BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1625|
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THIRD READING
Bill No: AB 1625
Author: Klehs (D)
Amended: 7/13/05 in Senate
Vote: 21
SENATE GOV. MOD., EFF. & ACCT. COMMITTEE : 8-0, 6/15/05
AYES: Figueroa, Ashburn, Bowen, Campbell, Ducheny, Kuehl,
McClintock, Murray
NO VOTE RECORDE: Dutton, Florez
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 6/28/05
AYES: Alquist, Cedillo, Migden, Romero
NOES: Poochigian, Margett
NO VOTE RECORDED: Perata
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 46-28, 5/19/05 - See last page for vote
SUBJECT : State government: reports: declarations
SOURCE : Author
DIGEST : This bill requires written reports that are
submitted to the Legislature by a state agency to include a
signed statement by the head of that agency, chair of the
board or commission or specified officers of certain boards
or commission declaring subject to a misdemeanor that the
contents of the report are true, accurate, and complete to
the best of his or her knowledge.
CONTINUED
AB 1625
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ANALYSIS :
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 that the contents of the
report are true, accurate, and complete to the best of
his or her knowledge.
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.
4. Any person who declares as true any material matter
pursuant to this section that he or she knows to be false
is guilty of a misdemeanor, punishable by a fine not
exceeding five thousand dollars by imprisonment in a
county jail not exceeding six months or by both.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
AB 1625
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SUPPORT : (Verified 8/23/05)
American Federation of State, County & Municipal Employees
ARGUMENTS IN SUPPORT : According to the author's office,
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 the Department of Transportation 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.
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Berg, Bermudez, Canciamilla,
Chan, Chu, Cohn, Coto, De La Torre, Dymally, Evans,
Frommer, Goldberg, Hancock, Jerome Horton, Jones,
Karnette, Klehs, Koretz, Laird, Leno, Levine, Lieber,
Matthews, Montanez, Mullin, Nation, Nava, Negrete McLeod,
Oropeza, Parra, Pavley, Ridley-Thomas, Ruskin, Saldana,
Salinas, Strickland, Torrico, Tran, Umberg, Vargas, Wolk,
Yee, Nunez
NOES: Aghazarian, Blakeslee, Bogh, Cogdill, Daucher,
DeVore, Emmerson, Harman, Haynes, Shirley Horton,
Houston, Huff, Keene, La Malfa, La Suer, Leslie, Maze,
McCarthy, Mountjoy, Nakanishi, Niello, Plescia, Richman,
Sharon Runner, Spitzer, Villines, Walters, Wyland
NO VOTE RECORDED: Benoit, Calderon, Chavez, Garcia,
Gordon, Liu
JJA:do 8/24/05 Senate Floor Analyses
AB 1625
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SUPPORT/OPPOSITION: SEE ABOVE
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