SB 46

Bill Subjects

Abstract

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, commencing on January 1, 2013, and continuing until January 1, 2019, require every designated employee and other person, 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, commencing January 1, 2013, and continuing until January 1, 2019, require each agency to post on that agency's Internet Web site the information contained on the compensation disclosure form filed by a person required to file a statement of economic interests 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 March 1, 2013, 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, 2013, to recommend to the Governor and the Legislature methods for compiling the information contained on 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 provisions of the bill, as specified. 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 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 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 23 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.