BILL NUMBER: SB 796 CHAPTERED
BILL TEXT
CHAPTER 686
FILED WITH SECRETARY OF STATE OCTOBER 7, 2005
APPROVED BY GOVERNOR OCTOBER 7, 2005
PASSED THE SENATE SEPTEMBER 7, 2005
PASSED THE ASSEMBLY AUGUST 31, 2005
AMENDED IN ASSEMBLY AUGUST 25, 2005
AMENDED IN ASSEMBLY AUGUST 15, 2005
AMENDED IN SENATE MAY 31, 2005
AMENDED IN SENATE MAY 10, 2005
AMENDED IN SENATE MAY 3, 2005
AMENDED IN SENATE APRIL 18, 2005
INTRODUCED BY Senator Figueroa
(Principal coauthors: Senators Ducheny and Murray)
FEBRUARY 22, 2005
An act to add and repeal Article 10 (commencing with Section
11364) of Chapter 3.5 of Division 3 of Title 2 of, and to add and
repeal Chapter 22.5 (commencing with Section 7528) of Division 7 of
Title 1 of, the Government Code, relating to state government
operations.
LEGISLATIVE COUNSEL'S DIGEST
SB 796, Figueroa State government operations: accountability.
Existing law generally sets forth the duties and responsibilities
of the head of any state agency, department, board, commission,
bureau, or program.
This bill would enact the Government Modernization, Efficiency,
Accountability, and Transparency Act of 2005, which, among other
things, would require, until January 1, 2012, every state agency that
issues permits or licenses or accepts applications, proposals, bids,
or similar requests, to post on a Web site, no later than January 1,
2007, "customer service" links that contain, among other things,
specified information for frequently asked questions, forms and
applications, and instructions for filing complaints in electronic
format via the Internet.
This bill would require, until January 1, 2012, among other
things, that applicable bulletins and notices required pursuant to
the Administrative Procedure Act and the Bagley-Keene Open Meeting
Act and notices of all public meetings and agendas be posted on the
respective government Web sites of these state agencies no later than
January 1, 2007. The bill would require, to the extent practicable,
that hearings on proposed regulations be televised over the Internet
via a Web cast or other technology.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
Government Modernization, Efficiency, Accountability, and
Transparency Act of 2005.
SEC. 2. Chapter 22.5 (commencing with Section 7528) is added to
Division 7 of Title 1 of the Government Code, to read:
CHAPTER 22.5. CALIFORNIA TAXPAYERS' RIGHT TO CUSTOMER SERVICE
7528. (a) In addition to any other requirement, every state
agency, as defined in Section 11000, that issues permits or licenses
or accepts applications, proposals, bids, or similar requests shall
post on a Web site, no later than January 1, 2007, "customer service"
links to the following information:
(1) A link entitled "frequently asked questions" that answers
questions about how to obtain a permit or license or have an
application granted and how to appeal the denial of a permit,
license, or application.
(2) A link for forms and applications and appeal-related documents
that are available in a format that permits them to be downloaded
and printed from the state agency's Web site.
(3) A link with instructions on how individuals may file
complaints, including via electronic means, related to issues under
the jurisdiction of the state agency.
(b) Nothing in this chapter shall affect the discretion of a state
agency to post on the Internet information in addition to what is
required to be disclosed by this chapter.
(c) The requirements of this chapter only apply to state agencies
that otherwise have an Internet Web site and are in addition to any
other information that is otherwise required by law.
7528.1. This chapter shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 3. Article 10 (commencing with Section 11364) is added to
Chapter 3.5 of Division 3 of Title 2 of the Government Code, to read:
Article 10. California Taxpayers' Right to Self-Governance and
Participation
11364. (a) In addition to any other requirement, every state
agency, as defined in Section 11000, shall post on its homepage of
its Web site, no later than January 1, 2007, a link entitled
"Decisions Pending and Opportunities for Public Participation" where
the link contains all of the following information:
(1) All applicable bulletins and notices required pursuant to this
chapter.
(2) Notices of all public meetings and agendas. This information
shall be posted in compliance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Division 3 of Title
2), the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Division 3 of Title 2) or other applicable
provisions of law, but no later than 10 days before the meeting where
the regulatory action is on the agenda.
(3) Instructions on how the public may submit written comments or
otherwise participate in administrative procedures, meetings, and
hearings with a link entitled "How to Participate."
(4) A link to the text of all regulations and statutes related to
current bulletins and notices entitled "Laws and Regulations Relevant
to Current Public Proceedings." This requirement can be met by a
link to another Web site containing the proposed regulation or
statute.
(5) A link that provides an opportunity for the public to comment
on draft regulations pursuant to this chapter through electronic mail
or by facsimile entitled "Submit Your Comments on Draft Regulations
Here."
(b) Every state agency shall, to the extent practicable and can be
done utilizing existing resources, have hearings on proposed
regulations televised over the Internet via a Web cast or other
technology.
(c) (1) The requirements of this article only apply to state
agencies that otherwise have an Internet Web site and are in addition
to any other information that is otherwise required by law.
(2) Nothing in this article shall affect the discretion of a state
governmental entity to do either of the following:
(A) Post on its Web site or the Internet information in addition
to what is required to be disclosed by this article.
(B) Post accurate, useful, and explanatory plain language
information.
11365. This article shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.