Bill Text: CA AB2040 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Compensation of elected officials, officers, and employees: reporting and disclosure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 894, Statutes of 2014. [AB2040 Detail]

Download: California-2013-AB2040-Amended.html

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BILL NUMBER: AB 2040	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 23, 2014

INTRODUCED BY   Assembly Member Garcia

                        FEBRUARY 20, 2014

   An act to amend Section 53892 of, and to add Article 10.5
(commencing with Section 53908) to Chapter 4 of Part 1 of Division 2
of Title 5 of, the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2040, as amended, Garcia. Public official compensation.
   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 specified information that includes, among
other things, all the financial transactions of the local agency
during the next preceding fiscal year. Existing law requires the
Controller to compile and publish reports of the financial
transactions of each county, city, city and county, and special
district, respectively, together with any other matter he or she
deems of public interest.
   This bill would require a local agency to additionally report to
the Controller the annual compensation of its public 
officials, including, but not limited to, separately listing the name
and title of each public official and his or her monthly salary.
  officials.  This bill would also require a local
agency that  is required to submit a financial report to the
Controller and that  maintains an Internet Web site to 
either  post the annual compensation  information 
of its public  officials, as specified, or post a link to
  officials that is posted on  the Controller's
Government Compensation in California Internet Web site. 
This bill would also define terms for the purposes of these new
duties.   This bill would require the Controller and
local agencies to consult rega   rding the reporting
requirements for the disclosure of compensation information. 
   By requiring a local agency to report and disclose additional
information regarding its public officials in a specified manner,
this bill would impose a state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53892 of the Government Code is amended to
read:
   53892.  The report shall state all of the following:
   (a) The aggregate amount of taxes levied and assessed against the
taxable property in the local agency, which became due and payable
during the next preceding fiscal year.
   (b) The aggregate amount of taxes levied and assessed against this
property collected by or for the local agency during the fiscal
year.
   (c) The aggregate income during the preceding fiscal year, a
general statement of the sources of the income, and the amount
received from each source.
   (d) The total expenditures made by administrative departments
during the preceding fiscal year, a general statement of the purposes
of the expenditures, and the amounts expended by each department.
   (e) The assessed valuation of all of the taxable property in the
local agency as set forth on the assessment roll of the local agency
equalized for the fiscal year, or, if the officers of the county in
which the city or district is situated have collected for the city or
district the general taxes levied by the city or district for the
fiscal year, the assessed valuation of all taxable property in the
city or district as set forth on the assessment rolls for the county
equalized for the fiscal year.
   (f) The information required by Section 53892.2, as of the end of
the fiscal year.
   (g) The approximate population at the close of the fiscal year and
the population as shown by the last regular federal census.
   (h) Other information that the Controller requires.
   (i) Any other matters necessary to complete and keep current the
statistical information on assessments, revenues and taxation,
collected and compiled by any Senate or Assembly committee on revenue
and taxation.
   (j) In the case of cities, the information required by Section
53892.3.
   (k) In the case of community redevelopment agencies, the
information required by subdivisions (a), (b), and (g) of Section
33080.1 of the Health and Safety Code. The Controller shall forward
the information required pursuant to subdivision (c) of Section
33080.1 of the Health and Safety Code to the Department of Housing
and Community Development for publication pursuant to Section 33080.6
of that code.
   (l) The annual compensation of a local agency's public 
officials, including, but not limited to, separately listing the name
and title of each public official and his or her monthly salary. For
purposes of this subdivision, the definitions in Section 53908.5
shall apply.   officials in accordance with reporting
instructions developed by the Controller pursuant to Section 53891 in
consultation with affected local agencies. 
  SEC. 2.  Article 10.5 (commencing with Section 53908) is added to
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code,
to read:

      Article 10.5.  Local Agency Internet Posting of Financial
Information


   53908.   (a)    If a local
 agency   agency, that is required to report to
the Controller under Section 53891,  maintains an Internet Web
site, it shall  post   post, in a conspicuous
location on its Internet Web site,  the annual compensation of
its public officials  in a clear, visible, and searchable
format that includes, but is not limited to, separately listing the
name and title of each public official, and his or her monthly
salary. The local agency shall update the posted compensation
information at least annually.   that is posted on the
Controller's Government Compensation in California Internet Web site.
 
   (b) A local agency may comply with subdivision (a) by posting in a
conspicuous location on its Internet Web site a link to the
Controller's Government Compensation in California Internet Web site
at www.publicpay.ca.gov.  
   53908.5.  For purposes of this article, the following definitions
shall apply:
   (a) "Compensation" means the salary, per diem, fees, reimbursement
for expenses, and employment benefits paid with public funds.
   (b) "Local agency" has the same meaning as the term is defined in
Section 53890.
   (c) "Public official" has the same meaning as the term is defined
in Section 82048.
   (d) "Salary" means any and all payments made by a local agency as
consideration for a public official's services to the local agency,
and include, but are not limited to, wages, health benefits, pension
benefits, insurance coverage, compensated vacation and leave time,
free or discounted transportation, payment or indemnification of
legal defense costs, and any other item of value received by the
public official from the local agency.
   (e) "Per diem" means a fix sum payment from a local agency that
accrues daily to a public official when the public official is
required to incur increased daily living expenses. 
  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.