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SB-1799 High-Speed Rail Authority.(2001-2002)

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SB1799:v94#DOCUMENT

Passed  IN  Assembly  August 26, 2002
Passed  IN  Senate  August 30, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Senate Bill
No. 1799


Introduced  by  Senator Poochigian
(Coauthor(s): Senator Costa, Machado, Monteith)
(Coauthor(s): Assembly Member Ashburn, Briggs, Cogdill, Florez, Pescetti, Reyes)

February 22, 2002


An act to amend Section 185020 of the Public Utilities Code, relating to transportation, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 1799, Poochigian. High-Speed Rail Authority.
Existing law establishes the High-Speed Rail Authority which is composed of 9 members, with 5 members appointed by the Governor, 2 by the Senate Committee on Rules, and 2 by the Speaker of the Assembly. Existing law requires that geographical diversity be taken into consideration to ensure that all regions of the state are represented.
This bill would require that not less than 2 members of the authority be residents of the San Joaquin Valley. The bill would also require the authority to report to the Legislature by December 1, 2003, with recommendations for changes to the membership of the authority.
This bill would incorporate additional changes to Section 185020 of the Public Utilities Code proposed by SB 796, to become effective only if SB 796 and this bill are enacted and become effective on or before January 1, 2002, and this bill is enacted last.
The bill would declare that it is to take effect immediately as an urgency statute.

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


SECTION 1.

 Section 185020 of the Public Utilities Code is amended to read:

185020.
 (a) There is in state government a High-Speed Rail Authority.
(b) (1) The authority is composed of nine members as follows:
(A) Five members appointed by the Governor.
(B) Two members appointed by the Senate Committee on Rules.
(C) Two members appointed by the Speaker of the Assembly.
(2) For the purposes of making appointments to the authority, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall take into consideration geographical diversity to ensure that all regions of the state are adequately represented. Not less than two members shall be residents of the San Joaquin Valley.
(c) Except as provided in subdivision (d), and until their successors are appointed, members of the authority shall hold office for terms of four years. A vacancy shall be filled by the appointing power making the original appointment, by appointing a member to serve the remainder of the term.
(d) (1) On and after January 1, 2001, the terms of all persons who are then members of the authority shall expire, but those members may continue to serve until they are reappointed or until their successors are appointed. In order to provide for evenly staggered terms, persons appointed or reappointed to the authority after January 1, 2001, shall be appointed to initial terms to expire as follows:
(A) Of the five persons appointed by the Governor, one shall be appointed to a term which expires on December 31, 2002, one shall be appointed to a term which expires on December 31, 2003, one shall be appointed to a term which expires on December 31, 2004, and two shall be appointed to terms which expire on December 31, 2005.
(B) Of the two persons appointed by the Senate Committee on Rules, one shall be appointed to a term which expires on December 31, 2002, and one shall be appointed to a term which expires on December 31, 2004.
(C) Of the two persons appointed by the Speaker of the Assembly, one shall be appointed to a term which expires on December 31, 2003, and one shall be appointed to a term which expires on December 31, 2005.
(2) Following expiration of each of the initial terms provided for in this subdivision, the term shall expire every four years thereafter on December 31.
(e) Members of the authority are subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).
(f) From among its members, the authority shall elect a chairperson, who shall preside at all meetings of the authority, and a vice chairperson to preside in the absence of the chairperson. The chairperson shall serve a term of one year.
(g) Five members of the authority constitute a quorum for taking any action by the authority.
(h) The authority shall prepare a report for submission to the Legislature on or before December 1, 2003, that includes recommendations for changes to the composition of the membership of the authority in a manner that improves representation. The recommendations shall be developed with input from the public during regularly scheduled hearings of the authority, and shall include, but not be limited to, consideration of the most recent legislative changes to the composition of the membership of the authority and how the membership may best be structured in order to ensure equitable, regional representation.
(i) The authority is terminated on December 31, 2003, unless the Legislature, through the enactment of a statute on or before that date, repeals this provision or provides for a different termination date.

SEC. 1.5.

 Section 185020 of the Public Utilities Code is amended to read:

185020.
 (a) There is in state government a High-Speed Rail Authority.
(b) (1) The authority is composed of nine members as follows:
(A) Five members appointed by the Governor.
(B) Two members appointed by the Senate Committee on Rules.
(C) Two members appointed by the Speaker of the Assembly.
(2) For the purposes of making appointments to the authority, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall take into consideration geographical diversity to ensure that all regions of the state are adequately represented. Not less than two members shall be residents of the San Joaquin Valley.
(c) Except as provided in subdivision (d), and until their successors are appointed, members of the authority shall hold office for terms of four years. A vacancy shall be filled by the appointing power making the original appointment, by appointing a member to serve the remainder of the term.
(d) (1) On and after January 1, 2001, the terms of all persons who are then members of the authority shall expire, but those members may continue to serve until they are reappointed or until their successors are appointed. In order to provide for evenly staggered terms, persons appointed or reappointed to the authority after January 1, 2001, shall be appointed to initial terms to expire as follows:
(A) Of the five persons appointed by the Governor, one shall be appointed to a term which expires on December 31, 2002, one shall be appointed to a term which expires on December 31, 2003, one shall be appointed to a term which expires on December 31, 2004, and two shall be appointed to terms which expire on December 31, 2005.
(B) Of the two persons appointed by the Senate Committee on Rules, one shall be appointed to a term which expires on December 31, 2002, and one shall be appointed to a term which expires on December 31, 2004.
(C) Of the two persons appointed by the Speaker of the Assembly, one shall be appointed to a term which expires on December 31, 2003, and one shall be appointed to a term which expires on December 31, 2005.
(2) Following expiration of each of the initial terms provided for in this subdivision, the term shall expire every four years thereafter on December 31.
(e) Members of the authority are subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).
(f) From among its members, the authority shall elect a chairperson, who shall preside at all meetings of the authority, and a vice chairperson to preside in the absence of the chairperson. The chairperson shall serve a term of one year.
(g) Five members of the authority constitute a quorum for taking any action by the authority.
(h) The authority shall prepare a report for submission to the Legislature on or before December 1, 2003, that includes recommendations for changes to the composition of the membership of the authority in a manner that improves representation. The recommendations shall be developed with input from the public during regularly scheduled hearings of the authority, and shall include, but not be limited to, consideration of the most recent legislative changes to the composition of the membership of the authority and how the membership may best be structured in order to ensure equitable, regional representation.

SEC. 2.

 Section 1.5 of this bill incorporates amendments to Section 185020 of the Public Utilities Code proposed by both this bill and SB 796. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2003, but this bill becomes operative first, (2) each bill amends Section 185020 of the Public Utilities Code, and (3) this bill is enacted after SB 796, in which case Section 185020 of the Public Utilities Code, as amended by Section 1 of this bill, shall remain operative only until the operative date of SB 796, at which time Section 1.5 of this bill shall become operative.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that all regions of the state are adequately represented on the High-Speed Rail Authority as quickly as possible, it is necessary that this act take effect immediately.