AB 1365 Assembly Bill

BILL NUMBER: AB 1365	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2013

INTRODUCED BY   Assembly Member John A. Pérez

                        FEBRUARY 22, 2013

   An act to amend Sections 9795 and 10242.5 of the Government Code,
relating to agency reports.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1365, as amended, John A. Pérez. State and local agency
 reports: submission to   reports: 
Legislative Counsel.
   Existing law requires the Legislative Counsel to annually prepare,
publish, and maintain an electronic 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.  Existing law requires
this list to include, for each report, the date on which the report
was completed and filed. Existing law requires the Legislative
Counsel to update the list of agency reports by removing obsolete
reports from the list. Existing law requires the Legislative Counsel
to make the list available to the public and to send the list to each
Member of the Legislature.  Existing law requires state and
local agencies to file a printed copy of these reports with the
Legislative Counsel.
    This   bill would require the Legislative Counsel to
make the list of agency reports available to the public by posting
it on an Internet Web site. This bill would authorize state and
local agencies to file these reports with the Legislative Counsel
electronically.  If an electronic report is posted on an Internet
Web site, the agency filing the report would be required to provide
the Legislative Counsel with a hyperlink whereby the report could be
accessed. The bill would require the Legislative Counsel  
to include the hyperlink provided by the agency on the Internet Web
site created to maintain an electronic list of agency reports. 

    The bill would require that the Legislative Counsel's list of
agency reports include information regarding the date on which the
report was filed with the Legislative Counsel and would no longer
require information regarding the completion date of the report. The
bill would remove the requirement that the Legislative Counsel delete
obsolete reports from the list of agency reports. This bill would
remove the requirement that the Legislative Counsel provide the list
to each Member of the Legislature, and would instead require that the
Legislative Counsel annually provide to each Member of the
Legislature a hyperlink whereby the list of reports could be
accessed. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9795 of the Government Code is amended to read:

   9795.  (a) (1) 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 generally, shall instead be submitted as a printed
copy to the Secretary of the Senate, as an electronic copy to the
Chief Clerk of the Assembly, and as an electronic or printed copy to
the Legislative Counsel. Each report shall include a summary of its
contents, not to exceed one page in length. If the report is
submitted by a state agency, that agency shall also provide an
electronic copy of the summary directly to each member of the
appropriate house or houses of the Legislature. Notice of receipt of
the report shall also be recorded in the journal of the appropriate
house or houses of the Legislature by the secretary or clerk of that
house.
   (2) In addition to and as part of the information made available
to the public in electronic form pursuant to Section 10248, the
Legislative Counsel shall make available a list of the reports
submitted by state and local agencies, as specified in paragraph (1).
If the Legislative Counsel receives a request from a member of the
public for a report contained in the list, the Legislative Counsel is
not required to provide a copy of the report and may refer the
requester to the state or local agency, as the case may be, that
authored the report, or to the California State Library as the final
repository of public information.
   (b) No report shall be distributed to a Member of the Legislature
unless specifically requested by that  member  
Member  .
   (c) Compliance with subdivision (a) shall be deemed to be full
compliance with subdivision (c) of Section 10242.5.
   (d) A state agency report and summary subject to this section
shall include an Internet Web site where the report can be downloaded
and telephone number to call to order a hard copy of the report. A
report submitted by a state agency subject to this section shall also
be posted at the agency's Internet Web site.
   (e) For purposes of this section, "report" includes any study or
audit.
  SEC. 2.  Section 10242.5 of the Government Code is amended to read:

   10242.5.  (a) The Legislative Counsel shall annually prepare,
publish, and maintain an electronic 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, or both, in the future or
within the preceding year. The list shall include all of the
following information:
   (1) The name of the agency that is required or requested to
prepare and file the report.
   (2) A brief description of the subject of the report.
   (3) The date on which the report is to be completed and filed.
   (4) The date on which the report was  completed and
 filed  with the Legislative Counsel  .
   (b)  Each list by the   The  Legislative
Counsel  prepared pursuant to subdivision (a) shall be sent
to each Member of the Legislature and  shall  be
  make the list of reports  available to the public
 on an Internet Web site and shall annually provide to each
Member of the Legislature a hyperlink to the Internet Web site
whereby the list can be accessed  .  The Legislative
Counsel may charge a member of the public a fee that does not exceed
the direct cost of printing the list. 
   (c)  (1)    Each state and local agency that is
required or requested by law to prepare a report described in
subdivision (a) shall file a printed or electronic copy of the report
with the Legislative Counsel.  If an electronic copy of a report
is filed, and the report is posted on an Internet Web site, the
agency filing the electronic copy   shall provide to the
Legislative Counsel a hyperlink whereby the report may be accessed.
 
    (2) The Legislative Counsel shall include, on the Internet Web
site it maintains for purposes of this section, any hyperlinks
provided by state and local agencies pursuant to paragraph (1). 

   (d) As used in this section:
   (1) "Agency" includes any city, county, special district,
department, board, bureau, or commission, including any task force or
other similar body that is created by statute or resolution. "Agency"
does not include the University of California.
   (2) "Report" includes any study or audit.
   (e)  (1)    The Legislative
Counsel shall update the list required by subdivision (a) by removing
 obsolete or  duplicate reports from the list. The
Legislative Counsel shall also remove reports from the list as
directed by Section 4 of Chapter 7 of the Statutes of 2010, or a
subsequent statute that further requires the Legislative Counsel to
remove reports included in the list. 
   (2) For purposes of this subdivision, "obsolete report" means 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.