Amended in Assembly March 1, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1566

Introduced by Assembly begin delete Member end delete begin insert Members end insert Wilk begin insert and Patterson end insert

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(Principal coauthor: Senator Vidak)

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(Coauthors: Assembly Members Baker, Brough, Beth Gaines, Gallagher, Hadley, Lackey, Mathis, and Steinorth)

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January 4, 2016

An act to add Section 7550.7 to the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1566, as amended, 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 1.  

Section 7550.7 is added to the Government Code,
to read:

7550.7.  

(a) (1) Notwithstanding any other law, a written report
submitted to the Legislature, a Member of the Legislature, or any
state legislative or executive body by any state agency or
department shall include a signed statement by the head of that
agency or department declaring that the factual contents of the
report are true, accurate, and complete to the best of his or her
knowledge.

(2) With respect to the Franchise Tax Board, the signed
statement described in paragraph (1) shall be made by the executive
officer of that board, and with respect to the State Board of
Equalization, the statement shall be made by the executive director
of that board.

(b) Paragraph (1) of subdivision (a) shall apply to the head of
every state agency or department, including, but not limited to,
elected officials of state government, and any state official whose
duties are prescribed by the California Constitution.

(c) For purposes of this section, a “written report” is either of
the following:

(1) A document required by statute to be prepared and submitted
to the Legislature, or any state legislative or executive body.

(2) A document, summary, or statement requested by a Member
of the Legislature.

(d) The declaration in the signed statement as to the truth,
accuracy, and completeness of the factual contents of the written
report shall not apply to any forecasts, predictions,
recommendations, or opinions contained in the written report.

(e) Any person who declares as true any material matter pursuant
to this section that he or she knows to be false shall be liable for
a civil penalty not to exceed twenty thousand dollars ($20,000).
The civil penalties provided for in this section shall be exclusively
assessed and recovered in a civil action brought begin insert by the Attorney
General end insert in the name of the people of the State of California in any
court of competent begin delete jurisdiction by the Attorney General. end delete
begin insert jurisdiction. end insert