AB 1612, as amended, Donnelly. State government: regulations.
The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The act requires the Office of Administrative Law to provide on its Internet Web site, free ofbegin delete chargesend deletebegin insert charge,end insert the full text of the California Code of Regulations, and a list of, and a link to the full text of, each regulation filed with the Secretary of State that is pending effectiveness, as specified. Existing law requires the Legislative Counsel to make specified information available to the public in electronic form, including, among other things, the legislative calendar, the text of each bill introduced in each current legislative
session, the California Codes, and the California Constitution.
This bill would require the Office of Administrative Law to make those regulations searchable in one or more formats and by one or more means in order to provide the greatest feasible access to the public, and also make those regulations available by other means, as specified. This bill would declare legislative intent to provide a level of public access to the California Code of Regulations that is equal to, or greater than, the level of access to the California Codes provided by the Legislative Counsel.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11344 of the Government Code is
2amended to read:
The office shall do all of the following:
4(a) (1) Provide for the official compilation, printing, and
5publication of adoption, amendment, or repeal of regulations,
6which shall be known as the California Code of Regulations. On
7and after July 1, 1998, the office shall make available on the
8Internet, free of charge, the full text of the California Code of
9Regulations, and may contract with another state agency or a
10private entity in order to provide this service.
11(2) The regulations required to be made available on the Internet
12pursuant to paragraph (1) shall be searchable in one or more
13formats and by one or more means in order to
provide the greatest
14feasible access to the general public in this state, including the
15ability to access all or any part of the regulations. The regulations
16may also be made available by any other means of access that
17would facilitate public access to the information.
18(3) For purposes of this subdivision, “greatest feasible access”
19shall not include intentionally installing any tool, including, but
20not limited to, a meta tag, designed for the express purpose of
21blocking third-party Internet search engines from accessing or
22indexing the regulations.
23(3)
end delete
24begin insert(end insertbegin insert4)end insert It is the intent of the Legislature, in enacting this subdivision,
25that the officebegin delete shallend delete
provide a level of public access to the
26California Code of Regulations that is equal to, or greater than,
27the level of access to the California Codes provided by the
28Legislative Counsel pursuant to subdivision (b) of Section 10248.
29(b) Make available on its Internet Web site a list of, and a link
30to the full text of, each regulation filed with the Secretary of State
31that is pending effectiveness pursuant to Section 11343.4.
32(c) Provide for the compilation, printing, and publication of
33weekly updates of the California Code of Regulations. This
P3 1publication shall be known as the California Code of Regulations
2Supplement and shall contain amendments to the code.
3(d) Provide for the publication dates and manner and
form in
4which regulations shall be printed and distributed and ensure that
5regulations are available in printed form at the earliest practicable
6date after filing with the Secretary of State.
7(e) Ensure that each regulation is printed together with a
8reference to the statutory authority pursuant to which it was enacted
9and the specific statute or other provision of law which the
10regulation is implementing, interpreting, or making specific.
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