SECTIONS 53890-53897 - California Statutes

GOVERNMENT CODE

SECTION 53890-53897

53890. As used in this article, "local agency" means any city,
county, any district, and any community redevelopment agency required
to furnish financial reports pursuant to Section 12463.1 or 12463.3.

53891. The officer of each local agency who has charge of the
financial records shall furnish to the Controller a report of all the
financial transactions of the local agency during the next preceding
fiscal year. The report shall be furnished within 90 days after the
close of each fiscal year and shall be in the form required by the
Controller. If the report is filed in electronic format as prescribed
by the Controller, the report shall be furnished within 110 days
after the close of each fiscal year. However, in the case of local
agencies filing annual financial materials with the California Health
Facilities Commission or any successor thereto pursuant to Section
441.18 of the Health and Safety Code, the audited report shall be
furnished within 120 days after the close of each fiscal year.
Further, in the case of community redevelopment agencies filing
annual reports with the Controller pursuant to Section 33080 of the
Health and Safety Code, the report shall be furnished within six
months of the end of the agency's fiscal year.
The Controller shall prescribe uniform accounting and reporting
procedures which shall be applicable to all local agencies except
cities, counties, and school districts, and except for local agencies
which substantially follow a system of accounting prescribed by the
Public Utilities Commission of the State of California or the Federal
Power Commission. The procedures shall be adopted under the
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2. The Controller shall prescribe the
procedures only after consultation with and approval of a local
governmental advisory committee established pursuant to Section
12463.1. Approval of the procedures shall be by majority vote of the
members present at a meeting of the committee called by the
chairperson thereof.

53891.1. In lieu of the report required in Section 53891, hospital
districts may submit to the Controller copies of any annual financial
reports which the hospitals are required to submit to the California
Health Facilities Commission or any portion thereof acceptable to
the Controller, together with any supplemental report containing
additional information as required by the Controller.

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.

53892.1. For the purpose of permitting the compilation of the
financial transactions of school districts by the Controller, the
Superintendent of Public Instruction shall make available to the
Controller, on an as-needed basis, data and other matters required by
this article by the Controller. The Superintendent shall derive the
data and other matters required for purposes of this article by the
Controller from reports furnished by school districts or by county
officials to the Superintendent as provided by law. No school
district or county superintendent of schools shall be required to
furnish separate reports to the Controller by the provisions of this
article. The Superintendent shall furnish average daily attendance or
enrollment data in lieu of the general population data required of
counties and other municipal corporations by this article. The
Superintendent shall add to the report forms furnished by him or her
items or other matters as may be agreed by the Superintendent and the
Controller to be needed for the purposes of this article.

53892.2. Pursuant to Section 53892, the report shall also contain
the following information:
(a) For all issues of general obligation bonds, revenue bonds,
improvement district bonds, limited obligation bonds, and special
assessment bonds state:
(1) The purpose of the bonds.
(2) The amount of issued and unmatured bonds.
(3) The amount of any delinquent principal and interest payments
which are due upon issued and matured bonds.
(4) The amount of authorized but unissued bonds.
(b) For each issue of general obligation bonds and improvement
district bonds where the revenues of any revenue-producing enterprise
have been pledged as additional security for such bonds, state the
nature and extent of such pledge.
(c) For each issue of revenue bonds where any income, other than
the revenues of the enterprise financed by said revenue bonds, has
been pledged as additional security for said bonds, state the nature
and extent of such pledge.
(d) For each issue of improvement district bonds state the
assessed valuation of all taxable property in such improvement
district, determined in the manner provided in subdivision (e) of
Section 53892.
(e) For each issue of limited obligation bonds, state the nature
and source of taxes from which principal and interest is payable.
(f) For special assessment bonds which are payable, directly or
indirectly, from any source other than special assessments, state the
nature and extent of such sources.
(g) For all lease-obligations state:
(1) The purpose of the lease-obligation.
(2) The nature of the lease-obligation, whether by lease,
contract, or otherwise, and the parties thereto.
(3) The person, partnership, corporation, legal entity or
governmental agency providing any moneys expended for making any
acquisition or improvement authorized or required for the purpose of
such lease-obligation.
(4) The total future rentals or other payments which would be
required if the local agency completed the unexpired term of the
lease-obligation.
(h) For construction financed by the United States or the State of
California pursuant to a contract with, or a loan or grant to, the
local agency:
(1) The date or purpose of the contract or grant.
(2) The maximum repayment obligation under the contract, and the
amount expended by the United States or the State of California to
date.
(3) The estimated payment schedule.
(4) The payments to date and delinquencies, if any.
The following definitions shall apply to this section:
"Bonds" means all bonds, warrants, notes or other evidences of
indebtedness or liability for which the reporting local agency is
liable for payment of principal and interest thereon.
"General obligation bonds" means bonds payable, both principal and
interest, from the proceeds of ad valorem taxes or ad valorem
assessments which may be levied within the entire territory of the
local agency, without limitation as to rate or amount, upon all
property subject to taxation or assessment.
"Revenue bonds" means bonds issued by a local agency payable, both
principal and interest, from the revenues of a revenue-producing
enterprise.
"Improvement district bonds" means bonds payable, both principal
and interest, from the proceeds of ad valorem taxes or ad valorem
assessments which may be levied within a fixed and defined portion or
portions of the local agency, without limitation as to rate or
amount, upon all property subject to taxation or assessment.
"Limited obligation bonds" means any bonds payable, both principal
and interest, from any taxes, other than taxes or assessments levied
upon property.
"Special assessment bonds" means any bonds issued to represent
unpaid assessments upon lands in an area fixed and defined by the
local agency, the lands within such area being specially benefited by
and assessed or to be assessed to pay the costs and expenses of a
public acquisition or improvement.
"Lease-obligations" means (i) leases for a term or more than 10
years under which the local agency is the lessee and has the right,
by option or otherwise, to acquire ownership of the property leased
or (ii) contracts whereby a local agency is obligated to make
installment payments for a period of more than 10 years for an
acquisition or improvement, such payments being made from a special
fund, provided, that revenue bonds or any contract, indenture,
resolution or ordinance providing for the issuance of revenue bonds
shall not be deemed a lease-obligation.
The information required by this section shall be submitted in
such form and detail as may be prescribed by the uniform reporting
procedures adopted pursuant to Section 53891.

