BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 1002
Author: Yee (D)
Amended: 5/29/12
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-0, 4/17/12
AYES: Evans, Corbett, Leno
NO VOTE RECORDED: Harman, Blakeslee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SUBJECT : Public records: electronic format
SOURCE : Author
DIGEST : This bill prohibits a public agency, when
responding to a request for disclosure of electronic
documents pursuant to the California Public Records Act
(CPRA), from charging the requestor for data extraction,
compilation, programming, or data conversion, as specified.
This bill establishes the California Open Data Standard,
which would provide open format standards for public
agencies that are required to make electronic data
available to the public.
ANALYSIS : Existing law, the CPRA, governs the disclosure
of information collected and maintained by public agencies.
(Government Code (GOV) Section 6250 et seq.) Generally,
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all public records are accessible to the public upon
request, unless the record requested is exempt from public
disclosure. (GOV Section 6254.) There are 30 general
categories of documents or information that are exempt from
disclosure, essentially due to the character of the
information, and unless it is shown that the public's
interest in disclosure outweighs the public's interest in
non-disclosure of the information, the exempt information
may be withheld by the public agency with custody of the
information.
Existing law requires a public agency to make non-exempt
electronic public records available in any electronic
format in which it holds the information or, if requested,
in an electronic format used by the agency to create copies
for its own or other agency's use. (GOV Section
6253.9(a)(1))
Existing law authorizes a public agency to charge to the
requestor the direct cost of producing the electronic
public record. (GOV Section 6253.9(a)(2))
Existing law requires the requestor of the electronic
public record to pay the cost of producing a copy of the
record, including the cost to construct the record, and the
cost of programming and computer services necessary to
produce a copy of the record if the public agency produces
the electronic record only at regularly scheduled intervals
or the request requires data compilation, extraction, or
programming to produce the electronic record. (GOV Section
6253.9(b))
Existing law provides that a public agency is not required
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. (GOV Section 6253.9(f))
This bill authorizes a public agency, if requested, 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, and the requestor of such requested
electronic record must pay the cost of converting the
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electronic record into a searchable format, including the
cost of programming and computer services necessary to
produce the electronic record.
This bill provides that 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 maintains
the data or document in an open format, the data or
document shall be provided in an open format.
This bill provides that whenever a state or local agency is
required by law to make data or a document available on the
Internet, and the agency maintains the data or document in
an open format, the data or document shall be posted in an
open format.
1. This subdivision shall not apply to data or documents
posted on the Internet before January 1, 2013.
2. This subdivision shall not be construed to require an
agency to repost existing data or documents currently
posted and available on the Internet.
This bill provides that for purposes of this section, "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 provides data granularity,
definitions, and structured formats in the original
quality available to the state or local agency.
This bill provides that for purposes of this section,
"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.
This bill provides that this section shall not be construed
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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.
This bill provides that this section shall not be construed
to require a public agency to release data or a document in
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.
This bill provides that this section shall not be construed
to permit public access to records held by an agency to
which access is otherwise restricted by law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Minor ongoing costs to state and local agencies to
provide and post electronic data and documents in open
format on a prospective basis, if the data and documents
are maintained in that format by the agency and release
of the data or documents would not compromise the
security or integrity of the information, as specified.
Potential significant future cost pressure on state and
local agencies to move to systems/software enabling
creation/conversion of data and documents to open format.
SUPPORT : (Verified 5/29/12)
American Federation of State, County and Municipal
Employees, AFL-CIO
California Faculty Association
California Newspaper Publishers Association
California Teachers Association
Californians Aware
Common Cause
San Francisco Public Utilities Commission
UAW 5810
United Reporting Crime Beat News
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OPPOSITION : (Verified 5/29/12)
California District Attorneys Association
California Law Enforcement Association of Records
Supervisors, Inc.
California Peace Officers Association
California State Sheriffs' Association
Chief Probation Officers of California
League of California Cities
ARGUMENTS IN SUPPORT : The author writes:
The main deficiency in current law is that there is not
Ŭa] set standard for what format electronic data Ŭis] to
be provided in. Oftentimes agencies will post online or
turn over via CPRA requests electronic data that is
nothing more than an image file. Meaning, the data or
document cannot even utilize basic functions such as
searching or indexing. This bill would create a set
standard and ensure that when data goes online it is
useable.
Those requesting electronic data are also facing huge
costs for the "extraction" of data. When an agency wants
to exercise a voluntary exemption and prevent certain
data from being released they often charge the requester
for extracting the data, even though the agency is
actually redacting data. . . . Complaints are surfacing
that agencies are pushing costs unnecessarily on to
requesters, which is deterring public records requests,
resulting in less government transparency.
ARGUMENTS IN OPPOSITION : The California District
Attorneys Association is opposed to this bill and argues
that "the bill applies to nearly every case in which an
exemption is exercised, including the protection of private
and privileged information. Because this process can be
extremely expensive, SB 1002 represents the creation of yet
another cost levied on local agencies who already respond
to thousands of Public Records Act requests annually."
RJG:mw 5/29/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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