BILL NUMBER: AB 1135 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2007
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 amended, 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, or
department 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 or department ,
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 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 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 any state agency or department shall include
a signed statement by the head of that agency ,
entity, or district, or chair of the board or commission,
or department 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)
(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) applies to the head of every
state agency , board, or commission, local governmental
entity, school district, and special district or
department , 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)
(c) 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.