BILL NUMBER: SB 1002	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012
	AMENDED IN SENATE  MARCH 29, 2012
	AMENDED IN SENATE  MARCH 12, 2012

INTRODUCED BY   Senator Yee

                        FEBRUARY 6, 2012

   An act to amend Section 6253.9 of, and to add Chapter 3.6
(commencing with Section 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 a person, to provide a copy of a public record unless
the record is exempt from disclosure. The act requires 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 a person. The act requires the agency to make the
information available in 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. The 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   of 
specified  services  .
   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 be made available in an open format, as defined. The
requirement would not apply if the state or local agency does not
have the data or document available for internal use in an open
format.  The 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: 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, 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 a person and, when applicable,
shall comply with the following:
   (1) The agency shall make the information available in 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 for any of the following:
   (1) For data extraction, when the agency is exercising an
exemption.  Extr   action shall not include the
redaction of exempt information from an electronic record. 

   (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 will result in an electronic record used by the
agency for its own use.  
   (2) For extraction, compilation, programming, or conversion of
data to a different medium if the task is initiated by, and performed
for the benefit of, the agency. 
   (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.
   (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.
   (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.
   (g) This section shall not be construed to permit an agency to
make information available only in an electronic format.
   (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.
   (i) This section shall not be construed to permit public access to
records held by an agency to which access is otherwise restricted by
statute.
  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 electronic data or an electronic 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 all of the
following:
   (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. 
   (f) This section shall not be construed to require a state or
local agency to update its software or hardware.  
   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.