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SB-558 Commission on California-Mexico Affairs.(2019-2020)

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Date Published: 08/13/2019 09:00 PM
SB558:v96#DOCUMENT

Amended  IN  Assembly  August 13, 2019
Amended  IN  Assembly  June 24, 2019
Amended  IN  Senate  April 02, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 558


Introduced by Senator Hueso
(Coauthor: Senator Wilk)
(Coauthor: Assembly Member Eduardo Garcia)

February 22, 2019


An act to amend Section 99524 of, to add Chapter 3 (commencing with Section 99530) to Title 20 of, and to repeal Chapter 8 (commencing with Section 8700) of Division 1 of Title 2 of, the Government Code, and to amend and renumber Section 475 of the Health and Safety Code, relating to California-Mexico affairs.


LEGISLATIVE COUNSEL'S DIGEST


SB 558, as amended, Hueso. Commission on California-Mexico Affairs.
(1) Existing law establishes the Office of California-Mexico Affairs and provides that the office succeeds to, and is vested with, all the duties, powers, purposes, and responsibilities vested in the previously established Commission of the Californias. Existing law generally sets forth the duties and authority of that office with respect to California-Mexico relations.
This bill would abolish the Office of California-Mexico Affairs and, instead, establish the Commission on California-Mexico Affairs, consisting of 9 voting and 2 nonvoting members. members, as specified. The bill would require the commission to, among other things, develop policy proposals and provide recommendations as to issues pertaining to the border between California and Mexico and to advise the Legislature and the Governor on matters of particular concern to this state in relation to border issues and matters with Mexico. The bill would expressly authorize the commission to develop and inform the Legislature of its position on pending legislative proposals, to urge the introduction of legislative proposals, make other legislative recommendations, and to state its position and viewpoint on issues developed in the performance of its duties and responsibilities. The bill would establish the California-Mexico Border Relations Fund Account in the Special Deposit Fund within the State Treasury to receive specified moneys received by the commission and, upon appropriation, make the moneys in the fund account available to the commission for these purposes. The bill would exempt the commission from specified open meeting requirements (1) at fundraising events, provided that a majority of members do not discuss among themselves any item of business of a specific nature that is within the subject matter jurisdiction of the commission, and (2) meetings held solely for the purpose of raising funds for the fund, provided that no other item of business that is within the subject matter of the commission is discussed, deliberated, or acted upon. The bill would also authorize the Governor to enter into an agreement with the governments of the State of Baja California and the State of Baja California Sur to establish the authority of a binational commission to coordinate support the coordination of activities between all three states that are related to cross-border programs, initiatives, projects, and partnerships of mutual interest to the governments and civil societies of the 3 states.
(2) Existing law establishes the California-Mexico Border Relations Council and requires the council to, among other things, coordinate activities of state agencies that are related to cross-border programs, initiatives, projects, and partnerships that exist within state government, and to improve the effectiveness of state and local efforts that are of concern to California and Mexico. Beginning January 1, 2008, existing law requires the council to submit a report to the Legislature on its activities annually. Existing law also requires the State Department of Health Care Services to establish a permanent Office of Binational Border Health to facilitate cooperation between health officials and health professionals in California and Mexico, as specified, and requires that office to convene a voluntary community advisory group of representatives of border community-based stakeholders to develop a strategic plan with short-term, intermediate, and long-range goals and implementation actions, as provided. Existing law also requires the office to prepare an annual border health status report and submit it to the Director of Health Care Services, the Legislature, and the Governor.
This bill, beginning on January 1, 2020, would require the California-Mexico Border Relations Council to provide a copy of the report submitted to the Legislature to the Commission on California-Mexico Affairs at the same time that it submits that report to the Legislature. The bill would also require the Office of Binational Border Health to provide a copy of the above-described strategic plan to the commission, to annually report specified information pertaining to the goals included in that plan, commission and to submit the above-described annual border health status report to the commission.

(3)Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 8 (commencing with Section 8700) of Division 1 of Title 2 of the Government Code is repealed.

SEC. 2.

 Section 99524 of the Government Code is amended to read:

99524.
 (a) Beginning January 1, 2008, the council shall submit a report to the Legislature on the council’s activities annually.
(b) Beginning January 1, 2020, the council shall provide a copy of the report submitted to the Legislature pursuant to this section to the Commission on California-Mexico Affairs at the same time that it submits that report to the Legislature.

