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AB-2064 State and local government: salary disclosure.(2009-2010)

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AB2064:v93#DOCUMENT

Amended  IN  Senate  August 31, 2010
Amended  IN  Senate  August 20, 2010
Amended  IN  Senate  August 19, 2010
Amended  IN  Senate  July 01, 2010
Amended  IN  Assembly  May 06, 2010
Amended  IN  Assembly  April 26, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 2064


Introduced  by  Assembly Member Huber

February 18, 2010


An act to add Sections 9133.3 and Section 53087.7 to, and to add Chapter 10 (commencing with Section 12790) 12795) to Part 2 of Division 3 of Title 2 of, the Government Code, relating to government salaries, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2064, as amended, Huber. State and local government: salary disclosure.
Under existing law, local governments are authorized to provide for the compensation of local elected and appointed officials, as specified.
The California Constitution authorizes the California Citizens Compensation Committee to establish the salaries for state officers, including constitutional officers and members of the Legislature.
This bill would require each general law or charter city, county, city and county, special district, school district, and joint powers agency to post on its official Internet Web site, if it maintains one, and annually update, annual salary information pertaining to specified persons, including, among others, each elected or appointed official of that entity, thus imposing a state-mandated local program. The bill would provide that this provision not become operative if a specified condition occurs.

This bill would require each house of the Legislature to post on its official Internet Web site, and annually update, the annual salary for Assembly Members, Senators, and employees of the Legislature.

This bill would require each constitutional officer to post on his or her official Internet Web site, and update on an annual basis, the annual salary for that constitutional officer, any appointed or exempt deputies, and any appointed or exempt employees of that constitutional officer.
This bill would declare the intent of the Legislature to display and regularly update, on its official Internet Web site, the annual salary of its members, officers, and employees, as specified.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.Section 9133.3 is added to the Government Code, to read:
9133.3.

Each house of the Legislature shall post on its official Internet Web site, and update on an annual basis, the annual salary for the Assembly Members, Senators, and employees of each house of the Legislature.

SEC. 2.Chapter 10 (commencing with Section 12790) is added to Part 2 of Division 3 of Title 2 of the Government Code, to read:
10.Compensation Disclosure
12790.

SECTION 1.

 Chapter 10 (commencing with Section 12795) is added to Part 2 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  10. Compensation Disclosure

12795.
 Each constitutional officer subject to this part shall post on his or her official Internet Web site, and update on an annual basis, the annual salary for that constitutional officer, any appointed or exempt deputies, and any appointed or exempt employees of that constitutional officer.

SEC. 3.SEC. 2.

 Section 53087.7 is added to the Government Code, to read:

53087.7.
 Each general law or charter city, county, city and county, special district, school district, and joint powers agency formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1) shall post on its official Internet Web site, if it maintains one, and update on an annual basis, the annual salary received from the local governmental entity by each elected or appointed official, superintendent, deputy superintendent, assistant superintendent, associate superintendent, general manager, city manager, county administrator, and other similar chief administrative officer or executive officer.

SEC. 3.5.

Section 3

SEC. 2.5.

 Section 2 of this bill shall not become operative if this bill and Senate Bill 501 are both enacted and become effective on or before January 1, 2011, and Senate Bill 501 adds Section 53060.2 to the Government Code.

SEC. 3.

 It is the intent of the Legislature that each house of the Legislature, pursuant to the adoption of a house rule or resolution, display and regularly update on its official Internet Web site the annual salary of its members, officers, and employees.

SEC. 4.

 In enacting this act, the Legislature finds and declares that the disclosure of salary information for city and county elected and appointed officials directly contributes to the fiscal integrity and stability of local governmental agencies in this state, and is therefore an issue of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to all cities and counties, including charter cities and charter counties.

SEC. 5.

 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.

SEC. 6.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide the public with the necessary transparency of, and access to, government salary information, it is necessary for this bill to take effect at the earliest possible time.