BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1914
                                                                  Page  1

          Date of Hearing:   April 17, 2012

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER 
                                     PROTECTION
                                 Mary Hayashi, Chair
                    AB 1914 (Garrick) - As Amended:  April 9, 2012
           
          SUBJECT  :   Agency reports.

           SUMMARY  :   Requires state and local agencies required to submit 
          reports to the Legislature to submit a list of their outstanding 
          reports, and other specified information, to the Legislature by 
          April 1 each year.  Specifically,  this bill  :

          1)Requires each state or local agency required to submit one or 
            more reports to submit to the Legislature, in a printed form 
            to the Secretary of the Senate and in an electronic form to 
            the Chief Clerk of the Assembly, a list of all reports the 
            agency has not yet submitted, by April 1 of each year, which 
            includes:

             a)   A status summary for each report and a statement 
               explaining why any overdue report has not yet been 
               submitted; and,

             b)   A compliance plan for the submission of each report, 
               including a timeline for submitting the report that 
               specifies identifiable goals, objectives, and benchmarks to 
               be met prior to completion and submission of each report.

          2)Requires the Chief Clerk of the Assembly and the Secretary of 
            the Senate to forward these lists to the Assembly Committee on 
            Budget and the Senate Committee on Budget and Fiscal Review, 
            respectively, upon receipt.

          3)Authorizes the Assembly Committee on Budget or the Senate 
            Committee on Budget and Fiscal Review to require an agency 
            that has failed to submit timely reports to appear before the 
            committee and explain the failure to submit those reports as 
            required.

          4)Authorizes the Legislature to consider, in connection with the 
            state budget, information obtained pursuant to this bill and 
            withhold appropriations to an agency that fails to submit 
            timely reports.








                                                                  AB 1914
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          5)Defines "report" to mean a report required by law to be 
            submitted by a state or local agency to the Members of either 
            house of the Legislature pursuant to a provision of law that 
            is effective on or after January 1, 2013.

          6)Makes legislative findings and declarations.

           EXISTING LAW  specifies how reports required or requested by law 
          to be submitted by a state or local agency to the Legislature 
          are to be submitted.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           Purpose of this bill  .  According to the author, "Currently, 
          there is no system in place to monitor the completion of reports 
          that state agencies are required to provide to the Legislature 
          nor are they held accountable for delinquent or failure to 
          report.  This bill will require an update to be submitted by 
          April 1st of every year to the Legislature.  This will provide 
          the necessary information for the budget committee to 
          potentially withhold allocations from those agencies which are 
          delinquent in delivering their required reports.  It ultimately 
          gives the Legislature the information and potential leverage it 
          needs to hold the agencies accountable."

           Background  .  Reporting requirements under current law are 
          required to be submitted as a printed copy to the Legislative 
          Counsel Bureau (LCB) and the Secretary of the Senate, and as an 
          electronic copy to the Chief Clerk of the Assembly.  
          Additionally, bills introduced or amended in either house of the 
          Legislature requiring a state agency to submit a report to the 
          Legislature or LCB, as specified, must include a provision 
          repealing or making inoperative the reporting requirement four 
          years after the due date, as specified.

          This bill requires state and local agencies required to submit 
          reports to the Legislature to submit a list of their outstanding 
          reports, and other specified information, to the Legislature by 
          April 1 of each year.  This bill also authorizes the Legislature 
          to consider this information when determining the budgetary 
          appropriations to the agency in question.









                                                                  AB 1914
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           Previous legislation  .  AB 1431 (Accountability and 
          Administrative Review) of 2012, deletes specified, obsolete 
          mandated reports from statute and from the LCB list of mandated 
          reports.  This bill is pending the Senate Rules Committee.

          AB 1585 (Accountability and Administrative Review), Chapter 7, 
          Statutes of 2010, deleted hundreds of obsolete reports and 
          revised the procedure for mandatory reporting requirements by 
          state agencies.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.

           Opposition 
           
          California Board of Accountancy
           
          Analysis Prepared by  :    Rebecca May / B.,P. & C.P. / (916) 
          319-3301