BILL NUMBER: SB 46 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2011
AMENDED IN SENATE MARCH 7, 2011
INTRODUCED BY Senator Correa
(Coauthor: Assembly Member Smyth)
DECEMBER 9, 2010
An act to add and repeal Article 2.5 (commencing with
Section 1050) of Chapter 1 of Division 4 of Title 1 of the Government
Code, relating to local government, and declaring the urgency
thereof, to take effect immediately. An act to add and
repeal Sections 87202.5 and 87302.2 of the Government Code, relating
to the Political Reform Act of 1974, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 46, as amended, Correa. Local government:
Public officials: compensation disclosure.
Existing law provides for the compensation of local government
officers and employees, as specified.
Existing provisions of the Political Reform Act of 1974 require
certain persons employed by agencies to file annually a written
statement of the economic interests they possess during specified
periods. The act requires that state agencies promulgate a conflict
of interest code that must contain, among other topics, provisions
that require designated employees to file statements disclosing
reportable investments, business positions, interests in real
property, and income. The act requires that every report and
statement filed pursuant to the act is a public record and is open to
public inspection.
This bill would, until January 1, 2019, require each
public official every person , defined
to mean a public official required to file a statement of economic
interest pursuant to the Political Reform Act of 1974, to annually
file except a candidate for public office, who is
required to file a statement of economic interests to include, as a
part of that filing, a compensation disclosure form that
provides compensation information for the preceding calendar year, as
specified. The bill would specify that compensation
disclosure forms are open to public inspection, as specified.
This bill would, until January 1, 2019, require each
designated employee who is required to file statements under a
conflict of interest code to include, as a part of that filing, a
compensation disclosure form that provides compensation information
for the preceding calendar year.
The bill would, until January 1, 2019, require each
public agency , as defined, to post on
that public agency's Internet Web site the
information contained on the compensation disclosure form filed by a
public official pe rson required to
file a statement of economic interest or a designated employee
, and the written policy for the reimbursement of actual and
necessary expenses.
The bill would require the Controller, on or before October 1,
2011, to adopt emergency regulations for the
implementation of these requirements, including the format of the
compensation disclosure form. The bill would also require the
Controller, on or before July 1, 2012, to recommend to the Governor
and the Legislature methods for compiling the information contained
on public officials' a person's or a
designated employee's compensation disclosure forms in one or
more publicly accessible databases, including specific proposals for
establishment, operation, oversight, and funding, as specified.
This bill would authorize the Bureau of State Audits to report to
the Governor and the Legislature regarding the implementation and
effectiveness of this bill.
The bill would also authorize a district attorney or any
interested person to commence an action by mandamus or
injunction to enforce the provision
provisions of the bill, as specified.
The duties imposed on local agencies by the bill would create a
state-mandated local program.
Existing provisions of the act make a violation of the act subject
to administrative, civil, and criminal penalties.
This bill would impose a state-mandated local program by imposing
those criminal penalties on persons who violate the provisions of the
bill.
The bill would express a legislative finding and declaration that
it addresses the right of access by the people of the state to
information concerning the conduct of the people's business.
The bill would express a legislative finding and declaration that,
to ensure the statewide integrity of local government, disclosure of
compensation paid filers to public officials
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
This bill would declare that it furthers the purposes of the act.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87202.5 is added to the
Government Code , to read:
87202.5. (a) (1) Every person, except a candidate for public
office, who is required to file a statement of economic interests
pursuant to Section 87202, shall, as a part of that filing, include a
compensation disclosure form that provides compensation information
for the preceding calendar year.
(2) Nothing in this section shall be construed to prevent an
agency from adopting more extensive procedures and standards relating
to the disclosure of compensation information by persons employed by
the agency.
(3) If an agency maintains an Internet Web site, it shall post the
following information on its Internet Web site:
(A) The information contained on the compensation disclosure form
filed by a person pursuant to this section.
(B) The written policy for the reimbursement of actual and
necessary expenses adopted pursuant to Section 53232.2, if
applicable.
(b) As an alternative to subdivision (a), if an agency maintains
an Internet Web site, it may compile the information required by
subdivision (c) for each person employed by the agency who is
required to a file a statement of economic interests pursuant to
Section 87202 and post that information on its Internet Web site. The
information for each of those persons shall be available upon
request pursuant to Section 81008.
(c) (1) On or before October 1, 2011, the Controller shall adopt
emergency regulations pursuant to Section 11346.1 for the
implementation of this section, including the format of the
compensation disclosure form.
(2) The compensation disclosure form shall provide for the
disclosure of each of the following:
(A) The agency's cost for a person's annual salary or stipend.
(B) The agency's cost to provide benefits to a person, including,
but not limited to, deferred compensation or defined benefit plans.
(C) The agency's reimbursement payments to a person for actual and
necessary expenses incurred on behalf of the local agency in the
performance of official duties.
(D) The agency's cost to provide a person with any other monetary
or nonmonetary perquisites of office.
