BILL NUMBER: AB 1612 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2014
AMENDED IN ASSEMBLY MARCH 3, 2014
INTRODUCED BY Assembly Member Donnelly
(Coauthors: Assembly Members Grove, Harkey, Jones, and Nestande)
FEBRUARY 6, 2014
An act to amend Section 11344 of the Government Code, relating to
state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1612, as amended, Donnelly. State government: regulations.
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 on its Internet Web site,
free of charge, the full text of the California Code of Regulations,
and a list of, and a link to the full text of, each regulation filed
with the Secretary of State that is pending effectiveness, as
specified. Existing law requires the Legislative Counsel to make
specified information available to the public in electronic form,
including, among other things, the legislative calendar, the text of
each bill introduced in each current legislative session, the
California Codes, and the California Constitution.
This bill would require the Office of Administrative Law to make
those regulations searchable in one or more formats and by one or
more means in order to provide the greatest feasible access to the
public, and also make those regulations available by other means, as
specified. This bill would declare legislative intent to provide a
level of public access to the California Code of Regulations that is
equal to, or greater than, the level of access to the California
Codes provided by the Legislative Counsel.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11344 of the Government Code is amended to
read:
11344. The office shall do all of the following:
(a) (1) Provide for the official compilation, printing, and
publication of adoption, amendment, or repeal of regulations, which
shall be known as the California Code of Regulations. On and after
July 1, 1998, the office shall make available on the Internet, free
of charge, the full text of the California Code of Regulations, and
may contract with another state agency or a private entity in order
to provide this service.
(2) The regulations required to be made available on the Internet
pursuant to paragraph (1) shall be searchable in one or more formats
and by one or more means in order to provide the greatest feasible
access to the general public in this state, including the ability to
access all or any part of the regulations. The regulations may also
be made available by any other means of access that would facilitate
public access to the information.
(3) For purposes of this subdivision, to provide the
"greatest feasible access" access," the
office shall not include intentionally installing
do any of the following:
(A) Charge any fee to enable the access that is required by
subdivision (d) of Section 11135 for individuals with disabilities.
Any accessibility options advertised to end users of the Internet Web
site under the "accessibility" link, including any frameless,
text-based interface provided pursuant to Section 1194.22(k) of Title
36 of the Code of Federal Regulations, shall be made available to
the public free of charge.
(B) Intentionally install any
tool, including, but not limited to, a meta tag, designed for the
express purpose of blocking third-party Internet search engines from
accessing or accessing, indexing ,
or providing foreign language translation of the regulations.
(4) It is the intent of the Legislature, in enacting this
subdivision, that the office provide a level of public access to the
California Code of Regulations that is equal to, or greater than, the
level of access to the California Codes provided by the Legislative
Counsel pursuant to subdivision (b) of Section 10248.
(b) Make available on its Internet Web site a list of, and a link
to the full text of, each regulation filed with the Secretary of
State that is pending effectiveness pursuant to Section 11343.4.
(c) Provide for the compilation, printing, and publication of
weekly updates of the California Code of Regulations. This
publication shall be known as the California Code of Regulations
Supplement and shall contain amendments to the code.
(d) Provide for the publication dates and manner and form in which
regulations shall be printed and distributed and ensure that
regulations are available in printed form at the earliest practicable
date after filing with the Secretary of State.
(e) Ensure that each regulation is printed together with a
reference to the statutory authority pursuant to which it was enacted
and the specific statute or other provision of law which the
regulation is implementing, interpreting, or making specific.