BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1002|
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UNFINISHED BUSINESS
Bill No: SB 1002
Author: Yee (D)
Amended: 8/20/12
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : Not available
SUBJECT : Public records: electronic format
SOURCE : Author
DIGEST : This bill requires the State Chief Information
Officer (CIO) to conduct a study to determine the
feasibility of providing electronic records in an open
format.
Assembly Amendments (1) amend the definition of "open
format"; (2) delete the definition of open source
software; (3) require the State Chief Information Officer
to conduct a feasibility study
ANALYSIS :
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
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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 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.
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
providing information in an open format.
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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.
DLW:d 8/31/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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