BILL ANALYSIS Ó AB 410 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW Rudy Salas, Chair AB 410 (Obernolte) - As Amended April 27, 2015 SUBJECT: Documents submitted to legislative committees SUMMARY: Requires a state agency to post on its websites any report the state agency is required by law to submit to a committee of the Legislature. Defines report as any study or audit, or any budget change proposal (BCP) that has been approved by the Department of Finance (DOF) and submitted to a budget committee of the Legislature. EXISTING LAW: 1)Requires a state agency that submits a report required or requested by law to the Legislature to also post the report on its website. 2)Allows BCPs to remain confidential until they are approved by DOF and released to the Legislature as part of the budget process. 3)Keeps draft versions of BCPs that are not approved by DOF and not released to the Legislature confidential indefinitely and AB 410 Page 2 makes them subject to release only if the Governor's Office waives its privilege or pursuant to a court order. FISCAL EFFECT: Unknown COMMENTS: A state agency that currently submits a report that is required or requested by law to the Legislature must also post the report on its website. These requirements, set in Government Code section 9795, define a report as any study or audit. This bill extends the posting requirement to reports submitted to a committee of the Legislature as well. Specifically, this bill requires an agency to post on its website any report that is required by law to be submitted to a legislative committee. According to the author, this bill is meant to increase transparency. This bill defines reports as any study or audit, or any BCP that has been approved by DOF and submitted to a budget committee of the Legislature. While the number of reports required by law to be submitted to committees is unknown, it appears as though many agencies already post many audits and studies on their websites. However, BCPs are not generally posted on agency websites. DOF defines a BCP as "a proposal to change the level of service or funding sources for activities authorized by the Legislature, or to propose new program activities not currently authorized." BCPs help shape the budget process. When preparing a BCP, a department is required to summarize the identified problem or issues the proposal is meant to resolve, specify resources AB 410 Page 3 needed, provide justification for the change, present expected outcomes, and analyze feasible alternatives. After departments prepare BCPs, they submit them to DOF for review and discussion. Some BCPs are rejected. Others are approved while others are discussed and changed. During the review and drafting process, BCPs are generally held confidential as working papers subject to the Governor's deliberative process privilege. BCPs that are ultimately used to support the Governor's budget proposals are signed off on by DOF staff and submitted to budget committees of the Legislature. The BCP cover sheet includes the date that the BCP is submitted to the Legislature. Upon submission to the Legislature, DOF no longer considers BCPs confidential and they are provided upon request. This bill will not change when BCPs become public. Instead, the author explains that the posting of BCPs required by this bill will allow for enhanced public access. Currently, DOF posts budget proposals, final budgets, and budget related documents like budget letters on its website. However, it does not post BCPs that have been submitted to budget committees of the Legislature, as this bill would require. REGISTERED SUPPORT / OPPOSITION: Support (previous version) AB 410 Page 4 California Chamber of Commerce California Business Properties Association California Hotel and Lodging Association California Manufacturers and Technology Association Camarillo Chamber of Commerce Chamber Alliance of Ventura and Santa Barbara Counties Consumer Specialty Products Association El Centro Chamber of Commerce and Visitors Bureau Family Business Association Fullerton Chamber of Commerce Industrial Environmental Association National Federation of Independent Business Orange Chamber of Commerce AB 410 Page 5 Santa Maria Valley Chamber of Commerce and Visitor & Convention Bureau USANA Health Services Western Electrical Contractors Association Opposition None on file Analysis Prepared by:Scott Herbstman / A. & A.R. / (916) 319-3600