BILL NUMBER: AB 1962 CHAPTERED
BILL TEXT
CHAPTER 945
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002
APPROVED BY GOVERNOR SEPTEMBER 26, 2002
PASSED THE ASSEMBLY AUGUST 28, 2002
PASSED THE SENATE AUGUST 27, 2002
AMENDED IN SENATE AUGUST 5, 2002
AMENDED IN ASSEMBLY MAY 20, 2002
INTRODUCED BY Assembly Member Hollingsworth
FEBRUARY 14, 2002
An act to amend Section 250 of the Evidence Code, and to amend
Section 6252 of the Government Code, relating to electronic
communication.
LEGISLATIVE COUNSEL'S DIGEST
AB 1962, Hollingsworth. Electronic communication.
Existing law relating to evidence in court actions and specified
administrative proceedings defines evidence as including a writing,
which is defined as handwriting, typewriting, printing, photostating,
photographing, and every other means of recording upon any tangible
thing, any form of communication or representation, including
letters, words, pictures, sounds, or symbols, or combinations
thereof.
The California Public Records Act, which requires each state and
local agency to make its records open to public inspection at all
times during office hours, with specified exemptions, defines public
records as including any writing containing information relating to
the conduct of the public's business prepared, owned, used, or
retained by any state or local agency regardless of physical form or
characteristics. The act defines a writing as handwriting,
typewriting, printing, photostating, photographing, and every other
means of recording upon any form of communication or representation,
including letters, words, pictures, sounds, or symbols, or
combinations thereof, and all papers, maps, magnetic or paper tapes,
photographic films and prints, magnetic or punched cards, discs,
drums, and other documents.
This bill would define writing under these provisions to mean
handwriting, typewriting, printing, photostating, photographing,
photocopying, transmitting by electronic mail or facsimile, and every
other means of recording upon any tangible thing, any form of
communication or representation, including letters, words, pictures,
sounds, or symbols, or combinations thereof, and any record thereby
created, regardless of the manner in which the record has been
stored. By expanding the scope of public records that local agencies
are required to make available for public inspection, this bill
would constitute a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would state that it is declaratory of existing law.
This bill would incorporate additional changes in Section 6252 of
the Government Code proposed by AB 2937 that would become operative
if both bills are enacted and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 250 of the Evidence Code is amended to read:
250. "Writing" means handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing, any form of communication or representation,
including letters, words, pictures, sounds, or symbols, or
combinations thereof, and any record thereby created, regardless of
the manner in which the record has been stored.
SEC. 2. Section 6252 of the Government Code is amended to read:
6252. As used in this chapter:
(a) "State agency" means every state office, officer, department,
division, bureau, board, and commission or other state body or
agency, except those agencies provided for in Article IV (except
Section 20 thereof) or Article VI of the California Constitution.
(b) "Local agency" includes a county; city, whether general law or
chartered; city and county; school district; municipal corporation;
district; political subdivision; or any board, commission or agency
thereof; other local public agency; or nonprofit entities that are
legislative bodies of a local agency pursuant to subdivisions (c) and
(d) of Section 54952.
(c) "Person" includes any natural person, corporation,
partnership, limited liability company, firm, or association.
(d) "Public agency" means any state or local agency.
(e) "Public records" includes any writing containing information
relating to the conduct of the public's business prepared, owned,
used, or retained by any state or local agency regardless of physical
form or characteristics. "Public records" in the custody of, or
maintained by, the Governor's office means any writing prepared on or
after January 6, 1975.
(f) "Writing" means handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing any form of communication or representation, including
letters, words, pictures, sounds, or symbols, or combinations
thereof, and any record thereby created, regardless of the manner in
which the record has been stored.
(g) "Member of the public" means any person, except a member,
agent, officer, or employee of a federal, state, or local agency
acting within the scope of his or her membership, agency, office, or
employment.
SEC. 2.5. Section 6252 of the Government Code is amended to read:
6252. As used in this chapter:
(a) "State agency" means every state office, officer, department,
division, bureau, board, and commission or other state body or
agency, except those agencies provided for in Article IV (except
Section 20 thereof) or Article VI of the California Constitution.
(b) "Local agency" includes a county; city, whether general law or
chartered; city and county; school district; municipal corporation;
district; political subdivision; or any board, commission or agency
thereof; other local public agency; or entities that are legislative
bodies of a local agency pursuant to subdivisions (c) and (d) of
Section 54952.
(c) "Person" includes any natural person, corporation,
partnership, limited liability company, firm, or association.
(d) "Public agency" means any state or local agency.
(e) "Public records" includes any writing containing information
relating to the conduct of the public's business prepared, owned,
used, or retained by any state or local agency regardless of physical
form or characteristics. "Public records" in the custody of, or
maintained by, the Governor's office means any writing prepared on or
after January 6, 1975.
(f) "Writing" means any handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing, any form of communication or representation,
including letters, words, pictures, sounds, or symbols, or
combinations thereof, and any record thereby created, regardless of
the manner in which the record has been stored.
(g) "Member of the public" means any person, except a member,
agent, officer, or employee of a federal, state, or local agency
acting within the scope of his or her membership, agency, office, or
employment.
SEC. 3. The Legislature finds and declares that the amendments to
Section 250 of the Evidence Code and Section 6252 of the Government
Code made by this act do not constitute a change in, but are
declaratory of, existing law.
SEC. 4. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
SEC. 5. Section 2.5 of this bill incorporates amendments to
Section 6252 of the Government Code proposed by both this bill and AB
2937. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2003, (2) each bill
amends Section 6252 of the Government Code, and (3) this bill is
enacted after AB 2937, in which case Section 2 of this bill shall not
become operative.