BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 410


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          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  








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            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  








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          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)









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          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









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          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