BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 480
                                                                  Page  1

          Date of Hearing:   April 21, 2009

                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
                                 Mary Hayashi, Chair
                     AB 480 (Tran) - As Amended:  April 14, 2009
           
          SUBJECT  :   Bond acts: auditing.

           SUMMARY  :   Requires any state bond measure approved by the  
          voters on or after January 1, 2010, to include auditing  
          provisions with respect to the use of any bond money.   
          Specifically,  this bill  : 

          1)Authorizes the Bureau of State Audits (BSA) to conduct  
            periodic or quarterly audits to ensure that bond proceeds are  
            awarded in a timely manner and that recipients of bond moneys  
            use the funds in compliance with applicable provisions of law.

          2)Requires reimbursement of costs associated with the audit from  
            bond proceeds. 

           EXISTING LAW  

          1)Contains, in the State General Obligation Bond Law, procedures  
            for use in authorizing the issuance and sale and providing for  
            the repayment of state general obligation bonds. 

          2)Requires any state general obligation bond measure to be  
            subject to the making, at least annual, of a specified report,  
            by the head of the lead state agency administering the bond  
            proceeds, to the Legislature and the Department of Finance. 

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           Purpose of the bill  .  According to the author's office, "AB 480  
          is a simple bill stating that any state bond placed on a ballot  
          must include auditing provisions.  This bill seeks to ensure  
          that California voters can remain confident that the bonds they  
          are authorizing the state to sell to generate revenue for a  
          specific project, are utilized for that project.  This is a  
          common sense measure that will ensure the use of bond monies is  
          transparent and as intended." 









                                                                  AB 480
                                                                  Page  2

           Background  . The California State Auditor is the State's  
          independent external auditor that provides independent,  
          nonpartisan, accurate, and timely assessments of California  
          government's financial and operational activities in compliance  
          with generally accepted government auditing standards.  The  
          California State Auditor's Office reports its findings to the  
          legislature and recommends actions to improve government  
          operations.

          In recent elections, voter-approved bond initiatives with  
          auditing provisions have largely been unfunded mandates.  The  
          BSA receives federal funding for federally mandated audits and  
          state funding for state-mandated audits or through Joint  
          Legislative Audit Committee audits, but with limited funding,  
          the BSA can perform audits subject to available funding or by  
          prioritizing high-risk areas to audit. 

           Support  .  According to the California Taxpayer's Association,  
          this bill "will require greater accountability in how taxpayer  
          money.  This bill would provide necessary oversight, giving  
          Californians more confidence that the bond money they have  
          authorized is indeed going for its intended use." 

           Prior Legislation  .  AB 1544 (McCarthy) of 2005 requires that any  
          state or local bond measure in this state that is placed on the  
          ballot for approval by the voters contain auditing provisions  
          with respect to the use of any bond money that would be spent  
          for the purposes of the bond measure.  The bill died at the  
          Assembly Desk.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Taxpayer's Association
          
          Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Joanna Gin / B. & P. / (916) 319-3301