BILL NUMBER: SB 445	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Simitian

                        FEBRUARY 16, 2011

   An act to amend Section 6267 of the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 445, as introduced, Simitian. California Public Records Act:
library records.
   The California Public Records Act requires state and local
agencies to make their records available for public inspection and,
upon request of any person, to provide a copy of any public record
unless the record is exempt from disclosure. The act provides that
all registration and circulation records of any library which is in
whole or in part supported by public funds is confidential and shall
not be disclosed to any person, except as provided.
   This bill would, instead, provide that patron use records, as
defined, of any library which is in whole or in part supported by
public funds shall remain confidential and not be disclosed, except
as provided.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 6267 of the Government Code is amended to read:

   6267.  All  registration and circulation  
patron use  records of any library which is in whole or in part
supported by public funds shall remain confidential and shall not be
disclosed to any person, local agency, or state agency except as
follows:
   (a) By a person acting within the scope of his or her duties
within the administration of the library.
   (b) By a person authorized, in writing, by the individual to whom
the records pertain, to inspect the records.
   (c) By order of the appropriate superior court.
   As used in this section, the term  "registration 
 "   patron use  records" includes any information
 which   that  a library requires a patron
to provide in order to become eligible to borrow  or use 
books and other materials, and  the term "circulation records"
includes  any information  which  
that  identifies the patrons borrowing  or using 
particular books and other material.
   This section shall not apply to statistical reports of 
registration and circulation   patron use  nor to
records of fines collected by the library.