BILL ANALYSIS
SB 89
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Date of Hearing: July 7, 1997
ASSEMBLY COMMITTEE ON TRANSPORTATION
Kevin Murray, Chairman
SB 89 (Hayden) - As Amended: May 1, 1997
SENATE VOTE : 32-0
SUBJECT : Transportation: Los Angeles County Metropolitan
Transportation Authority: members and employees: gifts:
recordable injuries
SUMMARY : This measure imposes limitations on gifts and
contributions to members and employees of the Los Angeles County
Metropolitan Transportation Authority (MTA), prohibits former
members and employees from working for MTA contractors, and
requires specific reporting of injuries by MTA construction firms.
Specifically, this bill :
1) Prohibits any firm seeking a contract with the MTA from making
a gift or contribution of over $10 to any member, alternate
member, or employee of the MTA, or to a member of their immediate
families. "Contribution" is defined as a contribution to a
candidate or their committees in any federal, state or local
election.
2) Prohibits the owner of a firm seeking a contract with the MTA,
an employee of the firm, or a member of their immediate family,
from making a gift or contribution of over $10 to any member,
alternate member or employee of the MTA, or to any member of their
immediate family.
3) Prohibits any member, alternate member, or employee of the
MTA, or any member of their immediate family, from accepting a
gift or contribution of over $10 from any firm seeking a contract
with the MTA.
4) Prohibits any member, alternate member or employee of the MTA
from making a decision, or participating in, or using his or her
official position to influence, a contract decision if they have
received a gift or contribution of over $10 in the past four years
from the participant in the contract decision or his or her agent.
5) Prohibits a member, alternate member or employee of the MTA,
or any member of their immediate families, from accepting a gift
or contribution of over $10 from any firm that has contracted with
the MTA in the preceding four years.
6) Prohibits a member, alternate member, or employee of the MTA
who has participated in the preparation, evaluation, award, or
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implementation of a contract from accepting employment with a firm
that was awarded a contract as a result of the participation.
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7) Defines a "recordable injury" as any injury requiring
treatment beyond simple first aid, requires construction firms
that contract with the MTA to report recordable injuries monthly
to the MTA, and requires the MTA to base any safety bonus program
for contractors on recordable injuries.
EXISTING LAW :
1) Establishes the Political Reform Act (PRA) which includes,
among other things, prohibitions on gifts to elected and appointed
state officials and designated employees of over $250 in any year.
2) Requires the MTA to adopt an ordinance comparable to the (PRA)
which regulates the acceptance of gifts by members, alternate
members, and designated employees of the MTA. Requires the
ordinance to prohibit annual gifts of more than $250 to any
designated employee, and requires the ordinance to limit gifts to
members and alternate members substantially comparable to the PRA.
FISCAL EFFECT : None
COMMENTS : This is one of a number of measures introduced this
year in the Legislature in response to problems and deficiencies
in the MTA.
This measure is intended to eliminate any possibility, real or
perceived, that companies seeking contracts with the MTA "buy"
favor with those who can influence the award of those contracts by
making campaign contributions or by giving gifts to
decision-makers.
However, this measure does not prohibit a member, alternate
member, or employee of the MTA from directing a gift or
contribution to another candidate or cause.
Nor does it prohibit unlimited gifts or contributions from the
organized labor unions which represent MTA employees, or other
affiliated organizations. The largest single contracts approved
by the MTA are the employee labor agreements.
The provisions dealing with recordable injuries are a response to
bonus clauses included in many MTA construction contracts which
provide bonuses for operations that experience little lost time
due to injuries. Under these clauses, contractors can be awarded
large bonuses even though many accidents have occurred.
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REGISTERED SUPPORT / OPPOSITION :
Support
Unknown
Opposition
Unknown
Analysis prepared by : John Stevens / atrns / (916)445-8800
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