53892.3. Pursuant to Section 53892, the report shall, in the case
of cities, also contain the following information:
(a) Total expenditures made during the next preceding fiscal year
for the construction of public projects other than streets and
highways.
(b) The total amount expended pursuant to competitive bidding
during the next preceding fiscal year for the construction of public
projects other than streets and highways.
The Legislature declares that in enacting this section there is no
express or implied obligation on the part of cities to include costs
of administrative overhead or any costs other than those directly
expended for construction of public projects.

53893. Upon the completion of the report the legislative body shall
cause copies of the report to be prepared and the clerk of the
legislative body shall furnish a copy to any person requesting it. A
charge not to exceed twenty-five cents ($0.25) for each copy may be
imposed.

53894. An officer of a local agency wilfully and knowingly
rendering a false report is guilty of a misdemeanor.

53895. (a) An officer of a local agency who fails or refuses to
make and file his or her report within 20 days after receipt of a
written notice of the failure from the Controller shall forfeit to
the state:
(1) One thousand dollars ($1,000), in the case of a local agency
with total revenue, in the prior year, of less than one hundred
thousand dollars ($100,000), as reported in the Controller's annual
financial reports.
(2) Two thousand five hundred dollars ($2,500) in the case of a
local agency with total revenue, in the prior year, of at least one
hundred thousand dollars ($100,000) but less than two hundred fifty
thousand dollars ($250,000), as reported in the Controller's annual
financial reports.
(3) Five thousand dollars ($5,000) in the case of a local agency
with total revenue, in the prior year, of at least two hundred fifty
thousand dollars ($250,000), as reported in the Controller's annual
financial reports.
(b) (1) Upon the request of the Controller, the Attorney General
shall prosecute an action for the forfeiture in the name of the
people of the State of California.
(2) Upon a satisfactory showing of good cause, the Controller may
waive the penalties for late filing provided in this section.

