BILL NUMBER: SB 218	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 17, 2009
	AMENDED IN ASSEMBLY  JULY 14, 2009
	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,  Dutton,  and
Runner)
   (Coauthors: Assembly Members Beall, DeVore, Furutani, 
Nielsen,  Portantino,  and Smyth   Silva,
  Smyth,   Torrico,   and Tran  )

                        FEBRUARY 23, 2009

   An act to  add Section 92034 to   amend
Sections 72670 and 89901 of, and 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: 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   those records  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  specified  auxiliary organizations
established for the purpose of providing support services and
specialized programs for the general benefit of 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, 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   specified auxiliary organizations and other
specified entities  . 
    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. 
   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
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 72670 of the  
Education Code   is amended to read: 
   72670.  The governing board of a community college district may
establish auxiliary organizations for the purpose of providing
supportive services and specialized programs for the general benefit
of its college or colleges. As used in this article, "auxiliary
organization" may include, but is not limited to, the following
entities:
   (a) Any entity in which any official of a community college
district participates as a director as part of his or her official
position.
   (b) Any entity formed or operating pursuant to Article 4
(commencing with Section 76060) of Chapter 1 of Part 47.
   (c) Any entity  which   that  operates a
commercial service for the benefit of a community college or
district on a campus or other property of the district.
   (d) Any entity whose governing instrument provides in substance
both of the following:
   (1) Its purpose is to promote or assist a community college or
district, or to receive gifts, property  ,  and funds to be
used for the benefit of the community college or district or any
person or organization having an official relationship therewith.
   (2) Any of its directors, governors, or trustees are either
appointed or nominated by, or subject to, the approval of the
governing board of the district, an official of the district, or
selected, ex officio, from the membership of the student body or the
faculty or the governing board or the administrative staff of the
district.
   (e) Any entity  which   that  is
designated as an auxiliary organization by the district governing
board. 
   (f) Nothing in this section shall require an entity described in
this section to disclose information that is exempt from disclosure
pursuant to Section 99040, Section 3426.1 of the Civil Code, Section
1060 of the Evidence Code, or subdivision (k) of Section 6254 of the
Government Code. 
   SEC. 2.    Section 89901 of the   Education
Code   is amended to read: 
   89901.  As used in this article, the term "auxiliary organization"
includes the following entities:
   (a) Any entity in which any official of the California State
University participates as a director as part of his or her official
position.
   (b) Any entity formed or operating pursuant to Article 1
(commencing with Section 89300) of Chapter 3.
   (c) Any entity  which   that  operates a
commercial service for the benefit of a campus of the California
State University on a campus or other property of the California
State University.
   (d) Any entity whose governing instrument provides in substance
both of the following:
   (1) That its purpose is to promote or assist any campus of the
California State University, or to receive gifts, property, and funds
to be used for the benefit of such 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 California State University, or selected, ex
officio, from the membership of the student body or the faculty or
the administrative staff of campus.
   (e) Any entity whose governing instrument provides in substance
both of the following:
   (1) That its purpose is to promote or assist the trustees of the
California State University, or to receive gifts, property, and funds
to be used for the benefit of the trustees of the California State
University 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
trustees or an official of the California State University, or
selected, ex officio, from the membership of the trustees or the
administrative staff of the California State University.
   (f) Any entity which, exclusive of the foregoing subdivisions of
this section, is designated as an auxiliary organization by the
trustees. 
   (g) Nothing in this section shall require an entity described in
this section to disclose information that is exempt from disclosure
pursuant to Section 99040, Section 3426.1 of the Civil Code, Section
1060 of the Evidence Code, or subdivision (k) of Section 6254 of the
Government Code. 
   SECTION 1.   SEC. 3.   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. 
   (f) Nothing in this section shall require an entity described in
this section to disclose information that is exempt from disclosure
pursuant to Section 99040, Section 3426.1 of the Civil Code, Section
1060 of the Evidence Code, or subdivision (k) of Section 6254 of the
Government Code. 
   SEC. 2.   SEC. 4.   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  
described in subdivision (b), (d), or (e) of Section 72670 of
the Education Code,  except as provided in subdivision (c) of
that section  ; 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 all of the following:
   (1) (A) Every state office, officer, department, division, bureau,
board, and commission or other state body or agency.
   (B) An organization  operating pursuant to  
described in subdivision (b), (d), (e), or (f) of  Section 89901
of the Education Code  , except as provided in subdivision
(c) of that section  .
   (C) An organization  operating pursuant to  
described in subdivision (c), (d), or (e) of  Section 92034 of
the Education Code  , except 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.   . 
   (2) "State agency" does not include 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.   SEC. 5.   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  , 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.   SEC. 6.   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.   SEC. 7.   The Legislature
finds and declares that Section  3   5  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.