BILL ANALYSIS AB 206 Page 1 ASSEMBLY THIRD READING AB 206 (Hertzberg) As Amended May 6, 1997 Majority vote CONSUMER PROTECTION 11-1 TELEVISING 5-0 Ayes: Davis, Alquist, Figueroa, Ayes: Alquist, Morrissey, Kuehl, Firestone, Frusetta, Wayne, Woods Machado, Morrissey, Napolitano, Ortiz, Strom-Martin, Wildman Nays: Ackerman APPROPRIATIONS 17-2 Ayes: Migden, Poochigian, Aguiar, Baca, Bordonaro, Cardenas, Granlund, Kuehl, Machado, Papan, Perata, Shelley, Sweeney, Thompson, Thomson, Villaraigosa, Washington Nays: Ackerman, Brewer SUMMARY : Requires state agencies that maintain Internet web sites to make plain-language complaint forms available on their Internet web sites by July 1, 1998, or within six months of establishing a web site. Specifically, this bill : 1) Requires state agencies to allow individuals to register complaints about the performance of the agency or against individuals licensed by their agency electronically via the Internet or by downloading and mailing in the complaint form available on the agency's web site, or both. 2) Requires state agencies to notify individuals who call the agencies that a) complaint forms are available on state Internet web sites and b) public libraries provide free Internet access. 3) Requires state agencies, to the extent feasible, to print their Internet web site addresses in telephone directories. 4) Requires that implementation of this measure must be consistent with the statewide strategy for electronic commerce. 5) Suggests that public libraries, to the extent permitted through donations, provide Internet access and advertise that they provide this access. 6) Ensures that existing whistle blower provisions and procedures to investigate complaints against peace officers are not affected by the measure. AB 206 Page 2 EXISTING LAW : 1) Is silent on the filing of citizen complaints against state agency performance. According to available information, it appears that most state agencies do not have a formal citizen complaint process. Rather, most agencies require citizens to write a letter to the agency director. 2) Requires licensing departments to accept and investigate written complaints against licensees of their department. FISCAL EFFECT : Unknown additional costs to most state agencies to establish and/or modify a web site to accommodate the specified complaint process. These costs would likely exceed several hundred thousand dollars annually, assuming: a) the one-time costs of developing complaint forms and the on-going costs of maintaining complaint forms on state Internet web sites will be a few thousand dollars per agency; and b) the on-going costs of increased workload to respond to citizen complaints could be in the thousands of dollars for each state agency. COMMENTS : According to the author's office, the purpose of this bill is to make it easier for individuals to communicate with and register complaints about state agencies and individuals licensed by the state. This bill tries to accomplish this by providing citizens another method of registering complaints. This bill does not specify how detailed an agency response must be. If agencies are just being required to acknowledge a complaint without providing any other information, the cost of the program may be minimal. However, if the measure contemplates a more thorough response, it should be amended to reflect that expectation. Analysis prepared by : Sailaja Cherukuri / aconpro / (916) 324-7440 FN 031220