BILL ANALYSIS Ó SB 441 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 441 (Wolk) - As Amended June 22, 2016 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|10-0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill exempts from disclosure under the California Public Records Act (CPRA) any unique identifying code used by the public agency to identify a contractor or vendor, unless the identifier is used in a public bidding or an audit involving the SB 441 Page 2 public agency. FISCAL EFFECT: Any costs for state and local agencies to comply with this requirement should be minor and absorbable. COMMENTS: Purpose. This bill is in response to an email scam perpetrated against the City of Dixon, which resulted in the diversion of city payments of up to $1.3 million from the intended contractor's bank account into an account established in another bank by the scammers. According to an investigation of the incident, the city received an email containing the logo of the contractor that had performed work that purported to provide the city with new payment instructions. A subsequent investigation showed that the message was sent from an email address that was quite similar to an email address of the actual contractor. The city assumed the message was legitimate and directed its next payment as instructed, only to discover that the contractor never received payment and had never sent an email with instructions to change the payment method. The city assumed the email was legitimate, in part, because it contained the unique identification code used by the city to identify the contractor for remitting and tracking payments. It is unclear whether or not the scammers obtained the identification number from a public records request, but that was surely a possibility. SB 441, therefore, amends the CPRA to specify that a public agency is not required to disclose any identification number, alphanumeric character, or other unique code that the agency uses to identify a vendor or contractor. The most recent amendments, which addressed concerns raised by SB 441 Page 3 the California Newspaper Publishers Association, specify that this exemption would not apply when the code is used in a public bidding or an audit involving the public agency. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081