BILL NUMBER: AB 1135 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 13, 2007
AMENDED IN ASSEMBLY APRIL 17, 2007
INTRODUCED BY Assembly Member Strickland
( Principal coauthor: Assembly Member
Spitzer )
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 a written report, as defined,
submitted by any state agency or department to the Legislature,
a Member of the Legislature, or any state legislative or executive
body to include a signed statement by the head of the agency or
department , except as specified, declaring that
the factual contents of the written 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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 a written report submitted to the
Legislature, a Member of the Legislature, or any state legislative or
executive body by any state agency or department shall include
a signed statement by the head of that agency or department
declaring that the factual contents of the report are
true, accurate, and complete to the best of his or her knowledge.
(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 or department, including, but not limited to, elected
officials of state government, and any state official whose duties
are prescribed by the California Constitution.
(c) For purposes of this section, a "written report" is either of
the following:
(1) A document required by statute to be prepared and submitted to
the Legislature, or any state legislative or executive body.
(2) A document, summary, or statement requested by a Member of the
Legislature.
(d) The declaration in the signed statement as to the truth,
accuracy, and completeness of the factual contents of the written
report shall not apply to any predictions, forecasts,
recommendations, or opinions contained in the written report.
(c)
(e) 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.