BILL ANALYSIS
AB 1899
Page 1
ASSEMBLY THIRD READING
AB 1899 (Eng)
As Amended May 28, 2010
Majority vote
BUSINESS & PROFESSIONS 7-3APPROPRIATIONS 12-0
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|Ayes:|Hayashi, Eng, Hernandez, |Ayes:|Fuentes, Ammiano, |
| |Hill, Ma, Nava, Ruskin | |Bradford, |
| | | |Charles Calderon, Coto, |
| | | |Davis, Monning, Ruskin, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Emmerson, Conway, Niello | | |
| | | | |
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SUMMARY : Requires state agencies, the Department of General
Services (DGS), and the office of the State Chief Information
Officer (OCIO) to post specified audits and contracts to the
state's Reporting Transparency in Government Internet Web site
(Reporting Web site). Specifically, this bill :
1)Requires the OCIO, or its successor, to create and maintain
the Reporting Web site, as specified, and include instructions
for the public describing how to obtain more detailing
information for a contract.
2)Requires state agencies to post to the Reporting Web site
every audit of its operations finalized from January 1, 2008,
to December 31, 2010, on or before February 15, 2011.
3)Requires state agencies to post to the Reporting Web site
within 15 calendar days every audit of its operations
finalized on and after January 1, 2011.
4)Requires DGS and OCIO to post summary data regarding any
contract awarded by the state on or after March 31, 2009 and
valued at $5,000 or more, to the Reporting Web site by
February 15, 2011, including but not be limited to the
following information:
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a) The department name;
b) The contract or order number;
c) The total price;
d) The contract start and termination dates;
e) The supplier name;
f) Any special instructions;
g) The supplier classification codes;
h) The acquisition type;
i) The acquisition method;
j) The item total;
aa) The quantity;
bb) The description; and,
cc) The classification codes.
5)Requires a state agency to post to the Reporting Web site
within 15 calendar days of signing by all parties to the
contract, any contract valued at $5,000 or more awarded on and
after January 1, 2011.
6)Requires the office of the Governor to post every statement of
economic interest and travel and expense report of its staff,
agency secretaries, department heads, and any official under
the direct supervision of the Governor to the Reporting Web
site.
7)Requires DGS and the OCIO to assist state agencies in
complying with the requirements of this bill.
8)States that this bill does not require the posting of
information in an audit, including the identity of any
undisclosed expert consultant, that is confidential pursuant
to a court order, the attorney client privilege, or the
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attorney work product exception; or information that if posted
would jeopardize peace officer safety, criminal intelligence
information, ongoing investigatory activities, or any security
procedure, or any information the disclosure of which is
prohibited by law.
9)States that nothing in this bill should be construed to limit
the rights of the public to access information pursuant to the
California Public Records Act (CPRA). Any information
withheld from posting shall be replaced with the phrase, "CPRA
exemption claimed."
10)Defines "audit" to mean any review or evaluation performed by
a state agency on itself or by another entity, including, but
not limited to, the Bureau of State Audits, the Controller,
the Department of Finance, a federal agency with oversight
responsibility of the operations of the state agency, or any
other nongovernmental organization that monitors or oversees
the state agency and that has received public funds.
11)Makes legislative findings.
EXISTING LAW requires public records to be open to public
inspection, subject to specific exemptions.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, there are no significant costs related to this
legislation.
COMMENTS : According to the author's office, "AB 1899 mirrors
the Governor's existing Executive Order on transparency and
places it in statute, including timelines for state agencies to
post information as required and states that assistance which is
currently being provided by the OCIO and DGS shall continue in
this role. Certain exemptions are made for posting materials
that would violate the current exemptions from the Public
Records Act.
"There is a need for transparency in order for Californians to
have a window on how the State is spending its resources and
conducting the people's business. The OCIO has done a good job
in developing a website that will allow the public to view what
each department spends on contracts, recent audits that have
been conducted and expense forms for personnel. This
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information which is completed and kept by individual
departments has not been readily accessible to the public. This
bill will ensure that an easy to use website that reflects
California's leadership in new technology is guaranteed and does
not depend upon who sits in the Governor's chair."
This bill is based upon the Governor's Executive Order S-20-09
of 2009, which expanded the Reporting Web site to include all
program reviews, monitoring and accountability reports,
evaluations, inspections, assessments and studies of audits
conducted by agencies, departments and outside entities dating
back to January 1, 2008. Additionally, the Governor directed
all agencies and departments to provide access to these
documents by ensuring all documents are posted to the Reporting
Web site no later than five working days after completion.
Analysis Prepared by : Rebecca May / B. & P. / (916) 319-3301
FN: 0004655