BILL NUMBER: SB 218 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE MAY 20, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 27, 2009
INTRODUCED BY Senator Yee
(Coauthors: Senators Calderon, DeSaulnier, and Runner)
(Coauthors: Assembly Members Beall, DeVore, Furutani, Portantino,
and Smyth)
FEBRUARY 23, 2009
An act to add Section 92034 to the Education Code, to amend
Section 6252 of, and to add Section 6254.30 to, the Government Code,
relating to public records.
LEGISLATIVE COUNSEL'S DIGEST
SB 218, as amended, Yee. Public records: state agency:
nonprofit entity. auxiliary organizations.
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 terms "local agency"
and "state agency" for purposes of the act.
This bill would revise the definition of the term "local agency"
to additionally include auxiliary organizations established for the
purpose of providing support services and specialized programs for
the general benefit of a community college, or a nonprofit entity
that operates certain campus facilities, as specified, at a community
college.
This bill would revise the definition of the term "state agency"
to additionally include any entity in which an official of the
University of California or the California State University
participates as a director as part of his or her official duties, any
entity that operates a commercial service for either of those
entities, or any entity that has as its purpose to promote the
campuses of either institution. The bill would include any entity
whose governing instrument provides that it is to receive gifts,
property, and funds to be used for the benefit of either institution,
and has any of its directors, governors, or trustees either
appointed or nominated by the respective institutions. The bill would
also include any entity that has any of its directors, governors, or
trustees appointed, nominated, or subject to approval by the regents
or trustees and whose purpose is to promote the regents or the
trustees, or to receive gifts, property, and funds on behalf of the
regents or trustees.
The bill would also include in the definition of "state agency"
any entity that is designated as an auxiliary organization by the
regents or the trustees, and also any student body organization
established for the purpose of providing certain essential activities
at a California State University under the supervision of university
officials.
The bill would exempt from disclosure under the California Public
Records Act the names of individuals who donate to specified entities
if those individuals request anonymity. However, the bill would
provide that this exemption does not apply if a donor, in a quid pro
quo arrangement, receives anything that has more than a nominal value
in exchange for the donation.
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 organizations, such
as the CSU Fresno Association, at issue in California State
University, Fresno Assn., Inc. v. Superior Court (2001) 90
Calliope. 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 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 the following entities:
(a) An entity in which an official of the University of California
participates as a director as part of his or her official duties.
(b) An entity that operates a commercial service for the benefit
of a campus of the University of California on a campus or other
property of the University of California.
(c) An entity whose governing instrument provides in substance
both of the following:
(1) That its purpose is to promote or assist any campus of the
University of California, or to receive gifts, property, and funds to
be used for the benefit of that campus or any person or organization
having an official relationship therewith.
(2) That any of its directors, governors, or trustees are either
appointed or nominated by, or subject to the approval of, an official
of any campus of the University of California, or serve, ex officio,
from the membership of the student body or the faculty or the
administrative staff of a campus.
(d) Any entity whose governing instrument provides in substance
both of the following:
(1) That its 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 of the University of
California, or any person or organization having an official
relationship therewith.
(2) That any of its directors, governors, or trustees are either
appointed or nominated by, or subject to, the approval of the Regents
or an official of the University of California, or serve, ex
officio, from the membership of the regents or the administrative
staff of the University of California.
(e) An entity that is designated by the regents as an auxiliary
organization of the University of California.
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; an entity organized pursuant to Section 72670 of the
Education Code or a nonprofit 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 community college; 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, an organization operating pursuant to Section 89300,
89901, or 92034 of the Education Code, or a nonprofit 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
89901, or 92034 of the Education Code, 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. 3. Section 6254.30 is added to the Government Code, to read:
6254.30. Nothing in this chapter shall be construed to require
disclosure of the names of individuals who donate to an entity
described in Section 72670, 89300, 89901, or 92034 of the Education
Code or to a nonprofit entity described in subdivision (f) of Section
6252 of this code , if those individuals request
anonymity. This exemption does not apply if a donor, in a quid pro
quo arrangement, receives anything that has more than a nominal value
in exchange for the donation.
SEC. 4. 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 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.
SEC. 5. The Legislature finds and declares that Section 3 of this
act imposes a limitation on the public's right of access to writings
of public officials and agencies within the meaning of Section 3 of
Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following finding
to demonstrate the interest protected by this limitation and the
need for protecting that interest: The Legislature finds and declares
that in order to protect the privacy of individuals who donate to
specified entities and request anonymity, it is necessary to exempt
those individuals' names from disclosure.