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