BILL NUMBER: AB 1235 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
INTRODUCED BY Assembly Member Gordon
FEBRUARY 22, 2013
An act to add Article 2.45 (commencing with Section 53236) to
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1235, as amended, Gordon. Local agencies: financial management
training.
Existing law provides for the establishment and operations of
cities, counties, cities and counties, districts, and other local
government agencies, the composition of their governing bodies, and
the payment of governing body members for attending meetings and
performing other duties, and prescribes conflicts of interest.
Existing law requires that all local agency officials, as specified,
receive ethics training.
This bill would require that a local
agency official, in local agency service as of January 1, 2014, or
thereafter, except for an official whose term of office ends before
January 1, 2015, to receive training in financial management if
a the local agency provides any type
of compensation, salary, or stipend to, or reimburses the expenses
of, a member of the a legislative
body, all local agency officials, except a member whose term
of office ends before January 1, 2015, in local agency service as of
January 1, 2014, or thereafter receive training in financial
management, as specified. This body. The bill
would provide that if any entity develops criteria for the financial
management training, then the Treasurer's office and the Controller's
office shall be consulted regarding any proposed course content. The
bill would declare that the edification of local government
officials in financial management is a matter of statewide concern,
thus making it applicable to charter cities, charter counties, and
charter cities and counties. Because this the
bill would impose new duties on local governments, it would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2.45 (commencing with Section 53236) is added
to Chapter 2 of Part 1 of Division 2 of Title 5 of the Government
Code, to read:
Article 2.45. Financial Management Training
53236. For the purposes of this article, the following terms have
the following meanings:
(a) "Legislative body" has the same meaning as specified in
subdivision (a) of Section 54952.
(b) "Local agency" means a city, county, city and county, charter
city, charter county, charter city and county, or special district.
(c) "Local agency official" means either of the following:
(1) Any member of a local agency legislative body or any elected
local agency official who receives any type of compensation, salary,
or stipend or reimbursement for actual and necessary expenses
incurred in the performance of official duties.
(2) Any employee designated by a local agency legislative body to
receive the training specified under this article.
(d) "Financial management training" includes, but is not limited
to, the following:
(1) Laws and commonly excepted accepted
best practices relating to local budgeting, including, but not
limited to, revenue sources, debt instruments, budget monitoring, and
financial policies.
(2) Laws relating to financial reporting requirements for local
agencies at the local, state, and federal levels, including auditing
requirements.
(3) Laws and commonly accepted best practices relating to
long-term financial planning, cash management, and investments, for
local agencies.
(4) Laws and commonly accepted best practices relating to capital
financing and debt management.
(5) Laws relating to purchasing and contracting practices.
53237. (a) If a local agency provides any type of compensation,
salary, or stipend to a member of a legislative body, or provides
reimbursement for actual and necessary expenses incurred by a member
of a legislative body in the performance of official duties, then all
local agency officials shall receive training in financial
management pursuant to this article.
(b) Each official subject to the requirements of subdivision (a)
shall receive training in general financial management principles and
financial management laws relevant to his or her public service once
per term of office.
(c) If any entity develops curricula to satisfy the requirements
of this section, then the Treasurer's office and the Controller's
office shall be consulted regarding the sufficiency and accuracy of
any proposed course content. When reviewing any proposed course
content content, the Treasurer's office
and the Controller's office shall not preclude an entity from also
including local financial management policies in the curricula.
(d) A local agency or an association of local agencies may offer
one or more training courses, or sets of self-study materials with
tests, to meet the requirements of this section. These courses may be
taken at home, in-person, or online.
(e) All providers of training courses to meet the requirements of
this article shall provide participants with proof of participation
to meet the requirements of Section 53237.2.
(f) A local agency shall provide information on training available
to meet the requirements of this article to its local officials at
least once annually.
53237.1. (a) Each local agency official in local agency service
as of January 1, 2014, except for officials whose term of office ends
before January 1, 2015, shall receive the training required by
subdivision (a) of Section 53237 before January 1, 2015. Thereafter,
each local agency official shall receive the training required by
subdivision (a) of Section 53237 at least once per term of office.
(b) Each local agency official who commences service with a local
agency on or after January 1, 2014, shall receive the training
required by subdivision (a) of Section 53237 no later than one year
from the first day of service with the local agency. Thereafter, each
local agency official shall receive the training required by
subdivision (a) of Section 53237 at least once per term of office.
(c) A local agency official who serves more than one local agency
shall satisfy the requirements of this article once per term of
office of one of the agencies without regard to the number of local
agencies with which he or she serves.
53237.2. (a) A local agency that requires its local agency
officials to complete the financial management training prescribed by
this article shall maintain records indicating both of the
following:
(1) The dates that local officials satisfied the requirements of
this article.
(2) The entity that provided the training.
(b) Notwithstanding any other law, a local agency shall maintain
these records for at least five years after local officials receive
the training. These records are public records subject to disclosure
under the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1).
SEC. 2. The Legislature finds and declares that the edification of
local government officials in financial management is a matter of
statewide concern and not merely a municipal affair, as that term is
used in Section 5 of Article XI of the California Constitution.
Therefore, this act shall apply to charter cities, charter counties,
and charter cities and counties.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.