BILL NUMBER: SB 501 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 12, 2010
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Correa
( Principal coauthor: Assembly Member
De La Torre )
( Coauthors: Assembly Members
Caballero, Gatto, Norby,
Portantino, Smyth, and Torres )
FEBRUARY 26, 2009
An act to amend Section 8869.85 of the Government Code,
relating to government bonds. An act to add Section
53060.2 to the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 501, as amended, Correa. California Debt Limit
Allocation Committee. Local government: compensation
disclosure.
Existing law provides for the compensation of local government
officers and employees, as specified.
This bill would require officers and designated employees, as
defined, to annually file a compensation disclosure form, as
specified. This bill would require the Secretary of State to develop
the form, which would provide for the disclosure of, among other
things, salaries and stipends and reimbursements received by the
officer or designated employee, and the employer's cost of providing
benefits. This bill would also require a county, city, city and
county, school district, special district, or joint powers agency
that maintains an Internet Web site to post the information contained
on the filed form on that Internet Web site, as specified. The bill
would authorize a district attorney or any interested person to
commence an action by mandamus to enforce the provisions of the bill,
as specified.
The bill would express a legislative finding and declaration that,
to ensure the statewide integrity of local government, disclosure of
compensation paid to officers and designated employees is an issue
of statewide concern and not a municipal affair and that, therefore,
all cities, including charter cities, would be subject to the
provisions of the bill.
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.
Existing law requires the California Debt Limit Allocation
Committee to allocate to authorized state and local agency applicants
the volume ceiling for private activity bonds, as defined, that can
be issued in California in accordance with federal law.
This bill would authorize the committee to allow a local agency
located within a county that has not applied to the committee for all
or a portion of its unapplied for, or otherwise unassigned,
allocation during any calendar year, to apply for all or a portion of
the allocation for which that county would have been eligible had it
applied. The bill would require the committee to award the
allocation on a per capita proportionate basis, if there is more than
one applicant.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53060.2 is added to the
Government Code , to read:
53060.2. (a) For purposes of this section, the following terms
have the following meanings:
(1) "City" means a general law city or a charter city.
(2) "Designated employee" means a designated employee of a county,
city, city and county, school district, special district, or joint
powers agency formed pursuant to the Joint Exercise of Powers Act
(Chapter 5 (commencing with Section 6500) of Division 7 of Title 1)
who is required to file a statement of economic interests pursuant to
Chapter 7 (commencing with Section 87100) of Title 9.
(3) "Officer" means an elected or appointed officer of a county,
city, city and county, school district, special district, or joint
powers agency formed pursuant to the Joint Exercise of Powers Act
(Chapter 5 (commencing with Section 6500) of Division 7 of Title 1)
who is required to file a statement of economic interests pursuant to
Chapter 7 (commencing with Section 87100) of Title 9.
(b) Each officer or designated employee shall annually file a
compensation disclosure form that provides compensation information
for the preceding year, pursuant to this section. The annual filing
deadline for a compensation disclosure form shall be the same as the
filing deadline established for annual statements of economic
interest, pursuant to Sections 87203 and 87302.
(c) (1) An officer or designated employee shall file his or her
compensation disclosure form with the same office that receives that
officer's or designated employee's statement of economic interest
pursuant to Section 87500. The office receiving the compensation
disclosure form shall make and retain a copy and return the original
to the officer or designated employee.
(2) If the county, city, city and county, school district, special
district, or joint powers agency maintains an Internet Web site, it
shall post the information contained on the filed compensation
disclosure form on that Internet Web site.
(d) The compensation disclosure form, which shall be developed by
the Secretary of State, shall, at a minimum, provide for the
disclosure of each of the following by an officer and a designated
employee:
(1) Salaries and stipends paid.
(2) Reimbursements received for expenses.
(3) The employer's cost of providing benefits.
(4) Any other monetary or nonmonetary perquisites provided.
(e) The items disclosed pursuant to subdivision (d) shall also
include any items received by an officer or designated employee as a
result of membership with, or employment by, any local agency,
municipal corporation, public benefit corporation, or community
redevelopment agency, if the membership of the officer's or
designated employee's governing body is sufficient in number to
constitute a quorum or a majority of the governing body membership of
the local agency, municipal corporation, public benefit corporation,
or community redevelopment agency.
(f) The compensation disclosure form filed pursuant to this
section is a public record for purposes of the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1), and shall be provided to a person, upon request,
pursuant to Section 6253.
(g) (1) The district attorney or any interested person may
commence an action by mandamus or injunction to compel an officer,
designated employee, county, city, city and county, school district,
special district, or joint powers agency to comply with the
requirements of this section. Nothing in this section shall be
construed to prevent an officer, designated employee, county, city,
city and county, school district, special district, or joint powers
agency from curing or correcting an action challenged pursuant to
this section.
(2) Prior to any action being commenced pursuant to this
subdivision, the district attorney or interested person shall make a
demand of the officer, designated employee, county, city, city and
county, school district, special district, or joint powers agency to
cure or correct the action alleged to have been taken in violation of
this section. The demand shall be in writing and clearly describe
the nature of the alleged violation.
