Code, which regulates the acceptance of gifts by members of the authority, members of the board of an organizational unit, and designated employees, as defined by Section 82019 of the Government Code, of the authority. The ordinance shall prohibit any designated employee of the authority from accepting gifts with a total value of more than two hundred fifty dollars ($250) in a calendar year from any single source.
(b)The ordinance shall require the limitations on receiving gifts by members of the authority, and members of the board of an organizational unit who are not elected local officials to be substantially comparable to those specified by Chapter 9.5 (commencing with Section 89500) of Title 9 of the Government Code.
(c)For the purposes of this section, “gift” has the same meaning as defined in Section 82028 of the Government Code.
(d)(1)Payments, advances, or reimbursements, for travel, including actual transportation and related lodging and subsistence which is reasonably related to a governmental purpose, or to an issue of local, state, national or international public policy, is not prohibited or limited by this section if either of the following apply:
(A)The travel is in connection with a speech given by a member, member of the board of an organizational unit, or designated employee, the lodging and subsistence expenses are limited to the day immediately preceding, the day of, and the day immediately following the speech, and the travel is within the United States.
(B)The travel is provided by a government, a governmental agency, a foreign government, a governmental authority, a bona fide public or private educational institution, as defined in Section 203 of the Revenue and Taxation Code, or a nonprofit charitable or religious organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or by a person domiciled outside the United States which substantially satisfies the requirements for tax exempt status under Section 501(c)(3) of the Internal Revenue Code.
(2)Gifts of travel not described in paragraph (1) are subject to the limits in this section.
(3)Paragraph (1) applies only to travel which is reported on the recipient’s statement of economic interest.
(4)For purposes of this section, a gift does not include travel which is provided by the Los Angeles County Metropolitan Transportation Authority.
(5)(A)The policy shall specify appropriate penalties for violations by employees including, but not limited to, personnel action.
(B)The policy shall specify appropriate penalties for violations by members of the authority, and the members of the board of an organizational unit who are not subject to Chapter 9.5 (commencing with Section 89500) of Title 9 of the Government Code, which shall include, but not be limited to, removal from office by the appointing authority.
SEC. 2.
Section 130051.17 is added to the Public Utilities Code, to read:130051.17.
Any gifts received by members of the board or employees of the Los Angeles County Metropolitan Transportation Authority shall be governed by applicable state law and the authority’s administrative code.SEC. 3.
Section 130051.18 of the Public Utilities Code is amended to read:Prior to the approval of any contract by the Los Angeles County Metropolitan Transportation Authority, or by any organizational unit of the authority, the authority shall adopt and implement an ordinance for the regulation of lobbying that shall include, at a minimum, the provisions of this section.
130051.18.
(a) This section, in addition to rules or codes adopted by the board of the Los Angeles County Metropolitan Transportation Authority, shall regulate lobbying of the authority.(a)
(6)
An
“Contribution” also includes the
“Contribution” also includes any
“Contribution” does not include amounts
“Contribution” does
not include a
“Contribution” does not include volunteer
(7)
(8)
(9)
(10)
(A)
(B)
(11)
(12)
(b)
(ii)A written authorization signed by the person.
(iii)The time period of the contract or employment agreement.
(iv)
(ii)A written authorization signed by the person.
(iii)
(iv)Information sufficient to identify the lobbying interests of the person.
(6)(A)The registration statement may be amended within 10 days of a change in the information included in the statement. However, if the change includes the name of a person by whom a lobbyist is retained, the registration statement shall be amended to show that change prior to the commencement of lobbying by the lobbying firm or the lobbyist.
(C)Lobbyists and lobbyist firms are subject to subdivisions (f) and (g) for 12 months after filing a notice of termination.
(c)
(d)
(e)
(C)
(D)
(E)
(A)
(B)
(E)A periodic report, completed and verified by each lobbyist employed by a lobbyist employer pursuant to paragraph (1) of subdivision (e).
(F)
(G)
(H)
(B)The original and one copy of each report shall be filed with the filing officer, retained by the authority for a minimum of four years, and available for inspection by the public during regular working hours.
(f)
(g)No lobbyist or
(h)
(i)
(j)
(k)
(l)The provisions of this section are not applicable
(m)No
SEC. 4.
Section 130051.20 of the Public Utilities Code is repealed.(a)(1)No construction company, engineering firm, consultant, legal firm, or any company, vendor, or business entity seeking a contract with the Los Angeles County Metropolitan Transportation Authority shall give to a member, alternate member, or employee of the authority, or to any member of their immediate families, a contribution of over ten dollars ($10) in value or amount. A “contribution” includes contributions to candidates or their committees in any federal, state, or local election.
(2)Neither the owner, an employee, or any member of their immediate families, of any construction company, engineering firm, consultant, legal firm, or any company, vendor, or business entity seeking a contract with the authority shall make a contribution of over ten dollars ($10) in value or amount to a member, alternate member, or employee of the authority, or to any member of their immediate families.
