BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 441  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 441  
          (Wolk) - As Amended June 22, 2016


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          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  


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          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  


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          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