(E) The date on which a person completed the training required by
Section 8956, Article 12 (commencing with Section 11146) of Chapter 1
of Part 1 of Division 3 of Title 2, or Article 2.4 (commencing with
Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5, if
applicable.
(3) The information disclosed pursuant to this subdivision shall
also include any amounts received by a person as a result of that
person's membership with, or employment by, any other entity if the
governing body of that entity and the governing body of the agency
that the person is a member of, or employed by, share membership.
(d) (1) The district attorney or any interested person may
commence an action by mandamus or injunction to compel a person or
agency to comply with the requirements of this section. Nothing in
this section shall be construed to prevent a public official or
agency from curing or correcting an action challenged pursuant to
this section.
(2) Prior to any action being commenced pursuant to this section,
the district attorney or interested person shall make a demand of the
person or 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 person or agency
shall cure or correct the alleged violation and notify the demanding
party in writing of the decision to 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 section or
thereafter be barred from commencing the action.
(5) If the person or 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 (4) 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 section 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 section shall be dismissed with
prejudice
(e) (1) On or before July 1, 2012, the Controller shall recommend
to the Governor and the Legislature methods for compiling the
information contained on a person's compensation disclosure forms in
one or more publicly accessible databases. These recommendations
shall include specific proposals for establishment, operation,
oversight, and funding.
(2) On or before January 1, 2018, to the extent resources are
available, the Bureau of State Audits may review and report to the
Governor and the Legislature regarding the implementation and
effectiveness of this section. The bureau's report shall rely on
criteria, including, but not limited to, the accuracy, completeness,
ease of use, and timeliness of the compensation disclosure forms
filed pursuant to this section. The bureau's report may include
recommendations for the Legislature's consideration.
(f) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 2. Section 87302.2 is added to the
Government Code , to read:
87302.2. (a) (1) In addition to the requirements of subdivision
(b) of Section 87302, every designated employee shall also include,
as a part of that filing, a compensation disclosure form as provided
for in Section 87202.5. The compensation disclosure form shall comply
with the regulations promulgated by the Controller pursuant to
subdivision (c) of Section 87202.5.
(2) Nothing in this section shall be construed to prevent an
agency from adopting more extensive procedures and standards relating
to the disclosure of compensation information by its designated
employees.
(3) If an agency maintains an Internet Web site, it shall post the
following information on its Internet Web site:
(A) The information contained on the compensation disclosure form
filed by a designated employee pursuant to this section.
(B) The written policy for the reimbursement of actual and
necessary expenses adopted pursuant to Section 53232.2, if
applicable.
(b) As an alternative to subdivision (a), if an agency maintains
an Internet Web site, it may compile the information required by
subdivision (a) for each of its designated employees and post that
information on its Internet Web site. The information for each of
those designated employees shall be available upon request pursuant
to Section 81008.
(c) The district attorney or any interested person may commence an
action by mandamus or injunction to compel a designated employee or
agency to comply with the requirements of this section by following
the procedure enumerated in subdivision (d) of Section 87202.5.
(d) (1) On or before July 1, 2012, the Controller shall recommend
to the Governor and the Legislature methods for compiling the
information contained on a designated employee's compensation
disclosure forms in one or more publicly accessible databases. These
recommendations shall include specific proposals for establishment,
operation, oversight, and funding.
(2) On or before January 1, 2018, to the extent resources are
available, the Bureau of State Audits may review and report to the
Governor and the Legislature regarding the implementation and
effectiveness of this section. The bureau's report shall rely on
criteria, including, but not limited to, the accuracy, completeness,
ease of use, and timeliness of the compensation disclosure forms
filed pursuant to this section. The bureau's report may include
recommendations for the Legislature's consideration.
(e) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SECTION 1. Article 2.5 (commencing with Section
1050) is added to Chapter 1 of Division 4 of Title 1 of the
Government Code, to read:
Article 2.5. DISCLOSURE OF PUBLIC OFFICIALS' COMPENSATION
1050. As used in this section, the following terms have the
following meanings:
(a) "City" means a general law city or a charter city.
(b) "Local agency" means any county, city, special district, or
school district, or any other local or regional political
subdivision, including a joint powers agency formed pursuant to the
Joint Exercise of Powers Act (Chapter 5 (commencing with Section
6500) of Division 7).
(c) "Public agency" means any state agency or local agency.
(d) "Public official" means any person, except a candidate for
office, who is required to file a statement of economic interests
pursuant to Section 87200.
(e) "School district" means a school district, community college
district, county board of education, or county superintendent of
schools.
(f) "Special district" means any agency of the state established
for the local performance of governmental or proprietary functions
within limited boundaries.
(g) "State agency" means every state office, department, division,
bureau, board, or commission, or the Legislature.
1051. (a) Each public official shall annually file a compensation
disclosure form that provides compensation information for the
preceding calendar year. A public official shall file the
compensation disclosure form with the same office that receives his
or her statement of economic interest pursuant to Section 87500. The
annual deadline for filing a compensation disclosure form shall be
the same as the deadline for filing annual statements of economic
interest, pursuant to Sections 87203 and 87302.
