Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 169


Introduced by Assembly Member Maienschein

January 22, 2015


An act tobegin delete amendend deletebegin insert addend insert Sectionbegin delete 66430 ofend deletebegin insert 6253.7 toend insert the Government Code, relating tobegin delete land use.end deletebegin insert local government.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 169, as amended, Maienschein. begin deleteLand use: subdivisions. end deletebegin insertLocal government: public records: Internet.end insert

begin insert

(1) The California Public Records Act requires a state or local agency, as defined, to make public records available for inspection, subject to certain exceptions. The act requires any agency that has any information that constitutes a public record not exempt from disclosure in an electronic format to make that public record available in an electronic format when requested by a person, and requires the agency to, among other things, make the information available in any electronic format in which the information is held.

end insert
begin insert

This bill would require a local agency, except a school district, that chooses to post a public record on its Internet Web site to post the public record in a format that meets specified requirements, including, among others, that the format is able to be retrieved, downloaded, indexed, and searched by a commonly used Internet search application.

end insert
begin insert

(2) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

end insert
begin insert

This bill would make legislative findings to that effect.

end insert
begin insert

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

The Subdivision Map Act prohibits a final or parcel map that creates a subdivision from being filed with the relevant local agency without the written consent of all parties having any record title interest in the real property proposed to be subdivided.

end delete
begin delete

This bill would make nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 6253.7 is added to the end insertbegin insertGovernment Codeend insertbegin insert, end insert2immediately following Section 6253.6begin insert, to read:end insert

begin insert
3

begin insert6253.7.end insert  

A local agency, except a school district, that posts a
4public record on its Internet Web site shall post the public record
5in an open file format that meets all of the following requirements:

6(a) Retrievable, downloadable, indexable, and electrically
7searchable by commonly used Internet search applications.

8(b) Platform independent and machine readable.

9(c) Available to the public free of charge and without any
10restriction that would impede the reuse or redistribution of the
11public record.

12(d) Retains the data definitions and structure present when the
13data was compiled, if applicable.

end insert
begin insert
14

begin insertSEC. 2.end insert  

The Legislature finds and declares that Section 1 of
15this act, which adds Section 6253.7 to the Government Code,
16furthers, within the meaning of paragraph (7) of subdivision (b)
17of Section 3 of Article I of the California Constitution, the purposes
18of that constitutional section as it relates to the right of public
19access to the meetings of local public bodies or the writings or
20subdivision (b) of Section 3 of Article I of the California
21Constitution, the Legislature makes the following findings:

P3    1Because California’s local agencies are increasingly releasing
2information in an open format, because open format is not defined
3in current law, and because data released by local agencies in an
4open format should be as uniform and usable as possible, requiring
5local agencies to follow standardized requirements when they elect
6to release information in an open format furthers the purpose of
7Section 3 of Article I of the California Constitution.

end insert
begin insert
8

begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that my be incurred by a local agency or school
11district under this act would result from a legislative mandate that
12is within the scope of paragraph (7) of subdivision (b) of Section
133 of Article I of the California Constitution.”

end insert
begin delete
14

SECTION 1.  

Section 66430 of the Government Code is
15amended to read:

16

66430.  

A final map or parcel map required by this chapter or
17by a local ordinance that creates a subdivision shall not be filed
18with the local agency without the written consent of every party
19that has any record title interest in the real property proposed to
20be subdivided, except as otherwise provided in this division.

end delete


O

    98