BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 8|
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THIRD READING
Bill No: SB 8
Author: Yee (D)
Amended: 5/26/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-1, 3/29/11
AYES: Evans, Harman, Corbett, Leno
NOES: Blakeslee
SENATE EDUCATION COMMITTEE : 7-1, 5/11/11
AYES: Lowenthal, Runner, Alquist, Hancock, Huff, Price,
Vargas
NOES: Blakeslee
NO VOTE RECORDED: Liu, Simitian, Vacancy
SUBJECT : Public records: auxiliary organizations and
University of California campus foundations
SOURCE : American Federation of State, County and
Municipal
Employees, AFL-CIO
California Faculty Association
California Newspaper Publishers Association
DIGEST : This bill updates the California Public Records
Act to include auxiliary organizations at University of
California, California State University, and the California
community colleges statewide foundation. Placing state
college and university auxiliaries under the authority of
the public records act will safeguard the use of taxpayer
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funds and provide much needed accountability and oversight
to state policymakers.
ANALYSIS : The California Public Records Act (CPRA)
requires state and local agencies to make their records
available for public inspection and to make copies
available upon request and payment of a fee unless those
records are exempt from disclosure.
Existing law establishes the segments of public
postsecondary education in the state, including, but not
limited to, the University of California (UC) administered
by the Regents of the UC and the California State
University (CSU) administered by the Trustees of the CSU.
This bill requires records maintained by an "auxiliary
organization" of the California State University, as
defined, or a "University of California (UC) campus
foundation," as defined, to be available to the public to
inspect or copy at all times during the office hours of the
organization or foundation, as specified. This bill
requires an auxiliary organization and a UC campus
foundation to follow specified requirements when fulfilling
or denying a request for a record. This bill prohibits
specified records maintained by an auxiliary organization
or UC campus foundation from being subject to disclosure.
This bill prohibits an auxiliary organization from
disclosing "trade secrets," as defined, and requires this
information to be redacted from the organization's records
before disclosure. This bill provides specified judicial
relief to persons seeking disclosure of records from an
auxiliary organization or a UC campus foundation pursuant
to this bill. This bill requires a disclosure of a record,
which is exempt from disclosure, by an auxiliary
organization or a UC campus foundation to constitute a
waiver of the exemptions provided by this bill with regard
to that record, except as specified. This bill prohibits
an auxiliary organization and a UC campus foundation from
allowing another party to control the disclosure of a
disclosable record. This bill provides that its provisions
do not apply to any records subject to a request made
pursuant to the CPRA.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
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Local: No
SUPPORT : (Verified 5/31/11)
American Federation of State, County and Municipal
Employees,
AFL-CIO (co-source)
California Faculty Association (co-source)
California Newspaper Publishers Association (co-source)
Academic Professionals of California
California Broadcasters Association
California Federation of Teachers
California Nurses Association, National Nurses Organizing
Committee
California State Pipe Trades Council
California State University Employees Union
California Taxpayers Association
California Teachers Association
Californians Aware
Coalition of California Utility Employees
International Brotherhood of Electrical Workers
International Union of Elevator constructors
Pacific Media Workers Guild
Supervisor Eric Mar, San Francisco Board of Supervisors
University of California
University of California Student Association
Utility Workers Union of America
Western States Council of Sheet Metal Workers
ARGUMENTS IN SUPPORT : Responding to Governor
Schwarzenegger's veto message of SB 218 (Yee), Session of
2009-10, this bill now exempts the names of volunteers and
donors so long as certain provisions are met. This bill
also allows auxiliary organizations to exempt from
disclosure information "obtained in the process of
soliciting potential donors that has actual or potential
independent economic value because it is not generally
known to the public or because individuals can obtain
economic value from its disclosure or use."
This bill applies the CPRA to auxiliary organizations at
UC, CSU, and any auxiliary established California Community
College Board of Governors (the CPRA already applies to
auxiliary bodies established by local community college
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districts). This bill reaffirms existing exemptions to the
CPRA for propriety information, trade secrets, or other
documents that have an economic value (actual or potential
economic value such as prospective
donor lists).
RJG:kc 5/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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