BILL NUMBER: AB 169	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Maienschein

                        JANUARY 22, 2015

   An act to  amend   add  Section 
66430 of   6253.7 to  the Government Code,
relating to  land use.   local government. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 169, as amended, Maienschein.  Land use: subdivisions.
  Local government: public records: Internet.  

   (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.
 
   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.  
   (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.  
   This bill would make legislative findings to that effect. 

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

   This bill would make nonsubstantive changes to this provision.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 6253.7 is added to the 
 Government Code   ,  immediately following Section
6253.6  , to read:  
   6253.7.  A local agency, except a school district, that posts a
public record on its Internet Web site shall post the public record
in an open file format that meets all of the following requirements:
   (a) Retrievable, downloadable, indexable, and electrically
searchable by commonly used Internet search applications.
   (b) Platform independent and machine readable.
   (c) Available to the public free of charge and without any
restriction that would impede the reuse or redistribution of the
public record.
   (d) Retains the data definitions and structure present when the
data was compiled, if applicable.  
  SEC. 2.    The Legislature finds and declares that Section
1 of this act, which adds Section 6253.7 to the Government Code,
furthers, within the meaning of paragraph (7) of subdivision (b) of
Section 3 of Article I of the California Constitution, the purposes
of that constitutional section as it relates to the right of public
access to the meetings of local public bodies or the writings or
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
   Because California's local agencies are increasingly releasing
information in an open format, because open format is not defined in
current law, and because data released by local agencies in an open
format should be as uniform and usable as possible, requiring local
agencies to follow standardized requirements when they elect to
release information in an open format furthers the purpose of Section
3 of Article I of the California Constitution.  
  SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that my be incurred by a local
agency or school district under this act would result from a
legislative mandate that is within the scope of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution."  
  SECTION 1.    Section 66430 of the Government Code
is amended to read:
   66430.  A final map or parcel map required by this chapter or by a
local ordinance that creates a subdivision shall not be filed with
the local agency without the written consent of every party that has
any record title interest in the real property proposed to be
subdivided, except as otherwise provided in this division.