BILL ANALYSIS
GOVERNMENT MODERNIZATION, EFFICIENCY AND ACCOUNTABILITY
Senator Liz Figueroa, Chair
2005-2006 Regular Session
AB 1625 A
Assembly Member Klehs B
Version: April 25, 2005
Hearing Date: June 15, 2005 1
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Consultant: Vincent D. Marchand 2
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SUBJECT : State government: reports: perjury.
SUMMARY: Requires written reports that are submitted to
the Legislature by a state agency to include a signed
statement by the head of that agency, declaring under
penalty of perjury that the contents of the report are
true, accurate, and complete to the best of his or her
knowledge.
EXISTING LAW :
1)Defines "written report," for purposes of provisions of
law relating to providing reports by public agencies to
the Legislature and the Governor, as a document that a
statute requires to be prepared and submitted to the
Legislature, the Governor, or any state legislative or
executive body.
2)Contains numerous requirements for written reports to be
submitted to the Legislature.
THIS BILL :
1)Requires every written report, as defined, that is
required to be submitted to the Legislature by any state
agency, board, or commission, to include a signed
statement by the head of that agency, or chair of the
board or commission, declaring under penalty of perjury
that the contents of the report are true, accurate, and
complete to the best of his or her knowledge.
(more)
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2)Limits the above requirement only to those individuals
appointed by the Governor and confirmed by the Senate,
and prohibits this bill from being construed to apply to
any elected official of the state, or any official whose
duties are prescribed by the California Constitution.
3)Requires the signed statement to be made by the executive
officer with respect to the Franchise Tax Board, and by
the executive director with respect to the Board of
Equalization.
FISCAL EFFECT : Unknown.
COMMENTS :
1)Purpose of this bill. According to the author, the
purpose of requiring reports to be signed under penalty
of perjury is to ensure that the Legislature and other
relevant agencies receive accurate and trustworthy
information, so that they can be effective in making
decisions. In response to the financial scandals of the
past few years, Congress passed the Sarbanes-Oxley Act of
2002. This federal law requires CEOs to sign reports to
company shareholders under penalty of perjury. The
author states that during the Joint Legislative Audit
Committee hearing to review the audit on the Bay Bridge
project, it was found that CalTrans and other agency
heads had withheld information from the Legislature or
misrepresented certain facts, such as cost overruns and
evidence of project mismanagement. According to the
author, this bill would ensure that agency officials are
held accountable when giving testimony and submitting
reports to the State Legislature.
2)Oppose unless amended. The Board of Behavioral Sciences
(Board) opposes this bill, stating that the Board's chair
is not routinely involved in the board's ongoing
operations, and therefore it would not be fair to require
the chair to sign such reports under penalty of perjury.
The Board states that its executive officer is involved
and responsible for the board's ongoing operations and
would be better suited to signing such reports under
penalty of perjury.
The Board has suggested an amendment that would include
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"executive officer" along with this bill's requirement
that the written report be signed under penalty of
perjury by the "head of that agency, or chair of the
board or commission," which would have the affect of
permitting those state agencies that have an executive
officer in addition to a chairperson to have the option
of having the report signed by either one.
3)Double-Referred to Public Safety. This bill has been
double-referred to Senate Public Safety Committee, where
the bill will be referred if it is approved by this
committee.
Support:
None on file
Opposition:
Board of Behavioral Sciences (unless amended)
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