BILL NUMBER: SB 1002 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY JUNE 21, 2012
AMENDED IN SENATE MAY 29, 2012
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 Section
6253.91 to, 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, upon request, to
provide a copy of 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 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 to the public in an open format,
as defined. The requirement would not apply if the state or local
agency does not maintain the data or document in an open format
the State Chief Information Officer to conduct a study
to determine the feasibility of providing electronic
records in an open format, as specified, and to provide a copy of the
study to the chairs of specified Senate and Assembly committees by
January 1, 2014 .
By imposing new duties on local agencies, this bill would impose a
state-mandated local program.
(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 no .
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) 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) 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) Upon request, an agency may provide a copy of an electronic
record in an open format as defined in Section 6253.91 of the
Government Code if the agency does not already have the electronic
record in an open format. The requester shall bear the cost of
converting the electronic record into an open format, including the
cost of programming and computer services necessary to produce the
electronic record.
(f)
(e) This section shall not be construed to permit an
agency to make information available only in an electronic format.
(g)
(f) 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)
(g) 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. Section 6253.91 is added to the
Government Code, to read:
6253.91. (a) Whenever a state or local agency is required by law
to make electronic data or an electronic document available to the
public, and the agency has software, hardware, or services that
allows it to retain the data or document in an open format, it shall
provide the data or document in an open format.
(b) (1) Whenever a state or local agency is required by law to
make data or a document available on the Internet, and the agency has
software, hardware, or services that allows it to retain the data or
document in an open format, it shall post the data or document in an
open format.
(2) This subdivision shall not apply to data or documents posted
on the Internet before January 1, 2013.
(3) This subdivision shall not be construed to require an agency
to repost existing data or documents currently posted and available
on the Internet.
(c) For purposes of this section, "open format" means all of the
following:
(1) The data or document can be located, downloaded, and read by a
requester or a member of the public using publicly accessible
software or public Internet applications that are available without
any purchase price or paid subscription fees, 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 provides data granularity, definitions,
and structured formats in the original quality available to the state
or local agency.
(d) This section shall not be construed to require a state or
local agency to do either of the following:
(1) Convert data or a document into an open format.
(2) Update its software or hardware.
(e) This section shall not be construed to require a public agency
to release data or a document in an open format 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.
(f) This section shall not be construed to permit public access to
records held by an agency to which access is otherwise restricted by
law.
SEC. 2. (a) The State Chief Information Officer
shall conduct a study to determine the feasibility of providing
electronic records in an open format. The study shall include, but
not be limited to, all of the following:
(1) Determining what types of records are appropriate to be
provided in an open format.
(2) Developing the proper definition of "open format."
(3) Estimating the cost to both state and local governments of
providing information in an open format.
(b) The State Chief Information Officer shall provide a copy of
the study to the chairs of the Senate and Assembly Committee on
Governmental Organization and Appropriations and the Assembly
Committee on Local Government and the Senate Committee on Governance
and Finance by January 1, 2014.
(c) For purposes of this section, "open format" may include any of
the following:
(1) The format can be retrieved, downloaded, indexed, and searched
by commonly used Internet search applications.
(2) The format is platform independent, machine readable, and made
available to the public without restrictions that would impede the
reuse of its information.
(3) If applicable, the format retains data definitions, structure,
and is as granular as possible.
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.