BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                        AB 169|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |

                                   THIRD READING 

          Bill No:  AB 169
          Author:   Maienschein (R), et al.
          Amended:  6/18/15 in Senate
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  7-0, 6/30/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  


           ASSEMBLY FLOOR:  77-0, 5/7/15 - See last page for vote

           SUBJECT:   Local government:  public records:  Internet

          SOURCE:    Author

          DIGEST:   This bill establishes open format requirements for  
          posting a public record if a local agency, except a school  
          district, maintains an "open data" Internet Resource, including,  
          but not limited to, an Internet Web site, Internet Web page, or  
          Internet Web portal, and voluntarily posts the public record.
          Existing law:

          1)Declares, under the California Constitution, the people's  
            right to transparency in government.  ("The people have the  
            right of access to information concerning the conduct of the  
            people's business, and therefore, the meetings of public  
            bodies and the writings of public officials and agencies shall  


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                                                                    Page  2

            be open to public scrutiny....")

          2)Governs, under the California Public Records Act (CPRA), the  
            disclosure of information collected and maintained by public  
            agencies.  Generally, all public records are accessible to the  
            public upon request, unless the record requested is exempt  
            from public disclosure.  There are 30 general categories of  
            documents or information that are exempt from disclosure,  
            essentially due to the character of the information, and  
            unless it is shown that the public's interest in disclosure  
            outweighs the public's interest in non-disclosure of the  
            information, the exempt information may be withheld by the  
            public agency with custody of the information.

          3)Provides that public records are open to inspection at all  
            times during the office hours of the state or local agency and  
            every person has a right to inspect any public record, except  
            as specified.  Any reasonably segregable portion of a record  
            shall be available for inspection by any person requesting the  
            record after deletion of the portions that are exempted by  

          4)Requires a public agency to make non-exempt electronic public  
            records available in any electronic format in which it holds  
            the information or, if requested, in an electronic format used  
            by the agency to create copies for its own or other agency's  

          5)Authorizes a public agency to charge to the requestor the  
            direct cost of producing the electronic public record.

          6)Requires the requestor of the electronic public record to pay  
            the cost of producing a copy of the record, including the cost  
            to construct the 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  
            electronic record.

          7)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  


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                                                                    Page  3

            proprietary software in which it is maintained.

          8)Defines "local agency" to include a county; city, whether  
            general law or chartered; city and county; school district;  
            municipal corporation; district; political subdivision; or any  
            board, commission or agency thereof; other local public  
            agency; or entities that are legislative bodies of a local  

          This bill:

          1)Requires, if a local agency, except a school district,  
            maintains an Internet Resource, including, but not limited to,  
            an Internet Web site, Internet Web page, or Internet Web  
            portal, which the local agency describes or titles as "open  
            data," and the local agency voluntarily posts a public record  
            on that Internet Resource, the local agency to post the public  
            record in an open format that meets all of the following  

                 retrievable, downloadable, indexable, and electronically  
               searchable by commonly used Internet search applications;
                 platform independent and machine readable;
                 available to the public free of charge and without any  
               restriction that would impede the reuse or redistribution  
               of the public record; and
                 retains the data definitions and structure present when  
               the data was compiled, if applicable.

          2)Makes various related legislative findings and declarations.


          The California Public Records Act (CPRA), enacted in 1968,  
          requires public disclosure of public agency documents.  The CPRA  
          gives every person the right to inspect and obtain copies of all  
          state and local government documents not exempt from disclosure.  
           (Gov. Code Sec. 6253.)  In recognition of the increased  
          reliance by public agencies on electronic documents, the  
          Legislature enacted AB 2799 (Shelley, Chapter 982, Statutes of  
          2000), which, among other things, required public agencies, upon  
          request, to disclose electronic records in an electronic format  
          in which the agency held information or in a format that had  
          been used by the agency to create copies for its own use or for  


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          other public agencies.

          Since 2000, computer technology has advanced to provide open  
          format software whereby electronic documents created and  
          maintained by public agencies can be searched, indexed, and  
          redacted electronically.  In 2009, in order to increase  
          government agency accountability, promote informed public  
          participation, and create economic opportunity through expanding  
          access to information online in open formats, the United States  
          Director of the Office of Management and Budget issued an Open  
          Government Directive to federal government agencies.  (Peter R.  
          Orszag, Director, Executive Office of the President, Office of  
          Management and Budget, Memorandum for the Heads of Executive  
          Departments and Agencies, Open Government Directive, Dec. 8,  
          2009, p. 2.)  This Directive provided guidelines to public  
          agencies responding to public requests under the Freedom of  
          Information Act and instructed federal government agencies to  
          "publish information online in an open format that can be  
          retrieved, downloaded, indexed, and searched by commonly used  
          web search applications."  (Id.)

