BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1921
                                                                  Page  1

          Date of Hearing:   May 14, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

              AB 1921 (Holden and Rendon) - As Amended:  April 28, 2014 

          Policy Committee:                               
          AccountabilityVote:8-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill makes contractors' records related to personal  
          services contracts subject to disclosure under the California  
          Public Records Act (CPRA). Specifically, this bill:

          1)Stipulates that, for any personal services contract with the  
            state exceeding $25,000, the state agency shall have the right  
            to review and copy any records related to the performance of  
            that contract.

          2)Stipulates that these records are subject to the CPRA and may  
            be disclosed under the Act.

          3)Requires any request for such records, pursuant to the CPRA,  
            shall be submitted directly to the state agency.

           FISCAL EFFECT  

          Standard language in state service contracts requires  
          contractors to agree to allow the state to review and copy any  
          records related to the performance of the contract, thus this  
          information is already to be made available to state agencies  
          upon request. By making this information subject to disclosure  
          by state agencies, under the CPRA, this bill could require  
          result additional CPRA requests to be processed by departments  
          throughout state government. Given the large number of personal  
          services contracts, these costs could be significant statewide,  
          but would mostly be absorbable within individual department  
          budgets.

           COMMENTS  








                                                                  AB 1921
                                                                  Page  2


           Purpose  . According to the sponsor, the American Federation of  
          State, County and Municipal Employees (AFSCME), this bill, by  
          making state contractors relevant records available to the  
          public, would provide transparency in the handling of taxpayer  
          funds.

          According to the author, this bill codifies the state's access  
          to contract records. The bill also specifies that records  
          related to the performance of the contract are subject to the  
          CPRA, and may be subject to public disclosure depending on the  
          requirements and exceptions stated in the CPRA.  The CPRA lists  
          several exceptions to what documents must be publically  
          disclosed, including certain personal, financial, and trade  
          secret information is protected from disclosure.
           
           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081