SEC. 3.

 Chapter 3 (commencing with Section 99530) is added to Title 20 of the Government Code, to read:
CHAPTER  3. Commission on California-Mexico affairs Affairs

99530.
 The Legislature finds and declares all of the following:
(a) As the fifth largest economy in the world, California has positioned itself as a global leader. Our close proximity and shared values with Mexico has resulted in a high degree of economic, social, and cultural interdependence. Our shared border poses a unique set of challenges and opportunities that affect one of the most economically successful regions in the world.
(b) Given the importance of the relationship between Mexico and California, it is appropriate and necessary for the state to have a public stakeholder commission capable of developing policy proposals and recommendations to address issues pertaining to the California-Mexico border region and other issues of mutual concern to the State of California, the United Mexican States, the State of Baja California, and the State of Baja California Sur. Among other issues, a stakeholder commission could examine the following:
(1) Strategies for improving the quality of life in the border region.
(2) Events and activities to improve the relationship between this state and Mexico, including, but not limited to, the development of programs and cultural and educational exchanges to further California’s sister state relationship with Mexico.
(3) Opportunities for California tourism to link up with tourism opportunities with Mexico.
(4) Recommendations for how the state should address an influx of migrants and refugees at the border.
(5) Methods and models for improving water quality, including recommendations as to how the state should address pollution due to contamination of the Calexico New River and the Tijuana River Valley.
(6) Strategies for improving air quality and public health in the border region.
(7) Initiatives to increase trade and commerce and benefit labor, including recommendations as to how the state should develop and support a cross-border workforce.
(8) Recommendations for cooperative efforts to enhance public safety.
(9) Strategies for enhancing education opportunities, including, but not limited to, working with the State Department of Education to understand the scope of educational problems experienced by the students California and Mexico share.
(10) Recommendations to address transportation issues including, but not limited to, recommendations as to how to improve trade corridors and reduce border wait times.

99530.99530.5.
 For purposes of this chapter:
(a) “Account” means the California-Mexico Border Relations Account established pursuant to Section 99532.

(a)

(b) “Border” means the line of demarcation between California and Mexico.

(b)

(c) “Border county” means the County of Imperial or the County of San Diego.

(c)

(d) “Commission” means the Commission on California-Mexico Affairs established by Section 99531.

(d)“Fund” means the California-Mexico Border Relations Fund established pursuant to Section 99532.

(e) “Students we share” means students that have spent part of their educational careers in both California and Mexico, including both students who are United States citizens attempting to integrate into schools in Mexico and students who are Mexican citizens attempting to integrate into schools in the United States.

99531.
 (a) There is hereby established in state government the Commission on California-Mexico Affairs to serve as the central organizing body overseeing California-Mexico border issues. a public stakeholder body on cultural, economic, and environmental issues relating to California and Mexico.
(b) The commission shall be comprised of 11 members, as follows:
(1) The commission shall include the following nine members as voting members:
(A) Three public members, at least one of whom must reside in a border county, appointed by the Senate Committee on Rules.
(B) Three public members, at least one of whom must reside in a border county, appointed by the Speaker of the Assembly.
(C) Three public members, at least one of whom must reside in a border county, appointed by the Governor, subject to confirmation by the Senate.
(2) The commission shall include the following two members as nonvoting members:
(A) A member of the Senate.
(B) A member of the Assembly.
(c) (1) A public member appointed to the commission pursuant to paragraph (1) of subdivision (b) shall serve for a term of four years and shall continue in office until the expiration of their term and the subsequent appointment of a successor. In
(2) In appointing a public member, the appointing authority shall make every effort to ensure that there is representation of residents throughout the border region on the commission.
(d) (1) Each public member of the commission shall be entitled to receive their actual necessary traveling expenses while on official business of the commission.
(2) Each public member appointed to the commission pursuant to paragraph (1) of subdivision (b) shall additionally receive one hundred dollars ($100) per diem while on official business of the commission, not to exceed 12 days per year.
(e) (1) The commission shall annually select from its membership a chair and a vice chair.
(2) The commission and the chair, on behalf of the commission, may establish committees or ad hoc groups to examine issues, as assigned.
(f) (1) A majority of the voting members of the commission shall constitute a quorum for the transaction of business.
(2) Any member that misses three out of five meetings shall be discharged from the commission without prejudice and may be reappointed not less than one calendar year later.
(3) Notwithstanding the requirement in paragraph (1), the commission may meet absent a quorum to take public testimony if that testimony is taped, transcribed, or otherwise summarized in a manner making its content available for review at a later date. No other business of the commission may be undertaken at a meeting held pursuant to this paragraph.
(4) A member shall not take part in a discussion in which they have a conflict of interest, as specified for members of advisory boards in Chapter 7 (commencing with Section 87100) of Title 9.

