BILL NUMBER: SB 893 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Wolk
FEBRUARY 18, 2011
An act to amend Section 23040 of the Revenue and Taxation
Code, relating to taxation. An act to add and repeal
Chapter 3.6 (commencing with Section 6280) of Division 7 of Title 1
of the Government Code, relating to governmental
efficiency.
LEGISLATIVE COUNSEL'S DIGEST
SB 893, as amended, Wolk. Corporation taxes.
Governmental programs: information sharing.
Existing law establishes an inalienable right to privacy.
Existing law establishes the California Health and Human Services
Agency within state government, and the California Research Bureau in
the California state library.
Existing law, the California Public Records Act, provides that
public records are open to inspection at all times during the office
hours of the state or local agency and establishes that every person
has a right to inspect any public record, except as provided in the
act.
This bill, until January 1, 2014 would provide the California
Research Bureau access to information maintained by state agencies,
including information that, in aggregate and detail form, is
otherwise deemed confidential, when access to that information is
required by the California Research Bureau for purposes of responding
to a research request, made in writing, from an elected state
officer or his or her duly recognized representative. The bill would,
among other things, authorize the California Research Bureau to use
information within its control in the preparation of its reports,
documents, and related materials, as specified. The bill would
require the Secretary Health and Human Services to establish an
information sharing plan for the state and, by January 30, 2013,
transmit the plan to the Legislature.
The Corporation Tax Law provides that income derived from or
attributable to sources within this state includes income from
specified types of property.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares all of the following:
(a) It is the intent of the Legislature to improve access to
information that can inform the work of state officials in the
pursuit of their duties in crafting legislation, allocating
resources, and performing oversight responsibilities.
(b) Information described in subdivision (a) includes information
on the quality, effectiveness, and costs of public programs,
information on how well individuals are served by those programs, the
efficacy of programs, including programs that provide prevention and
early intervention services, and the outcomes achieved for
individuals and communities.
(c) It is the intent of the Legislature to promote accountability
and transparency in the operations of state government by improving
access to information on the outcomes achieved through those
operations.
(d) Improved access to information maintained by state agencies is
necessary to perform the oversight role of the Legislature and other
state elected officials.
(e) It is the intent of the Legislature to improve access to
information while preserving the confidentiality or anonymity of
sensitive and private information.
(f) It is in the public interest to maintain private that
information that is deemed confidential, including information on
individuals, information that could be used to determine the identity
of individuals, and information of a confidential nature, including
health and related information, and information on public employees
or others who work in sensitive areas or where the release of
personal or related information could result in a risk of harm.
(g) In order to facilitate improved outcomes, through the
efficient and effective delivery of services through state programs,
it is the intent of the Legislature that the Governor, the Speaker of
the Assembly, and the President pro Tempore of the Senate together
establish a performance unit in state government responsible for
improving the quality of state operations and programs.
SEC. 2. Chapter 3.6 (commencing with Section 6280)
is added to Division 7 of Title 1 of the Government Code
, to read:
CHAPTER 3.6. INFORMATION SHARING WITH THE CALIFORNIA RESEARCH
BUREAU
6280. (a) For the purposes of meeting the information needs of
the Governor, the Legislature, and the state's other constitutional
officers, notwithstanding any other provision of law and to the
extent permitted by federal law, the California Research Bureau shall
have access to information maintained by state agencies, including
information that, in aggregate and detail form, is otherwise deemed
confidential, when access to that information is required by the
California Research Bureau for purposes of responding to a research
request, made in writing, from an elected state officer or his or her
duly recognized representative.
(b) Information that is provided to the bureau shall retain all of
its protections under the law from disclosure, as if it were not
transmitted to the bureau.
(c) Prior to receiving information that is recognized under state
or federal statute as confidential or sensitive in nature, the bureau
shall adopt protocols to protect that information from disclosure
that shall be consistent with the protocols in place at the agency
department, or other state entity that is transmitting the
information. These protocols may address how the bureau accesses the
data within the confines of the agency, department, or other state
entity where the data reside, as determined by the bureau.
(d) For purposes of fulfilling its mission to respond to the
information needs of the Governor, the Legislature, and California's
other constitutional officers, the bureau may use information within
its control in the preparation of its reports, documents, and related
materials. The bureau shall not release information on individuals
that is deemed confidential, but may release information in aggregate
forms where personally identifiable is removed, thus eliminating the
risk that the information can be linked to individuals.
(e) The bureau shall take all necessary precautions to ensure that
its access to information does not reveal information that is
intended to remain private or confidential under the law.
(f) Nothing in this chapter shall be construed to create public
access to information that is not already accessible through other
legal avenues. All legal protections against the release of private
and confidential information shall remain in place pursuant to this
section except as explicitly authorized herein.
6281. (a) To improve data sharing among state agencies and to
facilitate information sharing among local agencies, the Secretary of
the California Health and Human Services shall establish an
information sharing plan for the State that accomplishes all of the
following:
(1) Enables the exchange of information among state agencies,
local agencies, and between state and local agencies as is necessary
for tracking costs, conducting research on best practices, and
improving the efficiency and effectiveness of public services,
including prioritizing access to prevention and early intervention
services.
(2) Provides state and local agencies and the public with
information on the effectiveness of public services.
(3) Permits the Legislature and the public to monitor the outcomes
accomplished for the individuals receiving services through public
programs under the jurisdiction of the state or local agency. Those
outcomes shall include, but are not limited to, measures of
employment, education, housing and homelessness, health, safety, and
criminal justice involvement or related information that is useful
for communicating to the public and policymakers the quality,
effectiveness, and value of those public services.
(b) To draft the information sharing plan, the secretary shall
consult with state and local officials, clients and consumers who
receive government services, service providers, the public, and
others.
(c) By January 30, 2013, the California Health and Human Services
Agency shall transmit the information sharing plan to the
Legislature, including any recommendations for statutory, regulatory,
or other reforms that are needed to achieve the goals of that plan.
(d) The information sharing plan shall include provisions to
protect the privacy of individuals.
6282. This chapter shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SECTION 1. Section 23040 of the Revenue and
Taxation Code is amended to read:
23040. Income derived from or attributable to sources within this
state includes income from tangible or intangible property located
or having a situs in this state and income from any activities
carried on in this state, regardless of whether carried on in
intrastate, interstate, or foreign commerce.