(3) Within 30 days of receipt of the demand, the officer,
designated employee, county, city, city and county, school district,
special district, or joint powers agency shall cure or correct the
alleged violation or inform the demanding party in writing of its
decision not to cure or correct the alleged violation.
(4) Within 15 days of receipt of the written notice of the
decision to cure or correct an alleged violation, or not to cure or
correct, or within 15 days of the expiration of the 30-day period to
cure or correct, whichever is earlier, the demanding party shall be
required to commence the action pursuant to this subdivision or
thereafter be barred from commencing the action.
(5) If the officer, designated employee, county, city, city and
county, school district, special district, or joint powers agency
takes no action within the 30-day period, the inaction shall be
deemed a decision not to cure or correct the alleged violation, and
the 15-day period to commence the action described in paragraph (1)
shall commence to run the day after the 30-day period to cure or
correct expires.
(6) During any action seeking a judicial determination pursuant to
this subdivision if the court determines, pursuant to a showing that
an alleged violation has been cured or corrected by a subsequent
action, the action filed pursuant to this subdivision shall be
dismissed with prejudice.
SEC. 2. In enacting this act, the Legislature
finds and declares that the disclosure of compensation paid to
officers and designated employees furthers the intent and purposes of
Section 3 of Article I of the California Constitution which declares
that the people have the right of access to information concerning
the conduct of the people's business.
SEC. 3. The Legislature finds and declares that
the fiscal integrity and stability of local governmental agencies in
this state, including charter cities, has a direct impact on the
long-term well-being of all the residents of this state. The
likelihood of businesses locating to or staying in the state is
affected by the perception of a functioning, transparent, and
practical governmental structure in the local governmental bodies in
California. Therefore, the Legislature finds and declares that to
ensure the statewide integrity of local government, the disclosure of
compensation paid to officers and designated employees is an issue
of statewide concern and not a municipal affair, as that term is used
in Section 5 of Article XI of the California Constitution.
Therefore, this act shall apply to all cities, including charter
cities.
SEC. 4. 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.
SECTION 1. Section 8869.85 of the Government
Code is amended to read:
8869.85. (a) Each state agency shall apply to the committee for
allocation of a portion of the state ceiling, supplying any
information which the committee may require. The application may be
for a specific project, or it may be for a designated dollar amount,
to be utilized for projects or programs at the discretion of the
state agency. No private activity bonds issued by any state agency
shall be deemed to receive the benefit of any portion of the state
ceiling unless the committee has allocated or permitted the transfer
of a portion of the state ceiling to the state agency. The allocation
may be on any terms and conditions as the committee may determine.
(b) (1) Any local agency may apply to the committee for an
allocation of a portion of the state ceiling, supplying any
information which the committee may require. Applications from local
agencies may only be for specific projects or programs. No private
activity bond issued by a local agency shall be deemed to receive the
benefit of any portion of the state ceiling unless the committee has
allocated or permitted the transfer of a portion of the state
ceiling to the local agency. The allocation may be upon any terms and
conditions as the committee may determine.
(2) (A) The committee may allow a local agency located within a
county that has not applied to the committee for all, or a portion,
of its unapplied for or otherwise unassigned allocation during any
calendar year, to apply, on or after October 1 of that calendar year,
for all or a portion of the allocation for which that county would
have been eligible had it applied.
(B) If there is more than one local agency applicant for an
allocation pursuant to subparagraph (A), the committee shall award
the allocation on a per capita proportionate basis among the
applicants.
(C) The committee shall consider and act upon an application for
previously unapplied for or otherwise unassigned allocations pursuant
to this paragraph at the committee's next scheduled meeting before
the end of the calendar year in which the application is made.
(D) A local agency is not required to obtain consent from the
county, or obtain a written transfer of an allocation from the
county, as a condition of applying for an allocation pursuant to this
paragraph.
(c) Any allocation made pursuant to this section shall be
irrevocable upon issuance of bonds pursuant thereto at least to the
extent of the amount of the bonds so issued. No allocation shall
permit the state agency or local agency which receives it to use all
or any portion of the allocation for a carryforward pursuant to
Section 146(f) of the Internal Revenue Code, unless the committee
expressly allows use of the allocation for a carryforward.
(d) No allocation made to a state agency or a local agency
pursuant to this section may be transferred by the initial recipient
thereof to any other state agency or local agency unless the
committee expressly permits the transfer. With the committee's
permission, any state or local agency may, by resolution, transfer to
any other local agency or to any state agency or back to the
committee all or any portion of the agency's private activity bond
limit. Any such transfer shall be made in writing and may be general
or limited and subject to any terms and conditions as may be set
forth in the resolution or under the committee's permission, as long
as the transfer is irrevocable upon issuance of bonds pursuant to the
transfer, at least to the extent of the amount of the bonds so
issued. Each transferee shall maintain a written record of the
transfer in its records for at least the term of all private activity
bonds issued pursuant to the transfer. No transfer may be made
pursuant to this section in return for any payment of cash, property,
or other marketable thing of value.