BILL ANALYSIS
AB 1135
Page 1
GOVERNOR'S VETO
AB 1135 (Strickland)
As Amended July 3, 2007
2/3 vote
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|ASSEMBLY: |72-0 |(May 21, 2007) |SENATE: |35-2 |(September 4, |
| | | | | |2007) |
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|ASSEMBLY: |73-1 |(September 5, | | | |
| | |2007) | | | |
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Original Committee Reference: B. & P.
SUMMARY : Requires written reports from the Executive Branch of
state government to the Legislature to include a signed
statement under penalty of perjury by the head of the agency
that the factual contents of the report are true, accurate, and
complete, to the best of his/her knowledge.
The Senate amendments :
1)Define "written report" to mean any document required by
statute to be prepared for the Legislature, or upon request of
a Member of the Legislature.
2)State that 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 predictions, forecasts,
recommendations, or opinions contained in the written report.
EXISTING LAW establishes numerous requirements for state and
local government agencies to prepare and submit to the
Legislature, the Governor, and other governmental entities,
written reports on various subject matters of interest to
policymakers and regulatory entities.
AB 1135
Page 2
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the bill as passed by the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential, likely minor, absorbable costs to the
Attorney General for investigation and prosecution, offset to
some extent by fine revenue.
COMMENTS : According to the author: "This bill would ensure
that all agencies, cities, counties, and the officials in charge
of them are held accountable to the same standards. In
addition, the bill would bring state agency certification in
line with what public companies are already required to do by
federal law - remain accountable to their shareholders in
providing accurate financial information. California taxpayers
are the shareholders in state and local entities. They deserve
the same accountability from the officials appointed to manage
public funds."
This bill contains provisions similar to AB 1625 (Klehs) of 2005
and AB 2404 (Klehs) of 2006, both of which were vetoed by the
Governor.
GOVERNOR'S VETO MESSAGE :
This bill requires written reports submitted to the
Legislature to include a signed statement by the head
of the agency or department that the contents of the
report are true, accurate, and complete.
As I stated when I vetoed similar legislation last
year, I agree that the Legislature should base their
decisions on sound information that is true, accurate
and complete. To that end, I noted that state law
already makes it a misdemeanor for a state or local
official to submit a written report containing false
information to the State Controller. Further, the
Legislature already has the authority to question the
accuracy of any information presented to it.
AB 1135
Page 3
Finally, this bill would create an inconsistent system
in which some of the information submitted by the
Administration is subject to declarations of truth
while all other information used in the legislature's
deliberative process is not.
Analysis Prepared by : Ross Warren / B. & P. / (916) 319-3301
FN: 0003675