BILL NUMBER: AB 1899 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 23, 2010
PASSED THE ASSEMBLY AUGUST 27, 2010
AMENDED IN SENATE AUGUST 10, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
AMENDED IN ASSEMBLY MARCH 15, 2010
INTRODUCED BY Assembly Member Eng
(Coauthor: Assembly Member Lieu)
FEBRUARY 16, 2010
An act to add Sections 11004.4, 11004.5, 11004.6, and 11004.7 to
the Government Code, relating to state agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 1899, Eng. State agencies: information: Internet Web site.
Existing law requires, subject to specific exemptions, public
records to be open to public inspection.
This bill would require the office of the State Chief Information
Officer to create and maintain a Reporting Transparency in Government
Internet Web site, as prescribed. This bill would require, subject
to specific exemptions, state agencies to post specified audits to
that Internet Web site. This bill would require the Department of
General Services, the office of the State Chief Information Officer,
and other state agencies to post specified summary data regarding
contracts awarded by the state to that Internet Web site. This bill
would also require the office of the Governor to post specified
financial statements and reports to that Internet Web site. The bill
would exempt certain constitutional officers from the requirement of
posting the information to the Reporting Transparency in Government
Internet Web site, if that officer posts the required information to
his or her official Internet Web site, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Transparency is fundamental to promoting efficiency and
effectiveness in state government and strengthening the democratic
process by giving citizens enough information to reach their own
conclusions about how their tax dollars are being spent.
(b) Audits of state agencies and their operations can provide
objective and measurable performance reviews and identify and correct
inefficient or wasteful practices.
(c) Californians seeking information on state governmental
operations are often frustrated because a myriad of oversight
entities perform audits of state agencies, and the information can be
difficult to access due to the lack of a Web-based, central
inventory of audits.
(d) Many internal audits that state agencies perform on their own
operations are finalized but never made public.
(e) Billions of dollars in state contracts are entered into each
year to purchase goods and services for the people of California, and
posting summary data regarding contracts on the Internet is an
effective way to help ensure that taxpayers are getting the best
value and services are being provided in an efficient manner.
(f) The Legislature's continuing commitment to promoting
transparency in state government is especially critical while
California's economy continues to struggle.
SEC. 2. Section 11004.4 is added to the Government Code, to read:
11004.4. (a) The office of the State Chief Information Officer,
or its successor, shall create and maintain a Reporting Transparency
in Government Internet Web site for the purposes described in
Sections 11004.5, 11004.6, and 11004.7.
(b) In addition to the information required pursuant to Sections
11004.5, 11004.6, and 11004.7, the Reporting Transparency in
Government Internet Web site shall also include instructions for the
public that describe how a person may obtain more detailed
information for a contract.
(c) (1) The Lieutenant Governor, Attorney General, Secretary of
State, Treasurer, or Controller is not required, pursuant to Sections
11004.5 and 11004.6, to post information to the Reporting
Transparency in Government Internet Web site, if that officer posts
the information required by those sections on his or her official
Internet Web site.
(2) If the officer, acting pursuant to paragraph (1), determines
that information in a contract is exempt from disclosure pursuant to
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1), then the officer shall post
the following information on his or her official Internet Web site:
(A) The contract number.
(B) The phrase "CPRA exemption claimed."
(C) Other identifying information sufficient to enable a person to
submit a request for the information pursuant to the California
Public Records Act, for purposes of testing the exemption claimed for
the information.
(3) If an officer listed in paragraph (1) chooses, pursuant to
this subdivision, to post the required information to his or her
official Internet Web site, then the State Chief Information Officer
shall provide a clearly labeled link to that Internet Web site on the
Reporting Transparency in Government Internet Web site.
SEC. 3. Section 11004.5 is added to the Government Code, to read:
11004.5. (a) On or before February 15, 2011, a state agency shall
post to the state's Reporting Transparency in Government Internet
Web site every audit of its operations finalized from January 1,
2008, to December 31, 2010, inclusive.
(b) Within 15 calendar days of finalization, a state agency shall
post to the state's Reporting Transparency in Government Internet Web
site every audit of its operations finalized from January 1, 2011,
and forward.
(c) For purposes of this section, "audit" shall mean any review or
evaluation performed by a state agency on itself or 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 other nongovernmental organization that monitors or oversees the
state agency and that has received public funds.
(d) The Department of General Services and the office of the State
Chief Information Officer shall assist a state agency to comply with
the requirements of this section.
(e) This section shall not require the posting of information in
an audit, including 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. Nothing in this section shall be construed to
limit the rights of the public to access information pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1), or Section 3 of Article I of the
California Constitution. Any information withheld from posting shall
be replaced with the phrase, "CPRA exemption claimed."
SEC. 4. Section 11004.6 is added to the Government Code, to read:
11004.6. (a) On or before February 15, 2011, the Department of
General Services and the office of the State Chief Information
Officer shall post summary data regarding any contract awarded by the
state on or after March 31, 2009, valued at five thousand dollars
($5,000) or more to the state's Reporting Transparency in Government
Internet Web site. For purposes of this section, summary data
regarding a contract shall include, but not be limited to, the
following:
(1) The department name.
(2) The contract or order number.
(3) The total price.
(4) The contract start and termination dates.
(5) The supplier name.
(6) Any special instructions.
(7) The supplier classification codes.
(8) The acquisition type.
(9) The acquisition method.
(10) The item total.
(11) The quantity.
(12) The description.
(13) The classification codes.
(b) Within 15 calendar days of signing by all parties to the
contract, a state agency shall post to the state's Reporting
Transparency in Government Internet Web site summary data regarding
any contract it awarded from January 1, 2011, and forward that is
valued at five thousand dollars ($5,000) or more.
(c) The Department of General Services and the office of the State
Chief Information Officer shall assist a state agency to comply with
the requirements of this section.
(d) This section shall not require the posting of information in a
contract, including 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. Nothing in this section shall be construed to
limit the rights of the public to access information pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1), or Section 3 of Article I of the
California Constitution. Any information withheld from posting shall
be replaced with the phrase, "CPRA exemption claimed."
SEC. 5. Section 11004.7 is added to the Government Code, to read:
11004.7. The office of the Governor shall 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 Reporting Transparency in Government Internet Web
site.