BILL ANALYSIS Ó
AB 1648
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Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
Cristina Garcia, Chair
AB 1648
(Wilk) - As Amended March 15, 2016
SUBJECT: State publications: distribution
SUMMARY: This bill expands the definition of "state
publication" to include publications that are issued by the
state on the internet and allows a member of the public to copy,
share, distribute, or republish as specified.
EXISTING LAW declares it is the policy of the State of
California to make available to inhabitants of the state free
copies of state publications through public libraries and that
these libraries shall maintain printed copies and assist public
library patrons in their use (Government Code 14900).
FISCAL EFFECT: Unknown
COMMENTS: Current law governing the distribution of state
publications to libraries was first placed in statute in 1945
and was last modified in 1965. The distribution of
"information" from the State has changed dramatically over the
last fifty years. However, the distribution of "state
publications" has remained focused on printed material.
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This bill seeks to include publications that are issued by the
state on the internet within the definition of "state
publication." The bill would also allow any member of the
public to copy or republish this material. The author states
that, "any practice that at all limits the public's access to
public documents should not be tolerated." The author cites the
current contract involving the California Code of Regulations
(CCR). The Office of Administrative Law (OAL) is tasked with
maintaining the CCR and making it available to the public on the
internet. The OAL does this through a contract with a qualified
vendor.
Currently, OAL has no information technology staff and contracts
with the vendor to provide the statutorily required public
access. Compensation for the service provided by the vendor
comes from allowing the vendor to charge individuals, businesses
and others for additional services, such as enhanced search
functions and notifications of changes or additions to
regulations, based on the copyright of the CCR held by the State
of California. According to OAL, the State receives
approximately $570,000 annually from this contract.
If the State wishes to allow any member of the public to copy or
republish the free online version of the CCR, as would be
permitted under this bill, the State would have to forgo any
benefits accrued from contracting this service to an outside
vendor.
While this bill will presumably increase public access to state
publications provided on the internet, it will do so at a cost
to the state.
PREVIOUS LEGISLATION: AB 1612 (Donnelly) of 2014 was similar to
this bill but substantially amended in the Assembly
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Appropriations Committee. The subsequent bill would have
prohibited the OAL from charging users with disabilities a fee
for access to the free online CCR. The bill was vetoed by the
Governor, who stated it was unnecessary because any problems
with accessibility can be quickly corrected by the OAL.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by:William Herms / A. & A.R. / (916) 319-3600
AB 1648
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