(g)Except as otherwise provided in subdivision (f) of Section 99533, meetings

(g) (1) The commission shall hold not less than three meetings per calendar year.
(2) Meetings of the commission shall be open and public, and all persons shall be permitted to attend any meetings of the commission, in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2). The commission shall make an effort to hold a majority of its meetings within 100 miles of the border.
(h) The commission shall invite representatives of interested Mexican governments, including the State of Baja California, the State of Baja California Sur, or any other local, state, or federal government of Mexico to attend meetings of the commission.
(i) Each member of the commission shall do all of the following:
(1) Attend meetings of the commission.
(2) Participate in developing and implementing the projects of the commission.
(3) Serve on committees.
(4) Represent the commission when requested by public invitation.
(5) Work with the Legislature and the Governor’s office to advocate for the commission’s legislative and policy priorities.

99532.
 (a) The California-Mexico Border Relations Fund Account is hereby established in the Special Deposit Fund (Article 2 (commencing with Section 16370) of Chapter 2 of Part 2 of Division 4 of Title 2) within the State Treasury. Upon appropriation by the Legislature, moneys in the fund account shall be available to the commission for purposes of this chapter.
(b) There shall be deposited in the fund account the following:
(1) All federal funds received pursuant to subdivision (e) of Section 99533.
(2) All moneys received by gift, donation, grant, or bequest pursuant to subdivision (f) of Section 99533.
(3) Any other moneys appropriated or made available for purposes of this chapter.

99533.
 In carrying out its powers and duties under this chapter, the commission may do any of the following:
(a) Employ administrative, technical, and other personnel as may be necessary for the performance of its powers and duties under this chapter.
(b) Hold hearings, make and sign any agreements, and do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.
(c) Cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of this state to facilitate the proper carrying out of its powers and duties under this chapter.
(d) Appoint advisers or advisory committees when the commission determines that the experience or expertise of an adviser or advisory committee is needed for any project of the commission.
(e) Accept any federal funds granted, by act of Congress or by executive order, for any purpose of this chapter.
(f) (1)Accept any gifts, donations, grants, or bequests for any purpose of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend. chapter.

(2)The Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) shall not apply to the commission at a fundraising event held or organized by the commission, provided that a majority of the members do not discuss among themselves any item of business of a specific nature that is within the subject matter jurisdiction of the commission.

(3)The Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) shall not apply to any meetings conducted by the commission solely for purposes of raising funds for the California-Mexico Border Relations Fund, provided that no other item of business that is within the subject matter of the commission is discussed, deliberated, or acted upon.

(g) Apply for grants from public and private entities and conduct fundraising activities to support the work of the commission, consistent with the purposes of this chapter.

99534.
 The commission shall do all of the following:
(a) Develop policy proposals and recommendations as to issues pertaining to the California-Mexico border region and other issues of mutual concern to the State of California, the United Mexican States, the State of Baja California, and the State of Baja California Sur, including, but not limited to, the following matters: Sur.

(1)Improving the quality of life in the border region.

(2)Improving the relationship between this state and Mexico, including, but not limited to, through the development of programs and cultural and educational exchanges to further California’s sister state relationships with Mexico. The commission may work with the Director of Visit California to develop tourism opportunities with Mexico.

(3)Recommendations as to how the state should address an influx of migrants and refugees at the border.

(4)Improving water quality, including recommendations as to how the state should address pollution due to contamination of the Calexico New River and the Tijuana River Valley.

(5)Improving air quality and public health in the border region.

(6)Trade, commerce, and labor, including recommendations as to how the state should develop and support a cross-border workforce.

(7)Public safety.

(8)(A)Education, including, but not limited to, working with the Department of Education to understand the scope of educational problems experienced by the students we share.

