BILL NUMBER: AB 1135	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Strickland

                        FEBRUARY 23, 2007

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1135, as introduced, Strickland. State government: reports:
declarations.
   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 any of these written reports required to
be submitted by any state agency, board, or commission, local
governmental entity, school district, and special district, and
specified reports required to be submitted to the Controller by any
city, county, city and county, or transit district, to include a
signed statement by the head of the agency, the chair of the board or
commission, or the officer of the local agency, except as specified,
declaring that the contents of the 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. By
imposing new duties on local officials, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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 provision of law, every
written report, as defined in paragraph (2) of subdivision (a) of
Section 7550.5, required to be submitted to the Legislature by any
state agency, board, or commission, local governmental entity, school
district, and special district shall include a signed statement by
the head of that agency, entity, or district, 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) In the case of a board or commission whose chair is subject to
paragraph (1), as described in subdivision (b), if the board or
commission has an executive officer or executive director, the signed
statement described in paragraph (1) shall be made by the executive
officer or executive director.
   (3) 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) applies to the head of every
state agency, board, or commission, local governmental entity, school
district, and special district, including, but not limited to,
elected officials of state and local government, and any state
official whose duties are prescribed by the California Constitution.
   (c) Notwithstanding any other provision of law, every written
report required to be submitted to the Controller pursuant to the
following provisions shall include a signed statement by the officer
of the local agency, declaring that the contents of the report are
true, accurate, and complete to the best of his or her knowledge:
   (1) Reports submitted by a city, county, city and county, or
transit district pursuant to Section 53891.
   (2) Reports submitted by a city, county, or city and county
pursuant to Section 2151 of the Streets and Highways Code.
   (3) Reports submitted by a transit district pursuant to Sections
99243 and 99406 of the Public Utilities Code.
   (d) 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 in the name of the
people of the State of California in any court of competent
jurisdiction by the Attorney General.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.