BILL NUMBER: SB 911 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 10, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE APRIL 4, 2011
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator De León
(Coauthors: Assembly Members Blumenfield and Portantino)
FEBRUARY 18, 2011
An act to amend Section 15280 of the Education Code, and
to amend Section 53411 of , and to add Section 53411.5
to, the Government Code, relating to local agency finance.
LEGISLATIVE COUNSEL'S DIGEST
SB 911, as amended, De León. Local agency bonds: reports.
(1) Existing
Existing law requires the chief fiscal officer of a
local agency issuing bonds to file an annual report with the
governing body of the local agency with respect to the amount of
funds collected and expended generally, and the status of any project
required or authorized to be funded from the proceeds of the bonds.
This bill would additionally require the report to
include a bond fund transparency component, to include specified
information for each expenditure of bond proceeds in excess of
$5,000. This bill would require this information to also be posted on
the agency's Internet Web site , after January 1,
2012, require the chief fiscal officer of a local agency issuing
bonds to file the report with its governing body no later than 60
days after the close of the agency's fiscal year . This bill
would provide that failure to submit the report on time shall result
in a suspension of bond proceeds until the report is submitted.
(2) Existing law requires that if a bond measure that provides
financing for certain types of school facilities is approved by
voters, then the governing board of a school district or community
college shall establish a citizens oversight committee. Existing law
requires the citizen oversight committee to issue a report on its
activities at least once a year.
This bill would provide that if the citizens oversight committee
fails to issue a report at least once a year, no bond proceeds may be
expended until a report is issued.
This bill would require an issuing local agency, upon request for
information about any expenditure of bond proceeds in excess of
$5,000, or expenditures that in the aggregate exceed that amount, to
make specified information available with respect to that expenditure
or those expenditures.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
measure to provide greater transparency and accountability in the
bond financing process, so the public can readily review how the
proceeds of taxpayer-authorized bonds are spent.
SEC. 2. Section 15280 of the Education Code is
amended to read:
15280. (a) The governing board of the district shall, without
expending bond funds, provide the citizens' oversight committee with
any necessary technical assistance and shall provide administrative
assistance in furtherance of its purpose and sufficient resources to
publicize the conclusions of the citizens' oversight committee.
(b) All committee proceedings shall be open to the public and
notice to the public shall be provided in the same manner as the
proceedings of the governing board. The citizens' oversight committee
shall issue regular reports on the results of its activities. A
report shall be issued at least once a year. Minutes of the
proceedings of the citizens' oversight committee and all documents
received and reports issued shall be a matter of public record and be
made available on an Internet Web site maintained by the governing
board.
(c) If the citizens oversight committee fails to issue a report at
least once a year pursuant to subdivision (b), no bond proceeds may
be expended until a report is issued.
SEC. 3. SEC. 2. Section 53411 of the
Government Code is amended to read:
53411. The chief fiscal officer of the issuing local agency shall
file a report with its governing body no later than January 1, 2002,
and at least once a year thereafter. After January 1, 2012, the
chief fiscal officer of the issuing local agency shall file the
report with its governing body no later than 60 days after the close
of the agency's fiscal year. Failure to file the report by the
annual deadline shall result in a suspension in the expenditure of
bond proceeds until the report is submitted. The annual report shall
contain all both of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded
as identified in subdivision (a) of Section 53410.
(c) (1) A bond fund transparency component, including all of the
following information for each expenditure of bond proceeds in excess
of five thousand dollars ($5,000):
(A) The name and principal location of each recipient of funds.
(B) The amount of the expenditure.
(C) The type of transaction.
(D) The identity of the local agency or authorized entity making
the expenditure.
(E) The funding source for the expenditure.
(F) A brief description of any item or service purchased pursuant
to the expenditure.
(2) This information shall also be posted on the agency's Internet
Web site in a format accessible to the public.
(3) This subdivision shall not be construed to require the
disclosure of information deemed confidential or otherwise exempt
from disclosure under state or federal law.
SEC. 3. Section 53411.5 is added to the
Government Code , to read:
53411.5. (a) An issuing local agency, upon request for
information about any expenditure of bond proceeds in excess of five
thousand dollars ($5,000), or expenditures that in the aggregate
exceed that amount, shall make all of the following information
promptly available for each expenditure of bond proceeds in excess of
five thousand dollars ($5,000) that is subject to the request:
(1) The name and principal location of each recipient of funds.
(2) The amount of the expenditure.
(3) The type of transaction.
(4) The identity of the local agency or authorized entity making
the expenditure.
(5) The funding source for the expenditure.
(6) A brief description of any item or service purchased pursuant
to the expenditure.
(b) This section shall not be construed to require the disclosure
of information deemed confidential or otherwise exempt from
disclosure under state or federal law.