BILL NUMBER: AB 172 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 9, 2011
AMENDED IN SENATE SEPTEMBER 7, 2011
AMENDED IN SENATE SEPTEMBER 1, 2011
AMENDED IN SENATE JULY 13, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Eng
(Principal coauthor: Assembly Member Gatto)
(Coauthors: Assembly Members Portantino and Solorio)
(Coauthor: Senator Leno)
JANUARY 20, 2011
An act to add Sections 11004.4, 11004.5, 11004.6, and 11004.7 to
the Government Code, relating to state agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 172, Eng. State agencies: information: Internet Web site.
Existing law requires, subject to specific exemptions, public
records to be open to public inspection.
This bill would require the California Technology Agency to create
and maintain a Reporting Transparency in Government Internet Web
site, as prescribed. It would require, subject to specific
exemptions, state agencies to post specified audits to that Internet
Web site for a period of 3 years, and would require the Department of
General Services, the California Technology Agency, and other state
agencies to post specified summary data regarding contracts awarded
by the state to that Internet Web site, for the length of the
contract. The bill would exempt certain state 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.
This bill would specify that the Reporting Transparency in
Government Internet Web site shall only remain in operation until the
Financial Information System for California (FISCal) is operative
and available for public use.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Transparency is fundamental to promoting efficiency and
effectiveness in state government and strengthening the democratic
process by giving citizens enough information to reach their own
conclusions about how their tax dollars are being spent.
(b) Audits of state agencies and their operations can provide
objective and measurable performance reviews and identify and correct
inefficient or wasteful practices.
(c) Californians seeking information on state governmental
operations are often frustrated because a myriad of oversight
entities perform audits of state agencies, and the information can be
difficult to access due to the lack of an Internet Web-based,
central inventory of audits.
(d) Many internal audits that state agencies perform on their own
operations are finalized but never made public.
(e) Billions of dollars in state contracts are entered into each
year to purchase goods and services for the people of California, and
posting summary data regarding contracts on the Internet is an
effective way to help ensure that taxpayers are getting the best
value and that services are being provided in an efficient manner.
(f) The Legislature's continuing commitment to promoting
transparency in state government is especially critical while
California's economy continues to struggle.
SEC. 2. Section 11004.4 is added to the Government Code, to read:
11004.4. (a) (1) The California Technology Agency, or its
successor, shall create and maintain a Reporting Transparency in
Government Internet Web site for the purposes described in Sections
11004.5 and 11004.6.
(2) The Reporting Transparency in Government Internet Web site
shall only remain in operation until the Financial Information System
for California (FISCal) is operative and available for public use.
(b) In addition to the information required pursuant to Sections
11004.5 and 11004.6, the Reporting Transparency in Government
Internet Web site shall also include instructions for the public that
describe how a person may obtain more detailed information for a
contract.
(c) (1) Neither the Lieutenant Governor, nor the Attorney General,
Secretary of State, Treasurer, Insurance Commissioner, or Controller
is required, pursuant to Sections 11004.5 and 11004.6, to post
information to the Reporting Transparency in Government Internet Web
site, if that officer posts the information required by those
sections on his or her official Internet Web site.
(2) If the officer, acting pursuant to paragraph (1), determines
that information in a contract is exempt from disclosure pursuant to
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1), then the officer shall post
the following information on his or her official Internet Web site:
(A) The contract number.
(B) The phrase "CPRA exemption claimed."
(C) Other identifying information sufficient to enable a person to
submit a request for the information pursuant to the California
Public Records Act, for purposes of testing the exemption claimed for
the information.
(3) If an officer listed in paragraph (1) chooses, pursuant to
this subdivision, to post the required information to his or her
official Internet Web site, then the Secretary of California
Technology shall provide a clearly labeled link to that Internet Web
site on the Reporting Transparency in Government Internet Web site.
SEC. 3. Section 11004.5 is added to the Government Code, to read:
11004.5. (a) On or before February 15, 2012, a state agency shall
post to the Reporting Transparency in Government Internet Web site
every audit of its operations finalized from January 1, 2009, to
December 31, 2011, inclusive.
(b) Within 15 calendar days of finalization, a state agency shall
post to the Reporting Transparency in Government Internet Web site
every audit of its operations finalized from January 1, 2012, and
forward.
(c) For purposes of this section, "audit" shall mean any review or
evaluation performed by a state agency on itself, or on the state
agency 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 nongovernmental organization that monitors or oversees
the state agency and that has received public funds for the purpose
of auditing that state agency.
(d) The Department of General Services and the California
Technology Agency shall assist a state agency in complying with the
requirements of this section.
(e) This section shall not require the posting of information
contained in an audit, including, but not limited to, the identity of
any undisclosed expert consultant, that is confidential pursuant to
a court order, the attorney-client privilege, or the 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. Nothing in
this section shall be construed to limit the rights of the public to
access information pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), or Section 3 of Article I of the California Constitution. Any
information withheld from posting shall be replaced with the phrase,
"CPRA exemption claimed."
SEC. 4. Section 11004.6 is added to the Government Code, to read:
11004.6. (a) On or before February 15, 2012, the Department of
General Services and the California Technology Agency shall post
summary data regarding any contract awarded by the state on or after
March 31, 2010, valued at five thousand dollars ($5,000) or more to
the Reporting Transparency in Government Internet Web site. For
purposes of this section, summary data regarding a contract shall
include, but not be limited to, all of the following:
(1) The department name.
(2) The contract or order number.
(3) The total price.
(4) The contract start and termination dates.
(5) The supplier name.
(6) Any special instructions.
(7) The supplier classification codes.
(8) The acquisition type.
(9) The acquisition method.
(10) The item total.
(11) The quantity.
(12) The description.
(13) The classification codes.
(b) Within 15 calendar days of signing by all parties to the
contract, a state agency shall post to the Reporting Transparency in
Government Internet Web site summary data regarding any contract it
awarded from January 1, 2012, and forward that is valued at five
thousand dollars ($5,000) or more.
(c) The Department of General Services and the California
Technology Agency shall assist a state agency in complying with the
requirements of this section.
(d) This section shall not require the posting of information in a
contract, including, but not limited to, the identity of any
undisclosed expert consultant, that is confidential pursuant to a
court order, the attorney-client privilege, or the 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. Nothing in
this section shall be construed to limit the rights of the public to
access information pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), or Section 3 of Article I of the California Constitution. Any
information withheld from posting shall be replaced with the phrase,
"CPRA exemption claimed."
SEC. 5. Section 11004.7 is added to the Government Code, to read:
11004.7. The information required to be posted on the Reporting
Transparency in Government Internet Web site pursuant to Sections
11004.5 and 11004.6 shall be posted and maintained at the site for
the following periods of time:
(a) For information required pursuant to Section 11004.5, three
years.
(b) For information required pursuant to Section 11004.6, the
entire length of the contract.