Christine Kehoe
- Democratic
Author
(1) Existing law requires the officer of each local agency who has charge of the financial records of the 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, as specified. Existing law defines local agency, for purposes of these financial reports to mean any city, county, district, and specified community redevelopment agencies. This bill would also include within the definition of local agency any joint powers agency and would require that joint powers agency to furnish the Controller with the required financial reports. (2) Existing law requires the Controller to annually compile and publish reports of the financial transactions of each county, city, and school district within the state, together with other matters he or she deems of public interest. This bill would additionally require the Controller to annually compile and publish reports of the financial transactions of each joint powers agency. (3) Existing law provides that if the county, city, or district reports are not made in a specified manner, or there is reason to believe that the report is false, the Controller is required to appoint a qualified accountant to make an investigation and to obtain the information required for the annual report of financial transactions. Existing law provides that if a similar investigation is made of any county, city, or district for 2 successive years, then a copy of the results of those investigations shall be transmitted to the grand jury of the county investigated or in which the local agency investigated is situated. Existing law requires any costs incurred by the Controller in carrying out those audits to be paid by the local agency. This bill would expand the above provisions to also include a special district or joint powers authority. This bill would also, until January 1, 2017, authorize the Controller to perform an audit or investigation of any county, city, special district, or joint powers authority, if the Controller has made findings that the local agency is not complying with the financial requirements in state law, state grant agreements, local charters, or local ordinances and require the Controller to prepare and file a report of the results of the audit or investigation, as specified. This bill would require that, until January 1, 2017, if the results of those audits determine that the financial report filed by the local agency did not contain false, incomplete, or incorrect information, then the Controller shall waive the costs of the investigation, and would authorize the Controller to establish a payment program to assist a local agency to pay for any costs that cannot be waived. This bill would additionally authorize the Controller, if requested by a local agency,. to convene a local agency financial review committee with a specified membership to provide assistance in reviewing and assessing its financial condition, as specified. (4) Existing law provides that an officer of a local agency who fails or refuses to make and file his or her financial report within 20 days after receipt of a written notice of the failure from the Controller forfeits to the state a specified amount depending on the amount of total revenue of that local agency. Existing law raises these amounts in the case of a community redevelopment agency and a joint powers agency that issues conduit revenue bonds in the 2nd and 3rd consecutive year. This bill would raise the forfeiture amounts for all local agencies, as specified. The bill would double these fines if the agency fails to submit the report to the Controller for 2 consecutive years, and would triple the fines if the agency fails to submit the report to the Controller for 3 consecutive years. The bill would also require the Controller to conduct an audit, as specified, of the local agency if the local agency fails to provide the financial reports for 3 consecutive years.
Set, second hearing. Held in committee and under submission.
Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 27). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
Set, first hearing. Hearing canceled at the request of author.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
Set, first hearing. Failed passage in committee. Reconsideration granted.
Read third time. Passed. (Ayes 27. Noes 11. Page 1273.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 6. Noes 2. Page 1113.) (May 26).
Set for hearing May 26.
Placed on APPR. suspense file.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Set for hearing April 11.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 359.) (March 16).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
Set for hearing March 16.
From printer. May be acted upon on or after March 10.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB186 | HTML |
| 02/07/11 - Introduced | |
| 03/10/11 - Amended Senate | |
| 03/22/11 - Amended Senate | |
| 04/06/11 - Amended Senate | |
| 05/31/11 - Amended Senate | |
| 03/22/12 - Amended Assembly | |
| 06/19/12 - Amended Assembly |
| Document | Format |
|---|---|
| No related documents. |
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