(3)No member, alternate member, or employee of the authority, or member of their immediate families, shall accept, solicit, or direct a contribution of over ten dollars ($10) in value or amount from any construction company, engineering firm, consultant, legal firm, or any company, vendor, or business entity seeking a contract with the authority.
(4)No member, alternate member, or employee of the authority shall make or participate in, or use his or her official position to influence, a contract decision if the member, alternate member, or employee has knowingly accepted a contribution of over ten dollars ($10) in value in the past four years from a participant, or its agent, involved in the contract decision.
(5)No member, alternate member, or employee of the authority, or member of their immediate families shall accept, solicit, or direct a contribution of over ten dollars ($10) in value or amount from a construction company, engineering firm, consultant, legal firm, or any company, vendor, or business entity that has contracted with the authority in the preceding four years.
(b)A member, alternate member, or employee of the authority who has participated as a decisionmaker in the preparation, evaluation, award, or implementation of a contract and who leaves the authority shall not, within three years of leaving the authority, accept employment with any company, vendor, or business entity that was awarded a contract as a result of his or her participation, evaluation, award, or implementation of that contract.
SEC. 5.
Section 130600 of the Public Utilities Code is amended to read:130600.
For purposes of this chapter, the following(c)“Entitlement for use” includes all contracts except competitively bid, labor, or personal employment contracts, regardless of whether an individual accepts, solicits, or directs the contribution for himself or herself or on behalf of any other candidate or committee.
(d)
(e)“Indirect investment or interest” means any investment or interest owned by the spouse or dependent children of an individual, by an agent on behalf of the individual, or by a business entity or trust in which the individual, the individual’s agents, spouse, or dependent children own directly, indirectly or beneficially a 10 percent interest or greater.
(f)“Participant” means any person, other than a party, as defined in subdivision (g), who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license permit or other entitlement for use, including contract actions, and who has a financial interest in the decision. A person actively supports or opposes a particular decision in a proceeding if he or she lobbies in person the board members or MTA employees, testifies in person before the MTA, or otherwise acts to influence officers of the agency.
(g)“Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use to competitively bid on contracts, including contract amendments and change orders.
(h)
SEC. 6.
Section 130605 of the Public Utilities Code is amended to read:130605.
Any reference in this chapter to “chief executive officer,” “general counsel,” “counsel,” “inspector general,” “ethics officer,” “board secretary,” or “secretary” is to the officers of the Los Angeles County Metropolitan Transportation Authority appointed under SectionsSEC. 7.
Section 130607 is added to the Public Utilities Code, to read:130607.
(a) This chapter, in addition to rules or codes adopted by the board, shall be the code of conduct for the board of the Los Angeles County Metropolitan Transportation Authority.SEC. 8.
Section 130610 of the Public Utilities Code is amended to read:130610.
(a) The board shall appoint an ethics officer, who shall report to theSEC. 9.
Section 130615 of the Public Utilities Code is amended to read:130615.
(a)SEC. 10.
Section 130620 of the Public Utilities Code is amended to read:130620.
(a) Sanctions for violations of this chapter shall be determined by the board. The sanctions imposed shall depend upon the severity of the infraction and may be progressive unless the violation is determined to be so egregious as to warrant more severe action initially.SEC. 11.
Section 130625 of the Public Utilities Code is amended to read:130625.
(a) Confidential information, particularly investigative reports for the inspectorSEC. 12.
Section 130635 of the Public Utilities Code is amended to read:130635.
The rules of conduct at board meetings shall(a)Board members shall treat MTA staff members and each other with respect and courtesy.
(b)Disagreements shall not result in personal comments or attacks against an MTA staff member or another board member.
(c)When any member is recognized to speak at a board meeting, the board member shall address the chair.
(d)When two or more members address the chair at the same time, the chair shall name the member who is to be the first to speak.
(e)When speaking, a member shall confine his or her remarks to the topic under debate or discussion.
(f)Each member, in the order recognized by the chair, shall have not more than five minutes to speak.
(g)Answers to questions asked by a member shall be counted against the member’s five minutes.
(h)Once having recognized a member to speak, the chair shall not recognize that member to be heard again, except to answer questions, until all other board members have had an opportunity to speak.
(i)All members shall have an opportunity to speak before the chair may enter the discussion.
(j)After all members desiring to speak have had an opportunity to be heard once, the time for each member desiring to speak again, or for the first time, shall be limited to a maximum of three minutes.
(k)There shall be no limit to the number of times a member is allowed to speak.
(l)The secretary shall time the members when discussion of an issue begins and notify the chair when a member’s time has expired.
SEC. 13.
Section 130640 of the Public Utilities Code is amended to read:130640.
(a)SEC. 14.
Section 130655 of the Public Utilities Code is amended to read:130655.
(a) All board members shall be afforded an adequate opportunity to review written motions having financial or policy implicationsSEC. 15.
Section 130660 of the Public Utilities Code is amended to read:130660.
(a) Board members or their staff are prohibited from soliciting or accepting any gift from(b)Board members or their staff shall not accept gifts aggregating two hundred eighty-nine dollars ($289) or more, as specified in Section 89502 or 89503 of the Government Code, from a single source in any calendar year.