(B)In developing recommendations pertaining to education pursuant to this paragraph, the commission may do both of the following:

(i)Work with the Department of Education and the United Mexican States to identify and remove barriers to California residents in Mexican schools.

(ii)Propose and promote to and advise the United Mexican States, the Legislature, and the Governor on matters of concern relating to the students we share and propose steps to addressing those concerns, including by legislation.

(9)Transportation, including, but not limited to, recommendations as to how to improve trade corridors and reduce border wait times.

(b) Collaborate with the State of Baja California and the State of Baja California Sur to address issues pertaining to the border, consistent with this chapter.
(c) Advise the Legislature and the Governor on matters of particular concern to this state in relation to border issues and matters with Mexico.
(d) Initiate, promote, and take appropriate steps to inform the public about legislation and proposed legislation intended to improve the relationship between this state and Mexico and impacting improve the quality of life in the border region.
(e) Collect and disseminate information on issues of concern relating to the border and the relationship between this state and Mexico to educate the public about issues pertaining to the border and between this state and Mexico.
(f) Coordinate group and individual and host events and activities throughout this state regarding the commission’s programs and activities.

(g)Provide technical and consultative assistance and advice on matters pertaining to the relationship between this state and Mexico.

(h)Establish policies to coordinate

(g) Make recommendations on policies that encourage the coordination and the collection and sharing of data related to cross-border issues between and among the various departments, divisions, boards, bureaus, commissions, and other agencies of this state.

(i)Advocate for appropriate policies at the federal and state level as to the best approaches to protect the health and well-being of the residents of this state with respect to the mission of the commission.

99535.
 (a) The commission is expressly authorized to develop positions and inform the Legislature of its position on any legislative proposal pending before the Legislature and to urge the introduction of legislative proposals. make other legislative recommendations.
(b) The commission is expressly authorized to state its position and viewpoint on issues developed in the performance of its duties and responsibilities as specified in this chapter.

99536.
 The In addition to any other authorities and in support of furthering the purposes of this chapter, the Governor may enter into an agreement with the governments of the State of Baja California and the State of Baja California Sur to establish the authority of a binational commission to coordinate support the coordination of activities between this state, the State of Baja California, and the State of Baja California Sur that are related to cross-border programs, initiatives, projects, and partnerships of mutual interest to the governments and civil societies of the three states. Any agreement entered into pursuant to this section shall prioritize the public health and well-being of residents within the three states.

SEC. 4.

 Section 475 of the Health and Safety Code is amended and renumbered to read:

875.
 (a)  (1)  The State Department of Health Services shall establish a permanent Office of Binational Border Health to facilitate cooperation between health officials and health professionals in California and Mexico, to reduce the risk of disease in the California border region, and in those areas directly affected by border health conditions.
(2)  The department shall administer the office, and shall seek available public or private funding, or both, to support the activities of the office.
(b)  The Office of Binational Border Health shall convene a voluntary community advisory group of representatives of border community-based stakeholders to develop a strategic plan with short-term, intermediate, and long-range goals and implementation actions. The advisory group shall include no more than 12 California representatives. The advisory group shall include, but not be limited to, members from local government, hospitals, health plans, community-based organizations, universities, Los Angeles, San Diego, and Imperial County health departments, and a representative from an association of local health officers specializing in border health issues. The office shall invite and request appropriate participation from representatives of the Baja California health department and other Mexican health departments affected by border health issues. Recommendations resulting from the strategic plan shall be developed and shared in consultation with the California appointees to the United States-Mexico Border Health Commission established pursuant to Section 290n of Title 22 of the United States Code, including the Director of Health Services. The office shall prepare an annual border health status report, and shall submit it to the Director of Health Services, the Commission on California-Mexico Affairs, the Legislature, and the Governor.
(c) The Office of Binational Border Health shall provide a copy of the strategic plan developed pursuant to subdivision (b) to the Commission on California-Mexico Affairs and shall annually report to the commission on the status of the goals included in that plan and a description of any actions taken to meet those goals in the preceding year. Affairs.

SEC. 5.

The Legislature finds and declares that Section 3 of this act, which adds Section 99532 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

This act allows the Commission on California-Mexico Affairs to engage in fundraising activities necessary to its operation while preserving the public’s right to access meetings of the commission concerning its mission and advisory activities.