AB 1566, as introduced, Wilk. Reports.
Existing law generally sets out the requirements for the submission of written reports by public agencies to the Legislature, the Governor, the Controller, and state legislative and other executive entities.
This bill would require a written report, as defined, submitted by any state agency or department to the Legislature, a Member of the Legislature, or any state legislative or executive body to include a signed statement by the head of the agency or department declaring that the factual contents of the written report are true, accurate, and complete to the best of his or her knowledge.
This bill would also make any person who declares as true any material matter pursuant to these provisions that he or she knows to be false liable for a civil penalty not to exceed $20,000.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 7550.7 is added to the Government Code,
2to read:
(a) (1) Notwithstanding any other law, a written report
2submitted to the Legislature, a Member of the Legislature, or any
3state legislative or executive body by any state agency or
4department shall include a signed statement by the head of that
5agency or department declaring that the factual contents of the
6report are true, accurate, and complete to the best of his or her
7knowledge.
8(2) With respect to the Franchise Tax Board, the signed
9statement described in paragraph (1) shall be made by the executive
10officer of that board, and with respect to the State Board of
11Equalization, the statement shall be made by the executive director
12of that board.
13(b) Paragraph (1) of subdivision (a) shall apply to the head of
14every state agency or department, including, but not limited
to,
15elected officials of state government, and any state official whose
16duties are prescribed by the California Constitution.
17(c) For purposes of this section, a “written report” is either of
18the following:
19(1) A document required by statute to be prepared and submitted
20to the Legislature, or any state legislative or executive body.
21(2) A document, summary, or statement requested by a Member
22of the Legislature.
23(d) The declaration in the signed statement as to the truth,
24accuracy, and completeness of the factual contents of the written
25report shall not apply to any forecasts, predictions,
26recommendations, or opinions contained in the written report.
27(e) Any person who declares as true any material matter pursuant
28to this section that he or she knows to be false shall be liable for
29a civil penalty not to exceed twenty thousand dollars ($20,000).
30The civil penalties
provided for in this section shall be exclusively
31assessed and recovered in a civil action brought in the name of the
32people of the State of California in any court of competent
33jurisdiction by the Attorney General.
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