AB 1648,
as amended, Wilk. begin deletePublic records. end deletebegin insertState publications: distribution.end insert
Existing law requires the distribution of state publications, as defined, to specific libraries and depositories, and establishes the policy of the state to make freely available all state publications.
end insertbegin insertThis bill would modify the definition of “state publication” to specify that publications issued by the state on the Internet are included within its meaning. The bill would authorize a member of the public, as defined, to copy, share, distribute, or republish a state publication authored by the state.
end insert(1) The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria and with specified exceptions. The act prohibits a state or local agency from selling, exchanging, furnishing, or otherwise providing a public record subject to disclosure to a private entity in a manner that prevents a state or local agency from providing the public record directly.
end deleteThis bill would additionally prohibit a state or local agency from selling, exchanging, furnishing, or otherwise providing a public record subject to disclosure to a private entity in a manner that prevents a member of the public from sharing, distributing, or publishing the public record subject to disclosure.
end delete(2) 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 deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end delete(3) 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 deleteThis bill would make legislative findings to that effect.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertSection 14900.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert
A member of the public, as defined by Section 6252,
4may copy, share, distribute, or republish a state publication
5authored by the state.
begin insertSection 14902 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
7read:end insert
“State publication” or “publication” as herein employed
9is defined to include any document, compilation, journal, law,
10resolution, Blue Book, statute, code, register, pamphlet, list, book,
11report, memorandum, hearing, legislative bill, leaflet, order,
12regulation, directory,begin delete periodicalend deletebegin insert periodical,end insert or magazine issued by
13the state, the Legislature, constitutional officers, or any department,
14begin delete commissionend deletebegin insert commission,end insert or other agencybegin delete thereofend deletebegin insert
thereof,end insert or
15prepared for the state by private individual or organization and
16issuedbegin insert on the Internet orend insert in print, and “print” is defined to include
17all forms of duplicating other than by the use of carbon paper. The
18publications of the University of California, however, and
P3 1intraoffice or interoffice publications and forms shall not be
2included.
Section 6270 of the Government Code is amended
4to read:
(a) Notwithstanding any other law, no state or local
6agency shall sell, exchange, furnish, or otherwise provide a public
7record subject to disclosure pursuant to this chapter to a private
8entity in a manner that either:
9(1) Prevents
a state or local agency from providing the record
10directly pursuant to this chapter.
11(2) Prevents a member of the public from sharing, distributing,
12or publishing a record provided pursuant to this chapter.
13(b) Nothing in this section requires a state or local agency to
14use the State Printer to print public records. Nothing in this section
15prevents the destruction of records pursuant to law.
16(c) This section shall not apply to contracts entered into prior
17to January 1, 1996, between the County of Santa Clara and a private
18entity for the provision of public records subject to disclosure
19under this chapter.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district under this act would result from a legislative mandate that
24is within the scope of paragraph (7) of subdivision (b) of Section
253 of Article I of the California Constitution.
The Legislature finds and declares that Section 1 of
27this act, which amends Section 6270 of the Government Code,
28furthers, within the meaning of paragraph (7) of subdivision (b)
29of Section 3 of Article I of the California Constitution, the purposes
30of that constitutional section as it relates to the right of public
31access to the meetings of local public bodies or the writings of
32local public officials and local agencies. Pursuant to paragraph (7)
33of subdivision (b) of Section 3 of Article I of the California
34Constitution, the Legislature makes the following findings:
35It is in the public interest to ensure that members of the public
36can share, distribute, or publish a public record subject to disclosure
37by the California Public Records
Act.
O
98