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AB-380 Office of the Transportation Inspector General.(2019-2020)

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Date Published: 03/21/2019 09:00 PM
AB380:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 380


Introduced by Assembly Member Frazier
(Coauthors: Assembly Members Cunningham and Fong)

February 05, 2019


An act to amend Section 11552 of, to add Part 5.1 (commencing with Section 14460) to Division 3 of Title 2 of, and to repeal Chapter 5 (commencing with Section 14460) of Part 5 of Division 3 of Title 2 of, the Government Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 380, as amended, Frazier. Office of the Transportation Inspector General.
Existing law creates the Department of Transportation within the Transportation Agency and creates the Independent Office of Audits and Investigations within the department, with specified powers and duties. Existing law requires the Governor to appoint the director of the office for a 6-year term, subject to confirmation by the Senate, and provides that the director, known as the Inspector General, may not be removed from office during the term except for good cause. Existing law specifies the duties and responsibilities of the Inspector General with respect to the department and local agencies receiving state and federal transportation funds through the department, and requires an annual report to the Legislature and Governor.
This bill would eliminate the Independent Office of Audits and Investigations and would instead create the Independent Office of the Transportation Inspector General in state government, as an independent office that would not be a subdivision of any other government entity, to ensure that specified state agencies and all external entities that receive state and federal transportation funds are operating efficiently, effectively, and in compliance with federal and state laws. The bill would require the Governor to appoint the Transportation Inspector General for a 6-year 4-year term, subject to confirmation by the Senate, and would prohibit the Transportation Inspector General from being removed from office during the term except for good cause. The bill would specify the duties and responsibilities of the Transportation Inspector General and set the salary of the Transportation Inspector General. The bill would require the Transportation Inspector General to submit an annual report to the Governor, the Legislature, and the California Transportation Commission.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11552 of the Government Code is amended to read:

11552.
 (a) Effective January 1, 1988, an annual salary of eighty-five thousand four hundred two dollars ($85,402) shall be paid to each of the following:
(1) Commissioner of Business Oversight.
(2) Director of Transportation.
(3) Real Estate Commissioner.
(4) Director of Social Services.
(5) Director of Water Resources.
(6) Director of General Services.
(7) Director of Motor Vehicles.
(8) Executive Officer of the Franchise Tax Board.
(9) Director of Employment Development.
(10) Director of Alcoholic Beverage Control.
(11) Director of Housing and Community Development.
(12) Director of Alcohol and Drug Programs.
(13) Director of Statewide Health Planning and Development.
(14) Director of the Department of Human Resources.
(15) Director of Health Care Services.
(16) Director of State Hospitals.
(17) Director of Developmental Services.
(18) State Public Defender.
(19) Director of the California State Lottery.
(20) Director of Fish and Wildlife.
(21) Director of Parks and Recreation.
(22) Director of Rehabilitation.
(23) Director of the Office of Administrative Law.
(24) Director of Consumer Affairs.
(25) Director of Forestry and Fire Protection.
(26) The Inspector General pursuant to Section 6125 of the Penal Code.
(27) Director of Child Support Services.
(28) Director of Industrial Relations.
(29) Director of Toxic Substances Control.
(30) Director of Pesticide Regulation.
(31) Director of the Department of Managed Health Care.
(32) Director of Environmental Health Hazard Assessment.
(33) Director of the California Conservation Corps.
(34) Director of Technology.
(35) Director of Emergency Services.
(36) Transportation Inspector General.
(b) The annual compensation provided by this section shall be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase provided by this section shall be comparable to, but shall not exceed, the percentage of the general salary increases provided for state employees during that fiscal year.

SEC. 2.

 Chapter 5 (commencing with Section 14460) of Part 5 of Division 3 of Title 2 of the Government Code is repealed.

SEC. 3.

 Part 5.1 (commencing with Section 14460) is added to Division 3 of Title 2 of the Government Code, to read:

PART 5.1. OFFICE OF THE TRANSPORTATION INSPECTOR GENERAL

14460.
 (a) There is hereby created in state government the Independent Office of the Transportation Inspector General, which shall not be a subdivision of any other governmental entity, to ensure that the Department of Transportation, the High-Speed Rail Authority, the Department of the California Highway Patrol, the Department of Motor Vehicles, the State Air Resources Board, and all external entities that receive state and federal transportation funds are spending those funds efficiently, effectively, and in compliance with applicable federal and state laws. 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 a state agency or through an agreement or grant administered by a state agency.
(b) The Governor shall appoint, subject to confirmation by the Senate, the Transportation Inspector General to a six-year four-year term. The Transportation Inspector General shall not be removed from office during that term, except for good cause. The reasons for removal of the Transportation 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.

14461.
 The Transportation Inspector General shall review policies, practices, and procedures, and conduct audits and investigations of activities involving state and federal transportation funds in consultation with all affected state agencies. Specifically, the Transportation Inspector General’s duties and responsibilities shall include, but not be limited to, all of the following:
(a) Examining the operating practices of all state agencies expending state and federal transportation funds to identify fraud and waste, opportunities for efficiencies, and opportunities to improve the data used to determine appropriate project resource allocations.
(b) Identifying best practices in the delivery of transportation projects and developing policies or recommending proposed legislation enabling state agencies to adopt these practices when practicable.
(c) Providing objective analysis of and, when possible, offering solutions to concerns raised by the public or generated within agencies involving the state’s transportation infrastructure and project delivery methods.
(d) Conducting, supervising, and coordinating audits and investigations relating to the programs and operations of all state transportation agencies with state-funded state and federally funded transportation projects.
(e) Recommending policies promoting economy and efficiency in the administration of programs and operations of all state agencies with state-funded state and federally funded transportation projects.
(f) Ensuring that the Secretary of Transportation and the Legislature are fully and currently informed concerning fraud or other serious abuses or deficiencies relating to the expenditure of funds or administration of programs and operations.

14462.
 The Office of the Transportation Inspector General may do all of the following:
(a) Enter into contracts.
(b) Establish offices.
(c) Appoint employees as may be necessary to assist in the discharge of the duties required by this part consistent with applicable civil service laws.
(d) Fix the compensation of employees and prescribe their duties.
(e) Sue or be sued.

14463.
 The Transportation Inspector General is vested with the full authority to exercise all responsibility for maintaining a full-scope, independent, and objective audit and investigation program, as prescribed by Sections 1237, 13885, 13886.5, 13887.5, and 13888.

14464.
 Notwithstanding Section 13887, in order to achieve independence and objectivity pursuant to this section, the Independent Office of the Transportation Inspector General shall meet both of the following requirements:
(a) The Transportation Inspector General shall report all audit and confidential investigation findings and recommendations made under the Transportation Inspector General’s jurisdiction to the Secretary of Transportation on an ongoing and current basis.
(b) The Transportation Inspector General shall report at least annually, or upon request, to the Governor, the Legislature, and the California Transportation Commission a summary of the Transportation 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 Transportation Inspector General and whether the Transportation Inspector General’s recommendations relative to audits and investigations have been implemented by the affected departments or affected external entities. The report shall be submitted to the Legislature in compliance with Section 9795.