BILL ANALYSIS Ó
SB 1002
Page 1
Date of Hearing: June 20, 2012
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
SB 1002 (Yee) - As Amended: May 29, 2012
SENATE VOTE : 35-0
SUBJECT : Public records: electronic format
SUMMARY : Authorizes a public 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.
Specifically, this bill :
1)Requires the requestor to bear the cost of converting the
electronic record into a searchable format, including the cost
of programming and computer services necessary to produce the
electronic record.
2)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.
3)Provides that whenever a state or local agency is required 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.
4)Provides that the requirements under this bill shall not apply
to data or documents posted on the Internet before January 1,
2013.
5)Provides that the requirements under this bill shall not be
construed to require an agency to repost existing data or
documents currently posted and available on the Internet.
6)Defines "open format" to mean all of the following:
a) The data or document can be located and downloaded by
open-source software of public Internet applications that
are available for free, or both.
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b) The data or the text in the document is machine readable
and can be searched, indexed, organized, categorized, and
is otherwise automatically processable.
c) The data or document provides data granularity,
definitions, and structured formats in the original quality
available to the state or local agency.
7)Defines "open-source software" as computer software that is
provided under a free software license that permits users to
study, change, improve, and distribute the software.
8)Provides that this bill shall not be construed to require a
state or local agency to convert data or a document into an
open format or to update its software or hardware.
9)Provides that nothing in this bill shall 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 any
proprietary software in which it is maintained.
10) Provides that nothing in this bill shall be construed to
permit public access to records held by an agency to which
access is otherwise restricted.
EXISTING LAW
1)The California Public Records Act (CPRA) governs disclosure of
governmental records to the public, upon request. Generally,
all public records are open to the public upon request unless
the record requested is exempt from public disclosure.
2)Requires, under the CPRA, 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.
3)Requires, under the CPRA, the agency to make the information
available in an electronic format in which it holds the
information.
4)Authorizes a public agency to charge to the requestor the
direct cost of producing the electronic public record.
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5)Requires the requestor of the electronic record to 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 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 record.
6)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.
FISCAL EFFECT : Unknown
COMMENTS :
Background : With the increase use of electronic documents by
public agencies, the Legislature enacted AB 2799 (Shelley) in
2000. The bill requires public agencies to disclose electronic
records in an electronic format, if the information or record is
kept in electronic format by the public agency. According to
the author however, "in many instances agencies will post or
turn over electronic data that is nothing more than an image
file. Meaning, the data or document cannot even utilize basic
functions such as search or indexing."
Since 2000, computer technology has advanced to provide open
format software whereby electronic documents, like those
maintained by public agencies, can be searched, indexed, and
redacted electronically. With this new ability in place, the
United States Director of the Office of Management and Budget
issued an Open Government Directive to federal government
agencies. The memorandum was intended to assist executive
department and agencies to implement the principles of
transparency, participation, and collaboration set for by
President Obama. The memorandum stated that:
"Transparency promotes accountability by providing the
public with information about what the Government is doing.
Participation allows members of the public to contribute
ideas and expertise so that their government can make
policies with the benefit of information that is widely
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dispersed in society. Collaboration improves the effectives
of Government by encouraging partnerships and cooperation
within the Federal Government, across levels of government,
and between the Government and Private institutions."
Purpose of the bill : According to the author, "the bill will
ensure an accessable transparent government by providing a clear
guideline with a reference standard so that when new mandates
pass, or new documents are published online as a matter of
course under existing law or regular business, they are in an
open and accessible format."
Arguments in support : According to California Aware, "The CPRA
was amended in the 1990s to bring its disclosure requirements up
to date to prevent new technology from becoming a barrier to
government transparency rather than a supportive factor.
Another updating is overdue to accomplish the same objective, by
encouraging public agencies to make information not only
available in static electronic format - humanly readable - but
in a machine readable form useable by the public for purposes of
the kind of sophisticated analysis that was beyond the reach or
even imagination of most people a decade ago or so."
Arguments in Opposition : According to the City of Cathedral
City, "to the extent that as a result of compliance with SB
1002, agencies post information involved in agency proceedings
in open format, and/or convert information involved in agency
proceedings to open format, document authentication and
proceeding problems for local agencies will result. For
example, applicants and other parties to agency proceedings, and
members of the public, would be able to manipulate open source
information on agency websites for later discussion and/or
introduction before the agency at hearings and other public
meetings. It may not be obvious that the information has been
altered and is being presented in altered form. As a result,
false or misleading information may be presented as a basis for
action by the agency."
Double referral : Should SB 1002 pass the Assembly Committee on
Governmental Organization, the bill will be referred to the
Assembly Local Government Committee.
Prior Legislation : AB 2799 (Shelley), Chapter 982, Statutes of
2000. The bill revises various provisions in the CPRA in order
to make available public records, not otherwise exempt from
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disclosure, in an electronic format, if the information or
record is kept in electronic format by a public agency.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County, and Municipal Employees
(AFSCME), AFL-CIO
California Aware
California Common Cause
California Council of the Blind
California Faculty Association
California Newspaper Publishers Association
California Teachers Association
San Francisco Public Utilities Commission
UAW Local 5810
United Reporting Crime Beat News
Opposition
California District Attorneys Association
California Peace Officers' Association
California Police Chiefs Association
Chief Probation Officers of California
City of Cathedral City
Commission on Peace Officer Standards and Training
League of California Cities
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531