BILL NUMBER: AB 1993 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Audra Strickland
FEBRUARY 17, 2010
An act to add Section 7550.7 to the Government Code, relating to
state reports.
LEGISLATIVE COUNSEL'S DIGEST
AB 1993, as amended, Audra 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 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 any entity submitting a written report to
the Legislature, a Member of the Legislature, or a committee of the
Legislature to include a signed statement by the head of the entity
submitting the written report 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 law, 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.
7550.7. (a) (1) Notwithstanding any other law,
any entity submitting a written report to the Legislature, a Member
of the Legislature, or a committee of the Legislature shall include a
signed statement by the head of the entity submitting the written
report declaring that the factual contents of the written 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) shall apply to the head of
every state agency or department entity
submitting a written report , 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. to the Legislature, a Member of the Legislature,
or a committee of the Legislature.
(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 forecasts, predictions,
recommendations, or opinions contained in the written report.
(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.