BILL ANALYSIS
Bill No: AB
1899
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 1899 Author: Eng
As Amended: May 28, 2010
Hearing Date: June 29, 2010
Consultant: Art Terzakis
SUBJECT
State Agencies: Internet Web site
DESCRIPTION
AB 1899 requires state agencies, the Department of General
Services (DGS) and the Office of the Chief Information
Officer (OCIO) to post audits and summary data regarding
contracts valued at $5,000 or more to the State's Reporting
Transparency in Government Internet Web site.
Specifically, this measure:
1. Requires the OCIO to create and maintain a Reporting
Transparency in Government Internet Web site for purposes
of this measure and requires the Web site to include
instructions for the public on how to obtain more
detailed information for a contract.
2. Requires DGS and the OCIO, by February 15, 2011, to
post summary data regarding any contract awarded by the
state on or after March 31, 2009, valued at $5,000 or
more to the state's Reporting Transparency in Government
Internet Web site.
3. Defines "summary data" to include, among other contract
characteristics: department name, total price, start and
termination dates, supplier name, quantity and
description.
4. Requires a state agency to post to the Reporting Web
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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.
5. Requires state agencies, by February 15, 2011, to post
all audits of its operations as defined, finalized from
January 1, 2008, through December 31, 2010, to the
state's Reporting Transparency in Government Web site.
6. 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.
7. Requires DGS and the OCIO to assist state agencies in
complying with the requirements of this measure.
8. Requires the Office of the Governor to post every
statement of economic interest and travel expense report
of its staff, agency secretaries, department heads and
any official under the direct supervision of the Governor
to the Reporting Web site.
9. Includes a provision that information deemed
confidential as specified would be exempt from the
posting requirements. Makes it explicit that the
exemption is not meant to limit the rights of the public
to access information subject to the California Public
Records Act (CPRA) and any information withheld from the
posting must be replaced with the phrase "CPRA exemption
claimed."
EXISTING LAW
Existing law requires public records to be open to public
inspection, subject to specific exemptions.
BACKGROUND
Purpose of AB 1899: According to the author's office, this
measure is intended to mirror the Governor's existing
Executive Order on transparency and place it in statute.
The author contends, "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 author is concerned that information which is completed
and kept by individual departments is not readily
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accessible to the public.
Governor's Executive Order S-20-09: The executive order
requires that state agencies and departments post to the
Reporting Government Transparency Web site program reviews,
monitoring and accountability reports, evaluations,
inspections, assessments and studies of their operations
dating back to January 1, 2008. In addition, it requires
that agency and department web pages provide easy access to
these documents. Departments and agencies are required to
post future documents to the Reporting Government
Transparency Web site within 5 working days of
finalization.
Governor's Executive Order S-08-09: This executive order
requires, starting June 19, 2009, DGS and the OCIO ensure
that all awarded contracts valued at $5,000 or more dating
to March 2009, are placed on the Reporting Government
Transparency Internet Web site.
PRIOR/RELATED LEGISLATION
AB 2403 (Strickland) 2009-10 Session. Would have required
state agencies, DGS and the OCIO to post specified audits
and contracts to the state's Reporting Transparency in
Government Web site. (Held in Assembly Appropriations
Committee)
AB 756 (Eng) 2009-10 Session. Would have required every
state agency, except as specified, to provide a link to a
centrally located and accessible state-run Internet website
that includes a listing of personal services and consulting
services contracts that it entered into during the previous
fiscal year. (Vetoed - Governor's message stated, "While I
am supportive of greater transparency in government, this
legislation would be duplicative of current reporting
practices and increases workload and costs to departments
at a time when the state continues to experience a
significant budget shortfall).
AB 1194 (Strickland) 2009-10 Session. Would have required
each state department and agency to develop and operate an
Internet Web site accessible by the public that includes
specified information relating to expenditure of state
funds, defined to include, among other things, grants,
contracts, subcontracts, purchase orders, and tax refunds
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rebates, and credits. (Held in Senate Appropriations
Committee)
SB 502 (Walters) 2009-10 Session. Would have required a
state agency to develop and operate a publicly accessible
and searchable Web site containing specified information
detailing expenditures by that agency of state funds.
(Held in this Committee at author's request)
SB 719 (Huff) 2009-10 Session. Would have enacted the
Taxpayer Transparency Act of 2009 and would have required
each state department and agency to develop and operate a
searchable Internet Web site accessible by the public that
includes specified information relating to expenditure of
state funds including contracts, grants, purchase orders,
subcontracts, and tax refunds, rebates and credits. (Held
in Senate Appropriations)
AB 2603 (Eng) 2007-08 Session. Would have required state
agencies to prepare an annual report for the Department of
Finance listing personal services and consulting services
contracts, entered into by the agency in the previous
fiscal year. (Held on Senate Appropriations Suspense File)
SB 1331 (Oropeza) 2007-08 Session. Would have required the
Governor to submit to the Legislature, as part of the state
budget, information regarding current and proposed service
contracts with a value of $5,001 or more. (Held in Senate
Rules Committee)
SB 1494 (McClintock and Florez) 2007-08 Session. Would
have required each state department and agency to publish a
Website that provides details on expenditures over $1,000
in a searchable format. (Held on Senate Appropriations
Suspense File)
SB 1596 (Yee) 2007-08 Session. Would have required the
Regents of the University of California to establish a
contractor responsibility program and to establish a
centralized contract information data warehouse, as
specified. (Held on Senate Appropriations Suspense File)
SUPPORT: As of June 25, 2010:
Service Employees International Union (SEIU) Local 1000
Californians Aware
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California Labor Federation
California Newspaper Publishers Association
OPPOSE: None on file as of June 25, 2010.
FISCAL COMMITTEE: Senate Appropriations Committee