BILL ANALYSIS �
AB 172
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ASSEMBLY THIRD READING
AB 172 (Eng)
As Amended May 27, 2011
Majority vote
BUSINESS & PROFESSIONS 6-2APPROPRIATIONS 12-5
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|Ayes:|Hayashi, Allen, Butler, |Ayes:|Fuentes, Blumenfield, |
| |Eng, Hill, Ma | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bill Berryhill, Hagman |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Establishes the Reporting Transparency in Government
Internet Web site (Transparency Web site), to provide audit and
summary data regarding contracts valued at $5,000 or more to the
public. Specifically, this bill :
1)Requires the California Technology Agency (CTA), or its
successor, to create and maintain a Transparency Web site, as
specified, which includes instructions for the public that
describe how a person may obtain more detailed information for
a contract.
2)Exempts the State Lieutenant Governor, the Attorney General,
the Secretary of State, the State Treasurer or the Controller
(constitutional officers) from posting the required
information under this bill on the Transparency Web site if
the constitutional officer posts the required information on
his or her official Internet Web site.
3)Requires a constitutional officer, if he or she determines
that information in a contract is exempt from disclosure
pursuant to the California Public Records Act (CPRA), to post
the following information on his or her official Internet Web
Site:
a) The contract number;
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b) The phrase "CPRA exemption claimed"; and,
c) Other identifying information sufficient to enable a
person to submit a request for the information pursuant to
the CPRA, for purposes of testing the exemption claimed for
the information.
4)Requires the Secretary of CTA, when a constitutional officer
chooses to post the required information to his or her
official Internet Web site, to provide a clearly labeled link
to the constitutional officer's Internet Web site on the
Transparency Web site.
5)Requires state agencies to post to the Transparency Web site
every audit of its operations finalized from January 1, 2009,
to December 31, 2011, by February 15, 2012.
6)Requires state agencies to post to the Transparency Web site
every audit of its operations finalized from January 1, 2012,
and forward, within 15 calendar days of finalization.
7)Defines "audit" to 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.
8)Requires the Department of General Services (DGS) and CTA to
assist state agencies with the requirements of this bill.
9)Provides that this bill does not require the posting of
information contained in an audit or 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.
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10)Provides that this bill not be construed to limit the rights
of public access to information pursuant to the CPRA, and any
information withheld from posting shall be replaced with the
phrase, "CPRA exemption claimed."
11)Requires DGS and CTA, by February 15, 2012, to post summary
data regarding any contract awarded by the state on or after
March 31, 2010, valued at $5,000 or more to the Transparency
Web site, including but not limited to:
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.
12)Requires state agencies to post to the Transparency Web site
summary data regarding any contact it awarded from January 1,
2012, and forward that is valued at $5,000 or more, within 15
calendar days.
13)Requires the Governor to post every statement of economic
interest and travel and expense report of its senior staff and
deputies, agency secretaries and undersecretaries, and
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department directors to the Transparency Web site.
14)Makes legislative findings and declarations.
EXISTING LAW governs contracting between state agencies and
private contractors and sets forth requirements for the
procurement of supplies, materials, equipment, and services by
state agencies.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no significant costs.
COMMENTS : According to the author, "AB 172 is intended to
ensure transparency in state contracts by requiring that
information concerning contractors who supply consulting or
personal services be available online in an easily searchable
data base. This information would be centrally located with
links from the websites of departments and agencies. Currently
expenditures and staffing levels associated with the use of
civil service workers is routinely reported to the Legislature
and is readily available to the public through the budget
process each year. The same reporting requirements should apply
for personal service and consulting contracts.
"During these difficult economic and budgetary times California
needs to examine every opportunity to cut costs without
impacting essential public services, make better use of state
workers, reduce government growth, and find ways to save
millions of dollars without raising taxes. AB 172 will help us
meet these goals by ensuring that our state government remains
open and transparent."
This bill is based upon the Governor's Executive Order S-20-09
of 2009, which expanded the Transparency 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.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
AB 172
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FN: 0001107