(b) Nothing in this article shall be construed to prevent a public
agency from adopting more restrictive procedures and standards
relating to the disclosure of compensation information.
(c) If a public agency maintains an Internet Web site, it shall
post the following information on its Internet Web site:
(1) The information contained on the compensation disclosure form
filed by a public official.
(2) The written policy for the reimbursement of actual and
necessary expenses adopted pursuant to Section 53232.2, if
applicable.
1052. As an alternative to Section 1051, if a public agency
maintains an Internet Web site, it may compile the information
required by Section 1053 for each of its public officials and post
that information on its Internet Web site. The information for each
of those public officials shall be available upon request pursuant to
Section 1055.
1053. (a) On or before October 1, 2011, the Controller shall
adopt regulations pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 for the implementation of
this article, including the format of the compensation disclosure
form.
(b) The compensation disclosure form shall provide for the
disclosure of each of the following:
(1) The public agency's cost for the public official's annual
salary or stipend.
(2) The public agency's cost to provide benefits to the public
official, including but not limited to, deferred compensation or
defined benefit plans.
(3) The public agency's reimbursement payments to the public
official for actual and necessary expenses incurred on behalf of the
local agency in the performance of official duties.
(4) The public agency's cost to provide the public official with
any other monetary or nonmonetary perquisites of office.
(5) The date on which the public official completed the training
required by Section 8956, Article 12 (commencing with Section 11146)
of Chapter 1 of Part 1 of Division 3 of Title 2, or Article 2.4
(commencing with Section 53234) of Chapter 2 of Part 1 of Division 2
of Title 5, if applicable.
1054. The information disclosed pursuant to Section 1053 shall
also include any amounts received by a public official as a result of
that person's membership with, or employment by, any other public
agency if the membership of the other public agency's governing body
is sufficient in number to constitute a quorum or a majority of the
governing body membership of the first public agency.
1055. Every compensation disclosure form filed pursuant to this
article shall be open for public inspection and reproduction during
regular business hours, commencing as soon as practicable, but not
later than the second business day following the day on which it was
received. No conditions shall be imposed upon a person desiring to
inspect or reproduce a compensation disclosure form filed pursuant to
this article, nor shall any information or identification be
required from the person. Copies shall be provided at a charge not to
exceed ten cents ($0.10) per page. In addition, a retrieval fee not
to exceed five dollars ($5) per request may be charged for copies of
reports and statements that are more than five years old. A request
for more than one compensation disclosure form at the same time shall
be considered a single request.
1056. (a) The district attorney or any interested person may
commence an action by mandamus or injunction to compel a public
official or public agency to comply with the requirements of this
article. Nothing in this article shall be construed to prevent a
public official or public agency from curing or correcting an action
challenged pursuant to this article.
(b) Prior to any action being commenced pursuant to this article,
the district attorney or interested person shall make a demand of the
public official or public agency to cure or correct the action
alleged to have been taken in violation of this article. The demand
shall be in writing and clearly describe the nature of the alleged
violation.
(c) Within 30 days of receipt of the demand, the public official
or public agency shall cure or correct the alleged violation and
notify the demanding party in writing of the decision to cure or
correct the alleged violation or inform the demanding party in
writing of its decision not to cure or correct the alleged violation.
(d) 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 article or
thereafter be barred from commencing the action.
(e) If the public official or public 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 subdivision (d) shall commence to
run the day after the 30-day period to cure or correct expires.
(f) During any action seeking a judicial determination pursuant to
this article 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 article shall be dismissed with
prejudice.
1057. (a) On or before July 1, 2012, the Controller shall
recommend to the Governor and the Legislature methods for compiling
the information contained on public officials' compensation
disclosure forms in one or more publicly accessible databases. These
recommendations shall include specific proposals for establishment,
operation, oversight, and funding.
(b) On or before January 1, 2018, the Bureau of State Audits shall
report to the Governor and the Legislature regarding the
implementation and effectiveness of this article.
1058. This article shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 2. SEC. 3. The Legislature
finds and declares that the fiscal integrity and stability of local
governmental agencies in this state, including charter cities,
directly affects the long-term well-being of all the residents of
this state. The public perception of efficient, transparent, and
accountable governmental structures in public agencies in California
affects the likelihood of businesses locating to or remaining in the
state. Therefore, the Legislature finds and declares that to ensure
the statewide integrity of state agencies and local agencies, the
disclosure of compensation paid to public officials or
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. 3. 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.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 5. The Legislature finds and declares that
this bill furthers the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.
SEC. 4. SEC. 6. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
Maintaining the public's trust in the efficiency, transparency,
and accountability of their public agencies is essential to the
operation of governments that protect the public peace, health, and
safety of all Californians. It is essential that measures which
protect the public trust take effect immediately.