BILL NUMBER: SB 1002 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 12, 2012
INTRODUCED BY Senator Yee
FEBRUARY 6, 2012
An act to amend Section 6253.9 of, and to add Article 5.5
Chapter 3.6 (commencing with Section
11085) to Chapter 1 of Part 1 of Division 3 of Title 2
6278) to Division 7 of Title 1 of, the Government Code,
relating to public records.
LEGISLATIVE COUNSEL'S DIGEST
SB 1002, as amended, Yee. Public records: electronic format.
(1) The California Public Records Act requires state and local
agencies to make their records available for public inspection and,
upon request of any a person, to
provide a copy of any a public record
unless the record is exempt from disclosure. The act requires
any an agency that has information that
constitutes an identifiable public record not otherwise exempt from
disclosure that is in an electronic format to make that information
available in an electronic format when requested by any
a person. The act requires the agency to make
the information available in any an
electronic format in which it holds the information.
This bill would authorize an agency, when requested by a person,
to provide an electronic record in a format in which the text in the
electronic record is searchable by commonly used software. The bill
would require the requester to bear the cost of converting the
electronic record into a searchable format. This bill would
prohibit an agency from charging a requester for the cost to
construct a record or the cost of programming and computer services
necessary to produce a copy of the record, as specified.
This bill would also make technical, nonsubstantive changes to
these provisions.
(2) Existing law requires certain state and local
agencies to make specified data or documents available to the
public by various methods, including on the Internet.
This bill would require that in certain circumstances
the data or document to be made available in
a an open format that is
user-friendly and accessible , as defined. This requirement
would not apply if the state or local agency does not
have the data or document available for internal use in a
user-friendly and accessible an open format.
This bill would require a state or local agency, whenever it
updates its software or hardware used in the preparation or
dissemination of documents or data, to do so with software or
hardware that allows it to satisfy specified requirements.
(3) 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6253.9 of the Government Code is amended to
read:
6253.9. (a) Unless otherwise prohibited by law, any
an agency that has information that constitutes
an identifiable public record not exempt from disclosure pursuant to
this chapter that is in an electronic format shall make that
information available in an electronic format when requested by
any a person and, when applicable,
shall comply with the following:
(1) The agency shall make the information available in
any an electronic format in which it holds the
information.
(2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies. The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record when
either of the following applies:
(1) In order to comply with subdivision (a), the public agency
would be required to produce a copy of an electronic record and the
record is one that is produced only at otherwise regularly scheduled
intervals.
(2) The request would require data compilation, extraction, or
programming to produce the record.
(c) Notwithstanding subdivision (b), an agency shall not charge a
requester for the cost to construct a record or the cost of
programming and computer services necessary to produce a copy of the
record for any of the following:
(1) For data extraction, when the agency is exercising a
discretionary exemption.
(2) For data conversion, if the electronic record will be used by
the agency for its own use.
(3) For programming and computer services, when the programming or
computer service is used by the agency for its own business
operations.
(c)
(d) This section shall not be construed to require the
public agency to reconstruct a record in an electronic format if the
agency no longer has the record available in an electronic format.
(d)
(e) If the request is for information in other than
electronic format, and the information also is in electronic format,
the agency may inform the requester that the information is available
in electronic format.
(e)
(f) At the request of a person, an agency may provide
an electronic record in a format in which the text in the electronic
record is searchable by commonly used software if the agency does not
already have the electronic record in a searchable format. The
requester shall bear the cost, if any, of converting the electronic
record into a searchable format, including the cost of programming
and computer services necessary to produce the electronic record.
(f)
(g) This section shall not be construed to permit an
agency to make information available only in an electronic format.
(g)
(h) This section shall not be construed to require the
public agency to release an electronic record in the electronic form
in which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of any
proprietary software in which it is maintained.
(h)
(i) This section shall not be construed to permit
public access to records held by any an
agency to which access is otherwise restricted by statute.
SEC. 2. Article 5.5 (commencing with Section
11085) is added to Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code, to read:
Article 5.5. California Open Data Standard
11085. (a) Whenever a state agency is required by law to make
data or a document available on the Internet, the data or document
shall be in a format that is user-friendly and accessible. This
paragraph shall not apply when the state agency does not have the
data or document available for internal use in a user-friendly and
accessible format.
(b) For purposes of this article, "user-friendly and accessible"
means:
(1) The data or document can be copied and downloaded by using
commonly used software and Internet applications.
(2) The text of the data or the text in the document can be
searched by using commonly used software and Internet applications.
(3) The data or document is searchable on the Internet by commonly
used Internet search engines.
(c) This section shall not be construed to require a state agency
to convert any data or document into a format that is user-friendly
and accessible.
SEC. 2. Chapter 3.6 (commencing with Section 6278)
is added to Division 7 of Title 1 of the Government Code
, to read:
CHAPTER 3.6. CALIFORNIA OPEN DATA STANDARD
6278. (a) Whenever a state or local agency is required by law to
make data or a document available to the public, the data or
document shall be provided in an open format.
(b) Whenever a state or local agency is required by law to make
data or a document available on the Internet, the data or document
shall be posted in an open format.
(c) For purposes of this chapter, "open format" means:
(1) The data or document can be located and downloaded by
open-source software or public Internet applications that are
available for free, or both.
(2) The data or the text in the document is machine readable and
can be searched, indexed, organized, categorized, and is otherwise
automatically processable.
(3) The data or document is available without restrictions that
would impede the use of the information.
(4) The data or document maintains the integrity of databases and
all associated relationships or mappings between data or content.
(5) The data or document provides data granularity, definitions,
and structured formats in the original quality available to the state
or local agency.
(d) For purposes of this chapter, "open-source software" means
computer software that is provided under a free software license that
permits users to study, change, improve, and distribute the
software.
(e) This section shall not be construed to require a state or
local agency to convert data or a document into an open format.
6278.1. (a) Whenever a state or local agency updates its software
or hardware used in the preparation or dissemination of documents or
data, the agency shall do so with software or hardware that allows
it to satisfy the requirements of this chapter.
(b) This section shall not be construed as a mandate on a state or
local agency to update its software or hardware.
SEC. 3. 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.