BILL ANALYSIS �
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THIRD READING
Bill No: AB 172
Author: Eng (D), et al.
Amended: 7/13/11 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMM. : 9-4, 6/28/11
AYES: Wright, Calderon, Corbett, De Le�n, Evans,
Hernandez, Padilla, Wyland, Yee
NOES: Anderson, Berryhill, Cannella, Strickland
SENATE APPROPRIATIONS COMMITTEE : 6-3, 7/11/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
ASSEMBLY FLOOR : 53-23, 6/1/11 - See last page for vote
SUBJECT : State agencies: information: Internet Web
site
SOURCE : American Federation of State, County, and
Municipal
Employees, AFL-CIO
Service Employees International Union, Local
1000
DIGEST : This bill establishes the Reporting Transparency
in Government Internet Web site to provide audit and
summary data regarding contracts valued at $5,000 or more
to the public.
CONTINUED
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ANALYSIS : 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.
This bill 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,
Insurance Commissioner 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/her
official Internet Web Site:
The contract number.
The phrase "CPRA exemption claimed".
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
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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.
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:
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The department name.
The contract or order number.
The total price.
The contract start and termination dates.
The supplier name.
Any special instructions.
The supplier classification codes.
The acquisition type.
The acquisition method.
The item total.
o The quantity.
o The description.
o 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 department directors to the
Transparency Web site.
14.Makes legislative findings and declarations.
Background
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.
Comments :
According to the author's office, "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
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located with links from the Web sites 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."
Prior Legislation
AB 1899 (Eng), 2009-10 Session, would have required state
agencies, DGS, and the office of the State Chief
Information Officer to post specified audits and contracts
to the state's Reporting Transparency in Government
Internet Web site. Subsequently, this bill was vetoed by
Governor Schwarzenegger, the veto message states, "I
strongly support the goal of transparency in government and
believe that posting information online is a simple method
of achieving this goal and allowing citizens information
about how their tax dollars are spent. For that reason I
have issued executive orders directing posting of this type
of material to the Reporting Transparency in Government Web
site. As such, this bill is not necessary."
AB 756 (Eng), 2009-10 Session, would have required each
state agency to provide a link to a centrally located and
accessible state-run Internet Web site that includes a list
of personal and consulting services contracts. (Vetoed)
AB 2603 (Eng), 2007-08 Session, would have required state
agencies to annually prepare a report listing personal
services and consulting services contracts entered into
during the previous fiscal year. (Held in Senate
Appropriations Committee)
SB 1331 (Oropeza), 2007-08 Session, would have required the
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Governor to prepare and submit to the Legislature, along
with the Governor's Budget, a report that contains
information regarding current and proposed contracts for
services in the amount above $5000. (Held in Senate Rules
Committee)
SB 786 (Oropeza), 2007-08 Session, would have required the
Governor to submit with the Budget Act a report that
contains specified information regarding current and
proposed contracts for services in the amount of $5,001 or
more, as specified. (Held in Senate Appropriations
Committee.)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14
Fund
Summary contract dataUnknown, likely minor costs annually
General/
& information postingin to any one fund while the Reporting
Special*
Transparency in Government orders
are effective; likely minor long term
costs
*Departmental costs; similar costs to the Technology
Services Revolving Fund, a reimbursement account
SUPPORT : (Verified 7/13/11)
American Federation of State, County and Municipal
Employees,
AFL-CIO (co-source)
Service Employees International Union, Local 1000
(co-source)
Californians Aware
California Labor Federation, AFL-CIO
California State Employees Association
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Professional Engineers in California Government
ARGUMENTS IN SUPPORT : The sponsor states that,
"currently 36 states allow the public online access to
track how state government spends their taxpayer dollars in
order to promote transparency and cost-savings. California
transparency is inadequate and compares poorly to other
states. The United States Public Interest Research Group
graded California's level of transparency as a "D", with 28
other states scoring higher on their level of transparency.
AB 172 will ensure transparency in state personal services
contracts by requiring departments to report monetary
expenditures and associated staffing levels related to all
personal service contracts. It ensures that future
administrations must provide transparency by placing these
requirements in law."
ASSEMBLY FLOOR :
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Nestande, Pan, Perea, Portantino, Skinner, Solorio,
Swanson, Torres, Wieckowski, Williams, Yamada, John A.
P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Grove, Hagman, Halderman, Harkey, Jones,
Knight, Logue, Mansoor, Miller, Morrell, Nielsen, Norby,
Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Garrick, Gorell, Jeffries, V. Manuel
P�rez
PQ:do 7/13/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
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