53895.5. (a) An officer of a community redevelopment agency who
fails or refuses to make and file his or her report within 20 days
after receipt of a written notice of the failure from the Controller
shall forfeit to the state:
(1) One thousand dollars ($1,000) in the case of a community
redevelopment agency with total revenue, in the prior year, of less
than one hundred thousand dollars ($100,000), as reported in the
Controller's annual financial reports.
(2) Two thousand five hundred dollars ($2,500) in the case of a
community redevelopment agency with total revenue, in the prior year,
of at least one hundred thousand dollars ($100,000), but less than
two hundred fifty thousand dollars ($250,000), as reported in the
Controller's annual financial reports.
(3) Five thousand dollars ($5,000) in the case of a community
redevelopment agency with total revenue, in the prior year, of at
least two hundred fifty thousand dollars ($250,000), as reported in
the Controller's annual financial reports.
(b) An officer of a community redevelopment agency who fails or
refuses to make and file his or her report within 20 days after
receipt of a written notice of the failure from the Controller in the
second or more consecutive year shall forfeit to the state:
(1) Two thousand dollars ($2,000) in the case of a community
redevelopment agency with total revenue, in the prior year, of less
than one hundred thousand dollars ($100,000), as reported in the
Controller's annual financial reports.
(2) Five thousand dollars ($5,000) in the case of a community
redevelopment agency with total revenue, in the prior year, of at
least one hundred thousand dollars ($100,000), but less than two
hundred fifty thousand dollars ($250,000), as reported in the
Controller's annual financial reports.
(3) Ten thousand dollars ($10,000) in the case of a community
redevelopment agency with total revenue, in the prior year, of at
least two hundred fifty thousand dollars ($250,000), as reported in
the Controller's annual financial reports.
(c) In the case of a community redevelopment agency that fails or
refuses to make and file its report within 20 days after receipt of a
written notice of the failure from the Controller in the third or
more consecutive year, the Controller shall conduct or cause to be
conducted an independent financial audit report consistent with the
requirements of Section 33080.1 of the Health and Safety Code. The
community redevelopment agency shall reimburse the Controller for the
cost of complying with this subdivision. The community redevelopment
agency shall not use any of the funds in the Low and Moderate Income
Housing Fund to reimburse the Controller.
(d) (1) Upon the request of the Controller, the Attorney General
shall prosecute an action for the forfeiture in the name of the
people of the State of California.
(2) Upon a satisfactory showing of good cause, the Controller may
waive the penalties for late filing provided in this section.
(e) A community redevelopment agency that makes a forfeiture or
payment pursuant to this section shall still file the report required
pursuant to Section 53891.

53895.7. (a) For the purpose of this section, "agency" means any
agency or entity formed pursuant to the Joint Exercise of Powers Act
(Article 1 (commencing with Section 6500) of Chapter 5 of Division 7
of Title 1) that issues conduit revenue bonds.
(b) An officer of an agency who fails or refuses to make and file
his or her report pursuant to this article within 20 days after
receipt of a written notice of the failure from the Controller shall
forfeit to the state:
(1) One thousand dollars ($1,000) in the case of an agency with
total revenue, in the prior year, of less than one hundred thousand
dollars ($100,000), as reported in the Controller's annual financial
reports.
(2) Two thousand five hundred dollars ($2,500) in the case of an
agency with total revenue, in the prior year, of at least one hundred
thousand dollars ($100,000), but less than two hundred fifty
thousand dollars ($250,000), as reported in the Controller's annual
financial reports.
(3) Five thousand dollars ($5,000) in the case of an agency with
total revenue, in the prior year, of at least two hundred fifty
thousand dollars ($250,000), as reported in the Controller's annual
financial reports.
(c) An officer of an agency who fails or refuses to make and file
his or her report within 20 days after receipt of a written notice of
the failure from the Controller in the second or more consecutive
year shall forfeit to the state:
(1) Two thousand dollars ($2,000) in the case of an agency with
total revenue, in the prior year, of less than one hundred thousand
dollars ($100,000), as reported in the Controller's annual financial
reports.
(2) Five thousand dollars ($5,000) in the case of an agency with
total revenue, in the prior year, of at least one hundred thousand
dollars ($100,000), but less than two hundred fifty thousand dollars
($250,000), as reported in the Controller's annual financial reports.
(3) Ten thousand dollars ($10,000) in the case of an agency with
total revenue, in the prior year, of at least two hundred fifty
thousand dollars ($250,000), as reported in the Controller's annual
financial reports.
(d) In the case of an agency that fails or refuses to make and
file its report within 20 days after receipt of a written notice of
the failure from the Controller in the third or more consecutive
year, the Controller shall conduct, or cause to be conducted, an
independent financial audit report consistent with the requirements
of Section 6505. The agency shall reimburse the Controller for the
cost of complying with this subdivision.
(e) (1) Upon the request of the Controller, the Attorney General
shall prosecute an action for the forfeiture in the name of the
people of the State of California.
(2) Upon a satisfactory showing of good cause, the Controller may
waive the penalties for late filing provided in this section.
(f) An agency that makes a forfeiture or payment pursuant to this
section shall still file the report required pursuant to Section
53891.

53896. An officer of a local agency wilfully refusing to make such
a report is guilty of a misdemeanor.

53897. Whenever, under the provisions of Section 12463.1, reports
of financial transactions are required to be furnished to the
Controller from districts which make comprehensive annual financial
reports to the State Treasurer, the provisions of this article shall
be satisfied if a copy of the report to the State Treasurer is
furnished to the Controller within the time limits specified herein.