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