BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  AB  
          1585
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis



          AB 1585  Author:  Committee on Accountability and  
          Administrative Review
          As Amended:  January 6, 2010
          Hearing Date:  January 12, 2010
          Consultant:  Art Terzakis


                                     SUBJECT  
                    State Government: reporting requirements

                                   DESCRIPTION
           
          AB 1585 is an  urgency measure  that deletes hundreds of  
          obsolete reports, as specified, and revises the procedure  
          for mandatory reporting requirements by state agencies.   
          Specifically, this measure:   

          1.  Provides that any bill introduced or amended in either  
            house of the Legislature requiring a state agency to  
            submit a report on any subject to either house of the  
            Legislature, a committee or office of either house of the  
            Legislature, or Legislative Counsel must include a  
            provision repealing or making inoperative the reporting  
            requirement no later than a date 4 years following the  
            operative date of the bill or 4 years after the due date  
            of any report required every 4 or more years.  [Reports  
            are due on different schedules (e.g., two, three, four or  
            even five and ten year cycles).  This  sunset  requirement  
            is intended to ensure that a report due, for example,  
            every five years will not be repealed until four or more  
            years after the due date.  Theoretically, this would  
            provide ample time to effect obtaining the information  
            via budget or legislative means.]

          2.  Also, requires Legislative Counsel, in drafting a bill  
            that imposes a reporting requirement to include a  




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            provision that repeals or makes obsolete the reporting  
            requirement, 4 years after the date on which the  
            requirement becomes operative, unless the person  
            requesting the bill or amendment directs Legislative  
            Counsel to do otherwise, as specified.  
                      
          3.  Modifies an existing provision of law that requires  
            Legislative Counsel to prepare and publish annually a  
            list of all reports that state and local agencies are  
            required or requested by law to prepare and file with the  
            Governor or the Legislature and instead requires  
            Legislative Counsel to annually prepare and maintain an  
            "electronic list" (list) of all such reports, including  
            updating the list by removing obsolete or duplicate  
            reports, as directed by this bill, or a subsequent  
            statute that further requires Legislative Counsel to  
            remove reports included in the list.
          4.  Provides that any report required or requested by law  
            to be submitted by a state or local agency to the Members  
            of either house of the Legislature must instead be  
            submitted as a printed copy to Legislative Counsel and to  
            both the Secretary of the Senate and the Chief Clerk of  
            the Assembly as "electronic copies."   Also, requires an  
            agency to provide a  one-page electronic summary  directly  
            to each member of the Legislature rather than a full copy  
            now that reports are available electronically. 

          5.  Declares that the requirement to delete a report  
            pursuant to this bill shall not prohibit Legislative  
            Counsel from including the report on a future publication  
            of the list, if the report is required by law to be  
            listed.

          6.  Defines "obsolete report" to mean a report that has not  
            been completed and filed and for which the date that the  
            report was required to be completed and filed was four or  
            more years after the initial report is submitted.

          7.  Authorizes Legislative Counsel to direct public  
            inquiries for reports to the appropriate state agency or  
            to the California State Library as the final repository  
            of public information.

          8.  Contains a listing of existing reports, as specified,  
            identified as obsolete to be deleted by Legislative  
            Counsel.




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                                   EXISTING LAW

           Existing law requires or requests various state and local  
          agencies to submit reports on specified topics to the  
          Legislature, the Governor, or both.

          Existing law requires a report that is to be made to the  
          Members of either house of              the Legislature to  
          instead be submitted to the Legislative Counsel, the  
          Secretary              of the Senate, and Chief Clerk of  
          the Assembly and a hard copy summary sent to each member of  
          the Legislature.

          Each of these reports is required to include a summary of  
          its contents, which the Legislative Counsel is required to  
          provide to each Member of the appropriate house of the  
          Legislature.

          Existing law also requires the Legislative Counsel to  
          prepare and publish a list of all the reports that state  
          and local agencies are required to submit, and upon  
          request, to provide aid and assistance to any Member of the  
          Legislature with respect to a bill, resolution, or measure,  
          including drafting a bill into its proper form.

                                    BACKGROUND
           
           Legislative Counsel Reporting Compliance Process:    
          Currently, a Web site is maintained by Legislative Counsel  
          pursuant to the requirements of Government Code Section  
          10242.5 which named Legislative Counsel as the repository  
          for all legislative reports.  Existing law requires state  
          and local agencies to submit reports to Legislative  
          Counsel, the Secretary of the Senate, and the Chief Clerk  
          of the Assembly.  To fulfill this requirement, agencies  
          send hard copies of reports to Legislative Counsel.  
          When a report is received by the Legislative Counsel, the  
          title, date received and an URL for the report (if provided  
          by the agency) are entered on the Agency Reports Web site.   
          Hard copies of reports are then sent to the Government  
          Publications Section of the State Library for cataloging  
          and retention.  

