Bill Text: CA AB1921 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Personal services contracts: access to records.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1921 Detail]

Download: California-2013-AB1921-Introduced.html

---

BILL NUMBER: AB 1921	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Holden and Rendon

                        FEBRUARY 19, 2014

   An act to add Section 10375 to the Public Contract Code, relating
to public contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1921, as introduced, Holden. Public contracts for services:
access to records.
   Existing law sets forth requirements for the acquisition of goods
and services by state agencies and sets forth the various
responsibilities of the Department of General Services and other
state agencies in overseeing and implementing state contracting
procedures and policies.
   Existing law, the California Public Records Act, provides for
public access to information concerning the conduct of the people's
business, except for public records exempt from disclosure by express
provisions of law. The act also provides that a state or local
agency may not allow another party to control disclosure of
information that is otherwise subject to disclosure.
   This bill would require specified service contracts between a
state agency and a person or company performing a governmental
function to include provisions requiring agency access to records
held by the contractor and notification that such records may be
public records. This bill also would require the contractor to keep
and maintain public records pertaining to the contract and to provide
the agency with access to such records as provided in the California
Public Records Act.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10375 is added to the Public Contract Code, to
read:
   10375.  Each service contract in excess of twenty-five thousand
dollars ($25,000) between a public agency and a person or company for
the performance of a governmental function shall provide that the
public agency is entitled to receive a copy of records and files
related to the performance of the governmental function, and indicate
that such records and files are subject to the California Public
Records Act and may be disclosed by the public agency pursuant to the
California Public Records Act. Specifically, each service contract
shall require that a contractor doing business with a department or
agency shall do all of the following:
   (a) Keep and maintain the public records that ordinarily and
necessarily would be kept and maintained by the agency in order to
perform the service or activity.
   (b) Provide the agency with access to such records as provided in
the California Public Records Act.