BILL ANALYSIS Ó
SB 1002
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SENATE THIRD READING
SB 1002 (Yee)
As Amended August 20, 2012
Majority vote
SENATE VOTE :35-0
GOVERNMENTAL ORGANIZATION 11-3 LOCAL GOVERNMENT 5-3
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|Ayes:|Hall, Nestande, Atkins, |Ayes:|Alejo, Bradford, Campos, |
| |Block, Blumenfield, | |Davis, Hueso |
| |Chesbro, Garrick, Gatto, | | |
| |Hill, Jeffries, Ma | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Galgiani, Perea, Torres |Nays:|Smyth, Knight, Norby |
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Gatto, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Fuentes, | | |
| |Hall, Hill, Cedillo, | | |
| |Mitchell, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
| | | | |
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SUMMARY : Requires the State Chief Information Officer (CIO) to
conduct a study to determine the feasibility of providing
electronic records in an open format. Specifically, this bill :
1)Requires the study to include the following information:
a) The types of records that are appropriate to be provided
in an open format;
b) The proper definition of "open format"; and,
c) The cost to both state and local governments of
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providing information in an open format.
2)Requires the CIO to provide a copy of the study to the chairs
of the Senate and Assembly Committees on Governmental
Organization and Appropriations and the Assembly Committee on
Local Government and the Senate Committee on Governance and
Finance by January 1, 2014.
3)Defines "open format," for purposes of this bill, to include
the following:
a) The format can be retrieved, downloaded, indexed, and
searched by commonly used Internet search applications;
b) The format is platform independent, machine readable,
and made available to the public without restrictions that
would impede the reuse of its information; and,
c) If applicable, the format retains data definitions,
structure, and is as granular as possible.
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.
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
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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 : According to the Assembly Appropriations
Committee, one-time costs, potentially in excess of $200,000
from the General Fund (GF), for the CIO to conduct the required
study.
COMMENTS :
Background : With the increased use of electronic documents by
public agencies, the Legislature enacted AB 2799 (Shelley),
Chapter 982, Statutes of 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
departments 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
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policies with the benefit of information that is widely
dispersed in society. Collaboration improves the
effectiveness of Government by encouraging partnerships and
cooperation within the Federal Government, across levels of
government, and between the Government and Private
institutions.
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
disclosure, in an electronic format, if the information or
record is kept in electronic format by a public agency.
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531
FN: 0005193