          Each report must include a one-page summary of its  
          contents, which Legislative Counsel is required to be  




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          distributed to each member of the appropriate house of the  
          Legislature within two working days of its receipt.  Notice  
          of receipt must also be recorded in the journal of the  
          appropriate house.  


          The Web site (http  ://www.agencyreports.ca.gov/)  contains a  
          list of all reports that state and local agencies are  
          required or requested by law to prepare and file with the  
          Governor, the Legislature, or both, in the future or in  
          preceding years by searching for completed reports by  
          agency or report name.  Legislative Counsel staff reviews  
          chaptered bills, ballot propositions passed at elections,  
          and the Legislative Analyst's Supplemental Report of the  
          Budget to determine new report requirements and changes to  
          report requirements.  The Web site is updated accordingly.


           Purpose of bill:   AB 1585, authored by the entire  
          membership of the Assembly Accountability and  
          Administrative Review Committee (Committee), would: (1)  
          delete nearly 1,500 obsolete reporting requirements from  
          the list of over 2,800 reports maintained by Legislative  
          Counsel; (2) revise the method for receiving and cataloging  
          mandated reports; and, (3) require any new report  
          requirement to include a sunset date, as specified.  More  
          than 160 governmental entities, including commissions, and  
          boards, are included in this bill.  This bill is a result  
          of a hearing held by the Committee in February of 2009,  
          examining reporting requirements of state agencies and  
          compliance in fulfilling those requirements.

          At the time of the hearing, the Committee noted that there  
          were nearly 3,000 mandated reports due according to the  
          Legislative Counsel site.  As a result of the Committee's  
          review, staff discovered that reports had been completed  
          and submitted in accordance with the law yet Legislative  
          Counsel had no record. The Committee also found reports  
          that were deferred during funding moratoriums listed as  
          due.  Additionally, the Committee found duplicate listings  
          for the same reports.  Furthermore, the Committee  
          encountered reports listed as due annually that have not  
          been done for years because the program is no longer in  
          existence or it is not funded, or the responsible  
          department knows it is no longer wanted but the requirement  
          remains so they are doing the reports.




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          An example of an obsolete report is one required annually  
          by the Secretary of State to report to the Governor  
          disclosing all expenditures and activities from the  
          previous year.  The last time the report was completed was  
          in 1936 and it lists the number of reams of colored voting  
          paper purchased, and other elements no longer considered  
          relevant.  There are also reports still required relative  
          to Y2K.  There are reports still required relative to the  
          1976 spike in gas prices.

          The Committee estimates a savings of $5 - 8 million that  
          can be redirected into the core mission of the affected  
          agencies.
                                         
                           PRIOR/RELATED LEGISLATION
           
           AB 1311 (Duvall), Chapter 284, Statutes of 2009.   Repealed  
          and revised various reporting requirements for the  
          Department of General Services, State Architect, and Fair  
          Employment and Housing Commission.  

           SB 1443 (Oller) 2001-02 Session.   Would have required state  
          or local agency reports or studies to be submitted  
          electronically to the Legislature or Legislative Counsel  
          and provided that no state or local agency would be  
          required to prepare and submit any written report to the  
          Legislature or the Governor until July 1, 2003. (Held in  
          Senate Committee on Governmental Organization)
          
           SB 392 (Oller) of 2001-02 Session.   Would have amended and  
          deleted several unnecessary and burdensome reporting  
          requirements that the Secretary of State and many other  
          agencies must make to the Governor and Legislature each  
          year.  (Returned without signature because it would have  
          repealed the annual report to the Governor on the progress  
          of maintenance of State records.)
          
           SB 1191 (Speier), Chapter 745, Statutes of 2001  .  Deleted  
          approximately 400 provisions requiring state and local  
          agencies to prepare and submit reports deemed to be no  
          longer relevant or necessary.

           AB 116 (Speier) Chapter 970, Statutes of 1996  .  Continued  
          the suspended reporting requirements enacted by AB 2824  
          (Speier) of 1992.




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           AB 2824 (Speier) Chapter 710, Statutes of 1992  .  Suspended  
          reporting requirements for three years of some 1,200  
          reports.

           SUPPORT:   None on file.

           OPPOSE:   None on file.                         

           FISCAL COMMITTEE:   Senate Appropriations Committee

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