California Legislature—2013–14 Regular Session

Assembly BillNo. 292


Introduced by Assembly Member Nestande

February 11, 2013


An act to amend Section 11344 of the Government Code, relating to the California Code of Regulations.

LEGISLATIVE COUNSEL’S DIGEST

AB 292, as introduced, Nestande. California Code of Regulations: open access.

The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The act requires the Office of Administrative Law to provide for the official compilation, printing, and publication of state agency regulations, known as the California Code of Regulations.

This bill would provide that the full text of the California Code of Regulations shall bear an open access creative commons attribution license, allowing any individual, at no cost, to use, distribute, and create derivative works based on the material for either commercial or noncommercial purposes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 11344 of the Government Code is
2amended to read:

3

11344.  

The office shall do all of the following:

P2    1(a) Provide for the official compilation, printing, and publication
2of adoption, amendment, or repeal of regulations, which shall be
3known as the California Code of Regulations.begin delete Onend delete

4begin insert(1)end insertbegin insertend insertbegin insertOn end insertand after July 1, 1998, the office shall make available
5on the Internet, free of charge, the full text of the California Code
6of Regulations, and may contract with another state agency or a
7 private entity in order to provide this service.

begin insert

8(2) On and after January 1, 2014, or upon the expiration of an
9existing contract, the full text of the California Code of Regulations
10shall bear an open access creative commons attribution license,
11allowing any individual, at no cost, to use, distribute, and create
12derivative works based on the material for either commercial or
13noncommercial purposes.

end insert

14(b) Make available on its Internet Web site a list of, and a link
15to the full text of, each regulation filed with the Secretary of State
16that is pending effectiveness pursuant to Section 11343.4.

17(c) Provide for the compilation, printing, and publication of
18weekly updates of the California Code of Regulations. This
19 publication shall be known as the California Code of Regulations
20Supplement and shall contain amendments to the code.

21(d) Provide for the publication dates and manner and form in
22which regulations shall be printed and distributed and ensure that
23regulations are available in printed form at the earliest practicable
24date after filing with the Secretary of State.

25(e) Ensure that each regulation is printed together with a
26reference to the statutory authority pursuant to which it was enacted
27and the specific statute or other provision of law which the
28regulation is implementing, interpreting, or making specific.



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