(c)Board members shall disqualify themselves from participating in a decision that may have a financial effect upon a source of income aggregating two hundred fifty dollars ($250) or more or a donor of gifts aggregating two hundred eighty-nine dollars ($289) or more, if those gifts were received within 12 months preceding the time of the decision.
(d)
(e)Board members shall report on their annual Statement of Economic Interest gifts aggregating fifty dollars ($50) or more and income of two hundred fifty dollars ($250)or more received from a single source in a calendar year.
SEC. 16.
Section 130665 of the Public Utilities Code is repealed.(a)Board members or their staff shall not accept any payment made for a speech given, an article published, participation in a program, or any other appearance at a public or private conference, convention, meeting, social event, meal, or similar gathering.
(b)This section does not prohibit payments for actual personal services rendered in connection with a member’s practice of a bona fide business, trade, or profession.
SEC. 17.
Section 130670 of the Public Utilities Code is repealed.Reimbursement for travel or lodging may be exempt from the provisions prohibiting gifts if the travel is related to MTA business. That reimbursement, however, shall be reported in the annual Statement of Economic Interest. The general counsel may be consulted prior to accepting payment or reimbursement to determine whether that reimbursement should be disqualified as a gift.
SEC. 18.
Section 130670 is added to the Public Utilities Code, to read:130670.
The payment for, and reimbursement of, board travel shall be governed by applicable state law and MTA’s administrative code.SEC. 19.
Section 130675 of the Public Utilities Code is amended to read:130675.
(a) Board members shall not direct or request that any MTA employee, contractor orSEC. 20.
Section 130680 of the Public Utilities Code is amended to read:130680.
(a) The chief executive officer shall be responsible for ensuring the MTA has an independent professional procurement staff. The chief executive officer and designated procurement staff shall be responsible for conducting an independent, autonomous procurement process in accordance with state and federal law.(g)Board members shall not release information about the procurement to the public until the award recommendation is made public.
(h)If a board member attempts to communicate with MTA staff to influence the recommended award, this communication shall be reported by staff to the inspector general.
SEC. 21.
Section 130685 of the Public Utilities Code is amended to read:130685.
(a)SEC. 22.
Section 130690 of the Public Utilities Code is repealed.Board members and their staff shall refrain from conduct that they know or reasonably should know is likely to create in the minds of reasonable observers the perception that the board member or staff member used his or her public position improperly.
SEC. 23.
Section 130700 of the Public Utilities Code is repealed.(a)Board members or their staff shall not participate in an MTA decision in which they know or have reason to know that they have a financial interest.
(b)Board members shall not be purchasers at any sale, or vendors at any purchase, that is made personally by that member.
(c) An individual is deemed to have a financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect on that individual or the individual’s immediate family, distinguishable from its effect on the public generally, or on any of the following:
(1)Any business entity in which the board member or staff member has a direct or indirect investment worth one thousand dollars ($1,000) or more.
(2)Any real property in which the board member or staff member has a direct or indirect interest worth one thousand dollars ($1,000) or more.
(3)Any source of income, other than gifts and other than loans by a commercial lending institution made in the regular course of business in terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the board member or staff member within 12 months prior to the time when the decision is made.
(4)Any business entity in which the board member or a member of his or her staff is a director, officer, partner, trustee, or employee, or holds any position of management.
(5)Any donor or, or any intermediary of, agent for a donor of a gift or gifts aggregating two hundred eighty-nine dollars ($289) or more in value provided to, received by, or promised to, the board member or staff member within 12 months prior to the time the decision is made.
(d) This section does not prohibit a board member from participating in a decision if that participation is legally required in order for the decision to be made. In that case the individual shall disclose the nature of his or her interest before he or she participates in the decision. For the purposes of this subdivision, the fact that a board member’s vote is necessary to break a tie does not make his or her participation legally required.
SEC. 24.
Section 130705 of the Public Utilities Code is amended to read:130705.
(a) Board members or their staff shall not engage in any employment, activity, or enterprise that is inconsistent, incompatible, or in conflict with the duties of an MTA officer.SEC. 25.
Section 130710 of the Public Utilities Code is amended to read:130710.
The MTA shall not contract with any of the following:SEC. 26.
Section 130715 of the Public Utilities Code is amended to read:130715.
(a) Former board members or their staff shall not participate in any contract withSEC. 27.
Section 130720 of the Public Utilities Code is amended to read:130720.
(a) Board members shall file Statements of Economic Interest with the ethics officer pursuant to state law, within 30 days of assuming office, annually, and within 30 days of leaving office.SEC. 28.
Section 130725 of the Public Utilities Code is amended to read:130725.
Any person who receives compensation to regularly provide advice, recommendations, or counsel to board members regarding MTA activities shall file a Statement of Economic Interest with the MTA withinSEC. 29.
Section 130730 of the Public Utilities Code is amended to read:130730.
(a) Any person whoSEC. 30.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.The department shall improve and maintain the state highways, including all traversable highways that have been adopted or designated as state highways by the commission, as provided in this code.