Bill Text: CA SB769 | 2023-2024 | Regular Session | Amended
Bill Title: Local government: fiscal and financial training.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - September 1 hearing: Held in committee and under submission. [SB769 Detail]
Download: California-2023-SB769-Amended.html
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Amended
IN
Assembly
June 22, 2023 |
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Amended
IN
Assembly
June 12, 2023 |
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Amended
IN
Senate
April 20, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 769
| Introduced by Senator Gonzalez |
February 17, 2023 |
An act to add Article 2.4.6 (commencing with Section 53238) to Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 769, as amended, Gonzalez.
Local government: fiscal and financial training.
Existing law imposes ethics training and sexual harassment prevention training and education on specified local agency officials. Existing law requires each training to be 2 hours and requires the officials to receive each training every 2 years, and as described otherwise.
This bill would require, if a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, all local agency officials, as defined, to receive at least 2 hours of fiscal and financial training, as described. The bill would require the training to be received at least once every 2 years, as provided. The bill would exempt a local agency official from the training requirements if they comply with
specified criteria under existing law relating to eligibility for appointment or election to, and continuing education for, the office of county auditor, county treasurer, county tax collector, or county treasurer-tax collector.
This bill would authorize a local agency or an association of local agencies to contract with or otherwise collaborate with a provider of a training course to offer one or more training courses, or sets of self-study materials with tests, to its local agency officials to meet the training requirement, as described. The bill would require the training courses and materials to be developed in consultation with experts in local government finance. The bill would require providers of training courses to provide participants with proof of participation for purposes of complying with local agency recordkeeping requirements. The bill would require a local agency to provide information on training available at least once annually. By imposing
additional duties on local agency officials, the bill would create a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 2.4.6 (commencing with Section 53238) is added to Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code, to read:Article 2.4.6. Fiscal and Financial Training
53238.
For purposes of this article:(a) “Fiscal and financial training” includes, but is not limited to, training in all of the following:
(1) Laws and principles relating to financial administration and short- and long-term fiscal management, including, but not limited to, the role and responsibilities of financial administration, financial policies, municipal budgets and budget processes, and financial reporting and auditing.
(2) Laws and principles relating to, but not limited to, capital financing and debt management, mechanisms for local agency revenues, pensions
and other postemployment benefits, and cash management and investments.
(3) General fiscal and financial planning principles and any pertinent laws relevant to the local agency official’s public service and role in overseeing the local agency’s operations and relevant to the local agency’s procurement practices and responsibilities.
(b) “Legislative body” has the same meaning as in Section 54952.
(c) “Local agency” means a city, county, city and county, charter city, charter county, charter city and county, or special district, which meets one of the following:
(1) The local agency has been designated as high risk pursuant to an audit conducted by the California
State Auditor.
(2) The local agency has received a written notice from the Controller of the agency’s failure to timely submit the annual financial transaction report described in Section 53891.
(3) The local agency has a local agency official that has been found to have willfully and knowingly submitted a false annual financial transaction report described in Section 53891.
(d) “Local agency official” means either of the following:
(1) Any member of a local agency’s legislative body or any elected local agency official who receives any type of compensation, salary, or stipend or reimbursement for actual and
necessary expenses incurred in the performance of official duties.
(2) Any employee designated by a local agency’s legislative body to receive the training specified under this article.
53238.1.
(a) If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive at least two hours of fiscal and financial training pursuant to this article.(b) A local agency or an association of local agencies may contract with or otherwise collaborate with a provider of a training course to offer one or more training courses, or sets of self-study materials with tests, to its local agency officials to meet the requirements of this article.
(c) Training courses, or the sets of self-study materials with tests, may be taken at home, in person, or online. These courses and materials shall be developed in consultation with widely recognized experts in local government finance.
(d) All providers of training courses under this article shall provide participants with proof of participation to meet the requirements of Section 53238.3.
(e) A local agency shall provide information on training available to meet the requirements of this article to its local agency officials at least once annually.
53238.2.
(a) Every local agency official who is in a local agency’s service as of January 1, 2024, and commenced that service prior to January 1, 2024, shall receive the fiscal and financial planning training required by this article before January 1, 2026, unless that local agency official’s term of office ends before January 9, 2026. Thereafter, the local agency official shall receive the training at least once every two years.(b) Every local agency official who commences service with a local agency on or after January 1, 2024, shall receive the fiscal and financial planning
training required by this article no later than
two years from the first day of service with the local agency. Thereafter, the local agency official shall receive the training at least once every two years.
(c) A local agency official who serves more than one local agency is only required to comply with the training requirements of this article once every two years, regardless of the number of local agencies the local agency official serves. However, the local agency official shall provide a copy of proof of participation to all local agencies that they serve.
53238.3.
(a) A local agency that requires its local agency officials to complete the fiscal and financial planning training required by this article shall maintain records indicating both of the following:(1) The dates that local agency officials satisfied the requirements of this article.
(2) The entity that provided the training.
(b) Notwithstanding any other provision of law, a local agency shall maintain these records for at least five years after local
agency officials receive the training. These records are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).