          In 2013, President Obama signed Executive Order No. 13642, which  
          established the Open Data Policy and required all newly  
          generated government data to be made available in open,  
          machine-readable formats in order to "promote continued job  
          growth, Government efficiency, and the social good that can be  
          gained from opening Government data to the public."  (Exec.  
          Order No. 13642, 78 Fed.Reg. 28111 (May 9, 2013).)

          This bill seeks to further the purpose of those orders by  
          requiring local agencies, other than school districts, to post  
          public records in an open format.

          The author writes:

          Key information maintained by local governments, from business  
          licenses to council agendas and budgets, are frequently kept in  
          file formats that make them difficult to find or analyze using  
          contemporary internet tools and other technology.  The current  
          guidelines for posting these documents predate the Xerox machine  
          and thus are inadequate in the modern era.


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                                                                    Page  5

          The concept of "Open Data" describes data that are freely  
          available, machine-readable, and formatted according to national  
          technical standards to facilitate visibility and re-use of  
          published data.  This concept of open data allows access to  
          standardized data that can be easily retrieved, downloaded,  
          sorted, searched, analyzed, redistributed and re-used by  
          individuals, business, researchers, journalists, developers, and  
          government to process, trend, and innovate utilizing a single  
          data table or combinations of data tables.

          Related/Prior Legislation
          SB 573 (Pan, 2015), among other things, creates the statewide  
          open data portal, as defined, to provide public access to data  
          sets from agencies within the state.  The bill requires any data  
          published on the statewide open data portal or other open data  
          portal operated by an agency to comply with all state and  
          federal privacy laws and regulations, and make the statewide  
          open data portal available, at no cost, to local agencies  
          interested in using the statewide open data portal to publish  
          its own data.  SB 573 is currently in the Assembly  
          Appropriations Committee.

          SB 272 (Hertzberg, 2015) requires each local agency to create a  
          catalog of enterprise systems, as defined, post that catalog on  
          the local agency's Internet Web site, and make the catalog  
          publicly available upon request in the office of the clerk of  
          the agency's legislative body.  SB 272 is currently in the  
          Assembly Local Government Committee.

          AB 1215 (Ting, 2015), among other things, enacts the California  
          Open Data Act and requires state agencies to make public data,  
          as defined, available on an Internet Web portal and authorize a  
          local government to adopt that standard.  AB 1215 requires each  
          state agency, on or before July 1, 2016, to submit a strategic  
          plan and a strategic enterprise application plan, as specified,  
          to the Chief Data Officer and to post the reports on the  
          Internet Web portal.  AB 1215 also requires specified legal  
          policies for public data to be posted on the Internet Web  
          portal.  AB 1215 is currently under submission in the Assembly  
          Appropriations Committee.

          SB 1002 (Yee, 2012) would have enacted the California Open Data  
          Standard and required a state or local agency to make electronic  


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          data or an electronic document available to the public in an  
          open format, as defined.  That provision was subsequently  
          removed to instead require the State Chief Information Officer  
          to conduct a study to determine the feasibility of providing  
          electronic records in an open format.  SB 1002 was vetoed by  
          Governor Brown because he believed that another legislative  
          report on electronic public records was unnecessary.

          AB 2799 (Shelley, Chapter 982, Statutes of 2000) - See  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          SUPPORT:   (Verified7/13/15)

          Associated Builders and Contractors of California
          Building Owners and Managers Association of California
          California Building Industry Association
          California Business Properties Association
          California Business Roundtable
          California Forward Action Fund
          California League of Food Processors
          California Manufacturing & Technology Association
          California Professional Firefighters
          California Taxpayers Association
          Commercial Real Estate Development Association, NAIOP of  
          Family Business Association
          International Council of Shopping Centers
          Los Angeles County Business Federation
          National Federation of Independent Business
          San Diego Regional Data Library
          Sunlight Foundation

          OPPOSITION:   (Verified7/13/15)

          None received

          ASSEMBLY FLOOR:  77-0, 5/7/15


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                                                                    Page  7

          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Atkins
          NO VOTE RECORDED:  Campos, Roger Hernández, Steinorth

          Prepared by:Tara Welch / JUD. / (916) 651-4113
          7/14/15 11:17:35

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