Bill Text: CA SB751 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Meetings: publication of action taken.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 257, Statutes of 2013. [SB751 Detail]

Download: California-2013-SB751-Amended.html

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BILL NUMBER: SB 751	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 11, 2013

INTRODUCED BY   Senator Yee

                        FEBRUARY 22, 2013

   An act  to add Section 29540 to the Government Code, 
relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 751, as amended, Yee. Local planning: metropolitan planning
organizations. 
   Existing law provides for the designation of transportation
planning agencies throughout the state with various powers and duties
relative to transportation planning and programming. Existing law
provides for the allocation of certain transportation funds,
including revenues derived from sales tax in the amount of 1/4% of
the sales in each county, which are deposited in the local
transportation fund. Certain transportation planning agencies in
urbanized areas are also designated under federal law as metropolitan
planning organizations.  
   This bill would require a transportation planning agency that is
also designated as a metropolitan planning organization to publicly
report any action taken, as defined, and the vote or abstention on
that action of every member present. By requiring a transportation
agency to perform new duties, the bill would impose a state-mandated
local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   This bill would authorize the district attorney or any interested
person to commence an action for the purpose of obtaining a judicial
determination that an action taken by a transportation planning
agency in violation of the bill is null and void, as specified. 

   Existing law establishes various regional agencies for the purpose
of addressing planning issues, including transportation planning.
Certain of these agencies are designated, pursuant to federal law, as
metropolitan planning organizations, and are charged with specified
transportation planning duties.  
   This bill would declare the intent of the Legislature to enact
legislation to ensure transparency in connection with the functioning
of metropolitan planning organizations, including, but not limited
to, the individual voting records of their members. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 29540 is added to the 
 Government Code   , to read:  
   29540.  (a) A transportation planning agency designated pursuant
to Section 29532 or 29532.1 that is also designated as the
metropolitan planning organization for a region pursuant to Section
134 of Title 23 of the United States Code shall publicly report any
action taken, as defined in Section 54952.6, and the vote or
abstention on that action of every member present.
   (b) The district attorney or any interested person may commence an
action pursuant to Section 54960.1 for the purpose of obtaining a
judicial determination that an action taken by a transportation
planning agency in violation of subdivision (a) is null and void.

   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
       
  SECTION 1.    It is the intent of the Legislature
to enact legislation to ensure transparency in connection with the
functioning of metropolitan planning organizations, including, but
not limited to, the individual voting records of their members.