Bill Text: CA AB1899 | 2009-2010 | Regular Session | Amended

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

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Bill Title: State agencies: information: Internet Web site.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2010-09-25 - Vetoed by Governor. [AB1899 Detail]

Download: California-2009-AB1899-Amended.html

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BILL NUMBER: AB 1899	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2010

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 16, 2010

   An act to add Sections 11004.5  and 11004.6  
, 11004.6, and 11004.7  to the Government Code, relating to
state agencies.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1899, as amended, 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, subject to specific exemptions, state
agencies, the Department of General Services, and the office of the
State Chief Information Officer to post specified audits and
contracts to the state's Reporting Transparency in Government
Internet Web site.  This bill would also require the office of
the Governor to post specified financial statements and report to
that Internet Web site. 
   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.  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 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 11004.5 is added to the
Government Code, to read:
   11004.5.  (a) A state agency shall post any audit regarding its
operations, or any audit it performed regarding any other state or
local government entity, finalized on or after January 1, 2011, to
the state's Reporting Transparency in Government Internet Web site
within 15 calendar days of finalization.
   (b) A state agency shall post any contract it awarded on or after
January 1, 2008, valued at five thousand dollars ($5,000) or more, to
the state's Reporting Transparency in Government Internet Web site
within 15 calendar days of signing by all parties to the contract.
   (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 be construed as requiring the posting
of audits or contracts where the posting would (1) violate federal or
state law, (2) result in the unauthorized waiver of privileges, such
as the attorney-client, attorney work product, or deliberative
process privileges, or (3) result in the unauthorized waiver of
exemptions from disclosure under the California Public Records Act
(Ch. 3.5 (commencing with Section 6250) of Division 7 of Title 1).
 
  SEC. 3.    Section 11004.6 is added to the
Government Code, to read:
   11004.6.  (a) (1) On or before February 15, 2011, a state agency
shall post to the state's Reporting Transparency in Government
Internet Web site all of the following:
   (A)  Every audit of its operations finalized beginning January 1,
2008, and forward, performed by itself or any entity other than
itself, including, but not limited to, the Bureau of State Audits,
the Controller, the Department of Finance, or a federal agency with
oversight responsibility of the state agency's operations.
   (B) Every audit it performed regarding any other state or local
government entity finalized beginning January 1, 2008, and continuing
forward.
   (2) 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 subdivision.
   (b) Starting on January 1, 2011, the Department of General
Services and the office of the State Chief Information Officer shall
post any contract awarded by the state as of March 1, 2009, and
continuing forward, valued at five thousand dollars ($5,000) or more
to the state's Reporting Transparency in Government Internet Web
site.
   (c)  This section shall not be construed as requiring the posting
of audits or contracts where the posting would (1) violate federal or
state law, (2) result in the unauthorized waiver of privileges, such
as the attorney-client, attorney work product, or deliberative
process privileges, or (3) result in the unauthorized waiver of
exemptions from disclosure under the California Public Records Act
(Ch. 3.5 (commencing with Section 6250) of Division 7 of Title 1).

   SEC. 2.    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. 3.    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 any contract awarded by the state from January 1,
2008, to December 31, 2010, inclusive, valued at five thousand
dollars ($5,000) or more to the state's Reporting Transparency in
Government Internet Web site.
   (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 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. 4.    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 staff, agency
secretaries, department heads, and any official under the direct
supervision of the Governor to the Reporting Transparency in
Government Internet Web site.