BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1899|
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THIRD READING
Bill No: AB 1899
Author: Eng (D), et al
Amended: 8/10/10 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 7-1, 6/29/10
AYES: Wright, Calderon, Florez, Negrete McLeod, Padilla,
Price, Yee
NOES: Harman
NO VOTE RECORDED: Denham, Oropeza, Wyland
SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Walters, Wyland
ASSEMBLY FLOOR : 49-27, 6/3/10 - See last page for vote
SUBJECT : State agencies: information: Internet Web
site
SOURCE : Author
DIGEST : This bill requires state agencies, the
Department of General Services and the Office of the Chief
Information Officer 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.
ANALYSIS : Existing law requires public records to be
open to public inspection, subject to specific exemptions.
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This bill:
1. Requires the Office of the State Chief Information
Officer (OCIO) to create and maintain a Reporting
Transparency in Government Internet Web site for
purposes of this bill and requires the Web site to
include instructions for the public on how to obtain
more detailed information for a contract.
2. Exempts certain constitutional officers from the
requirement of posting the information to the Reporting
Transparency in Government Internet Web site, if that
officer posts the required information to his or her
official Internet Web site, as specified.
3. Requires the Department of General Services (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.
4. Defines "summary data" to include, among other contract
characteristics: department name, total price, start and
termination dates, supplier name, quantity and
description.
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 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.
7. 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.
8. Requires DGS and the OCIO to assist state agencies in
complying with the requirements of this bill.
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9. Requires the Office of the Governor to post every
statement of economic interest and travel expense report
of its senior staff and deputies, agency secretaries,
and undersecretaries, department heads to the reporting
Transparency on Government Internet Web site.
10.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."
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Informative technology Minor, initial costs;
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unknown future costs General/
hardware
Special*
Additional workload to Estimated $100 initially,
likely less ongoing General/
post information
Special*
* Technology Services Revolving Fund
SUPPORT : (Verified 8/16/10)
California Labor Federation
California Newspaper Publishers Association
California Public Interest Research Group
Californians Aware
Service Employees International Union, Local 1000
OPPOSITION : (Verified 8/16/10)
Department of Finance
Department of General Services
ARGUMENTS IN SUPPORT : According to the author's office,
this bill intends to mirror the Governor's existing
Executive Order on transparency and place it in statute.
The author's office 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's office is concerned that information which is
completed and kept by individual departments is not readily
accessible to the public.
ARGUMENTS IN OPPOSITION : Finance opposes the bill due to
the costs of significantly expanding the amount of
information to be posted to the reporting Transparency in
Government website by requiring the text of state contracts
to be posted. Contracts can be lengthy and contain
standard clauses. This would result in unknown, but
potentially significant, costs to implement the bill.
Currently the website has a searchable database of all
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state contracts. Information about the vendor, amount,
type of contract and term is online. Interested parties
could contact the contracting department for additional
information.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, De La Torre, De Leon,
Eng, Evans, Feuer, Fong, Fuentes, Furutani, Galgiani,
Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jones,
Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,
Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Conway,
Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,
Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight,
Logue, Miller, Nestande, Niello, Nielsen, Norby, Silva,
Smyth, Tran, Villines
NO VOTE RECORDED: Tom Berryhill, Davis, Audra Strickland,
Vacancy
TSM:dok 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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