BILL NUMBER: SB 218 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 27, 2009
INTRODUCED BY Senator Yee
(Coauthors: Senators DeSaulnier and Runner)
(Coauthors: Assembly Members Beall, DeVore, Furutani, Portantino,
and Smyth)
FEBRUARY 23, 2009
An act to add Sections 71052, 89049, and
Section 92034 to the Education Code, and to amend Section 6252
of the Government Code, relating to public records.
LEGISLATIVE COUNSEL'S DIGEST
SB 218, as amended, Yee. Public records: state agency: nonprofit
entity.
The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless they
are exempt from disclosure. The act defines the term "state agency"
for purposes of the act.
This bill would revise the definition of the term "state agency"
to additionally include any entity, including, but not
limited to, a nonprofit corporation, that receives public funds or
performs a governmental function on behalf of the California
Community Colleges, the California State University, or the
University of California an organization operating
pursuant to specific provisions of the Education Code, or an entity
that operates a campus facility, including, but not
limited to, a bookstore, sports complex, arena, theater, student
center, parking program, or other similar activity at a California
public postsecondary education institution .
This bill would also provide that it is the intent of the
Legislature to reject the court's interpretation of state law
regarding the application of the act to auxiliary bodies
organizations, such as the CSU Fresno Association, at
issue in California State University, Fresno Assn., Inc. v.
Superior Court (2001) 90 Cal.App.4th 810.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 71052 is added to the
Education Code, to read:
71052. Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code applies to any entity, including,
but not limited to, a nonprofit corporation, that receives public
funds or performs a governmental function on behalf of the California
Community Colleges.
SEC. 2. Section 89049 is added to the Education
Code, to read:
89049. Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code applies to any entity, including,
but not limited to, a nonprofit corporation, that receives public
funds or performs a governmental function on behalf of the California
State University.
SEC. 3. SECTION 1. Section 92034 is
added to the Education Code, to read:
92034. Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code applies to any entity ,
including, but not limited to, a nonprofit corporation, that receives
public funds or performs a governmental function on behalf of the
University of California. whose purpose is to promote
or assist the Regents of the University of California, or to receive
gifts, property, and funds to be used for the benefit of the regents,
or any person or organization having an official relationship with
the regents.
SEC. 4. SEC. 2. Section
6252 of the Government Code is amended to read:
6252. As used in this chapter:
(a) "Local agency" includes 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 agency pursuant to subdivisions (c) and (d) of
Section 54952.
(b) "Member of the public" means any person, except a member,
agent, officer, or employee of a federal, state, or local agency
acting within the scope of his or her membership, agency, office, or
employment.
(c) "Person" includes any natural person, corporation,
partnership, limited liability company, firm, or association.
(d) "Public agency" means any state or local agency.
(e) "Public records" includes any writing containing information
relating to the conduct of the public's business prepared, owned,
used, or retained by any state or local agency regardless of physical
form or characteristics. "Public records" in the custody of, or
maintained by, the Governor's office means any writing prepared on or
after January 6, 1975.
(f) "State agency" means every state office, officer, department,
division, bureau, board, and commission or other state body or
agency, or an entity subject to Section 71052, 89049, or
92034 of the Eduction Code an organization operating
pursuant to Section 72670, 89305, 89901, or 92034 of the Education
Code, or an entity that operates a campus facility, including, but
not limited to, a bookstore, sports complex, arena, theater, student
center, parking program, or other similar activity at a California
public postsecondary education institution , except those
agencies provided for in Article IV (except Section 20 thereof) or
Article VI of the California Constitution.
(g) "Writing" means any handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing any form of communication or representation, including
letters, words, pictures, sounds, or symbols, or combinations
thereof, and any record thereby created, regardless of the manner in
which the record has been stored.
SEC. 5. SEC. 3. It is the intent of
the Legislature in enacting this act to construe and clarify the
meaning and effect of existing law and to reject the court's
interpretation of state law regarding the application of the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code) to auxiliary
bodies organizations, such as the CSU Fresno
Association, at issue in California State University, Fresno
Assn., Inc. v. Superior Court (2001) 90 Cal.App.4th 810.