BILL ANALYSIS
AB 1625
Page 1
GOVERNOR'S VETO
AB 1625 (Klehs)
As Amended July 13, 2005
2/3 vote
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|ASSEMBLY: |46-28|(May 19, 2005) |SENATE: |29-7 |(August 29, |
| | | | | |2005) |
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|ASSEMBLY: |49-30|(August 31, | | | |
| | |2005) | | | |
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Original Committee Reference: B. & P.
SUMMARY : Requires every written state agency report to the
Legislature to be signed under penalty of perjury by the head of
the agency that the contents of the report are true, accurate,
and complete to the best of his or her knowledge.
The Senate amendments :
1)Clarify that executive officers of boards and commissions
shall be subject to the provisions of this bill.
2)Make violations of this bill subject to misdemeanor penalties
up to $5,000, imprisonment in a county jail for up to six
months, or both.
EXISTING LAW establishes numerous requirements for state
agencies to prepare and submit written reports on various
subject matters to the Legislature.
AS PASSED BY THE ASSEMBLY , this bill required every written
state agency report to the Legislature to be signed under
penalty of perjury by the head of the agency that the contents
of the report are true, accurate, and complete, but did not
establish misdemeanor penalties for violating these provisions.
AB 1625
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FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, potential minor, absorbable costs to the
Attorney General and potential nonreimbursable costs to local
prosecutors for investigation and prosecution of alleged
violations. Further potential, minor, costs to the General Fund
for incarceration resulting from a perjury conviction.
COMMENTS : This bill is substantially similar to the version of
this bill previously passed by the Assembly.
GOVERNOR'S VETO MESSAGE :
I absolutely believe that the Legislature, indeed all
elected officials, must base their decisions on
information that is true, accurate, and complete.
This bill, requiring legislative reports be submitted
under penalty of perjury, only applies to individuals
appointed by the Governor and confirmed by the Senate,
and to the executive officer of the Franchise Tax
Board and the executive director of the Board of
Equalization.
The law already protects against falsified reports to
the Legislature. Department heads must take oaths of
office, and various Government and Penal Code
provisions set forth duties, obligations, and
penalties for the accurate and truthful execution of
the operation of state government. Further, the
Legislature may already require individuals appearing
before it to testify under oath, and false testimony
is a felony.
I will consider similar legislation that applies to
all written materials used in the course of
legislative deliberations that applies to any official
of the State, elected or appointed by the Governor,
the Legislature or any other constitutional officer.
Analysis Prepared by : Ross Warren / B. & P. / (916) 319-3307
AB 1625
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FN: 0013473