Bill Text: CA AB341 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Financial affairs: reports.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-07-02 - Chaptered by Secretary of State - Chapter 37, Statutes of 2015. [AB341 Detail]

Download: California-2015-AB341-Amended.html

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BILL NUMBER: AB 341	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015

INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 13, 2015

   An act to amend  Section 53891   Sections
12463, 53891, and 53893  of the Government Code, relating to
local government.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 341, as amended, Achadjian. Financial affairs: reports.
   Existing law requires the officer of each local agency, who has
charge of the financial records of the local agency, to furnish to
the Controller a report of all the financial transactions of the
local agency during the next preceding fiscal year within 90 days of
the close of each fiscal year, or within 110 days if the report is
furnished in an electronic format.  Existing law requires the
report to include, among other things, the annual compensation of a
local agency's elected officials, officers, and employees, as
specified. 
   This bill would require the report to contain underlying data from
audited financial statements, as specified, if this data is
available. This bill would extend the amount of time in which the
report is required to be furnished to the Controller from 90 days to
 180, days and from 110 days to 210 days.  
seven months. The bill would also require information regarding the
annual compensation of a local agency's elected officials, officers,
and employees, as specified, to be submitted to the controller no
later than April 30th after the end of the calendar year.  
   Existing law requires the Controller to, among other things,
compile and publish reports of the financial transactions of each
county, city, and special district, as specified, on or before August
1, September 1, and October 1, respectively, of each year. 

   This bill would instead require the Controller to compile and
publish reports of the financial transactions of each county, city,
and special district on or before November 1 of each year. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    (a) The Legislature finds and
declares that the existing timelines between the close of the fiscal
year and the requirement for local agencies to submit financial
transaction reports to the Controller within 90 or 110 days are often
insufficient to ensure the required audits of this data have been
completed. Submitting incomplete or unaudited data can create
confusion for the public and additional work for both the State
Controller's office and the local agency staff to update information
to reflect final audits.
   (b) It is the intent of the Legislature in enacting this act to
adjust the existing timelines described in subdivision (a) so that
local agencies have sufficient time to ensure that local financial
transaction reports submitted to the Controller and published online
by the Controller reflect final audited data. By making these
changes, it is the intent of the Legislature to improve the quality
of information provided to the public. 
   SEC   TION 1.    Section 12463 of the 
 Government Code  is amended to read: 
   12463.  (a) The Controller shall compile, publish, and make
publicly available on the Controller's Internet Web site, in a format
that may be printed and downloaded, reports of the financial
transactions and information on annual compensation, consistent with
subdivision (l) of Section 53892, of each county, city, and special
district, respectively, within this state, together with any other
matter he or she deems of public interest. The reports shall include
the appropriations limits and the total annual appropriations subject
to limitation of the counties, cities, and special districts. The
reports to the Controller shall be made in the  time, form,
  form  and manner prescribed by the Controller.
   (b)  Effective January 1, 2005, the   The
 Controller shall compile and publish reports of the financial
transactions of each county, city, and special district pursuant to
subdivision (a) on or before  August 1, September 1, and
October 1 respectively,   November 1  of each year
following the end of the annual reporting period. The Controller
shall make data collected pursuant to this subdivision available upon
request to the Legislature and its agents, on or before April 1 of
each year.
   (c) The Controller shall annually publish, on the Internet Web
site of the Controller, reports of the financial transactions of each
school district within this state, together with any other matter he
or she deems of public interest. The reports shall include the
appropriations limit and the total annual appropriations subject to
limitation of the school district. The reports to the Controller
shall be made in the time, form, and manner prescribed by the
Controller.
   (d) As used in this section, the following terms have the
following meanings:
   (1) "School district" means a school district as defined in
Section 80 of the Education Code.
   (2) "Special district" means any of the following:
   (A) A special district as defined in Section 95 of the Revenue and
Taxation Code.
   (B) A commission provided for by a joint powers agreement pursuant
to Chapter 5 (commencing with Section 6500) of Division 7 of Title
1.
   (C) A nonprofit corporation that is any of the following:
   (i) Was formed in accordance with the provisions of a joint powers
agreement to carry out functions specified in the agreement.
   (ii) Issued bonds, the interest on which is exempt from federal
income taxes, for the purpose of purchasing land as a site for, or
purchasing or constructing, a building, stadium, or other facility,
that is subject to a lease or agreement with a local public entity.
   (iii) Is wholly owned by a public agency.
  SEC. 2.  Section 53891 of the Government Code is amended to read:
   53891.  (a) The officer of each local agency who has charge of the
financial records shall furnish to the Controller a report of all
the financial transactions of the local agency during the 
next  preceding fiscal year. The report shall contain
underlying data from audited financial statements prepared in
accordance with generally accepted accounting principles, if this
data is available. The report shall be furnished within  180
days   seven months  after the close of each fiscal
year and shall be in the form required by the Controller. 
If the report is filed in electronic format as prescribed by the
Controller, the report shall be furnished within 210 days after the
close of each fiscal year. However, whenever a local agency files
annual financial materials with the Office of Statewide Health
Planning and Development or any successor thereto pursuant to Section
128735 of the Health and Safety Code, the audited report shall be
furnished within 120 days after the close of each fiscal year.
Further, whenever a community redevelopment agency files an annual
report with the Controller pursuant to Section 33080 of the Health
and Safety Code, the report shall be furnished within six months of
the end of the agency's fiscal year.   A local agency
shall submit to the Controller information on annual compensation, as
described in subdivision (l) of Section 53892, for the previous
calendar year no later than April 30th. 
   (b) The Controller shall prescribe uniform accounting and
reporting procedures that shall be applicable to all local agencies
except cities, counties, and school districts, and except for local
agencies that substantially follow a system of accounting prescribed
by the Public Utilities Commission of the State of California or the
Federal Energy Regulatory Commission. The procedures shall be adopted
under Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2. The Controller shall prescribe the procedures
only after consultation with and approval of a local governmental
advisory committee established pursuant to Section 12463.1. Approval
of the procedures shall be by majority vote of the members present at
a meeting of the committee called by the chairperson thereof.
   SEC. 3.    Section 53893 of the   Government
Code   is amended to read: 
   53893.  Upon the completion of the report the legislative body
shall  either post it in a conspicuous location on its Internet
Web site, or  cause copies of the report to be prepared and the
clerk of the legislative body shall furnish a copy to any person
requesting it. A charge not to exceed twenty-five cents ($0.25) for
each copy may be imposed.