BILL ANALYSIS �
Bill No: AB
1612
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
AB 1612 Author: Donnelly
As Amended: May 23, 2014
Hearing Date: June 24, 2014
Consultant: Paul Donahue
SUBJECT
Administrative Regulations: Access to regulations online
DESCRIPTION
Prohibits the Office of Administrative Law (OAL) from
charging any fee to individuals with disabilities to enable
access to the California Code of Regulations (CCR), and
from charging for any accessibility option advertised to
end users of its Internet Web site under the
"accessibility" link, as specified.
EXISTING LAW
Requires the OAL to provide on its Internet Web site, free
of charge, the full text of the CCR, including an index of
links to the full text of each regulation, or pending
regulation, filed with the Secretary of State. OAL may
contract with another state agency or a private entity in
order to provide this service
BACKGROUND
Purpose of the bill : According to the author, AB 1612
prohibits the OAL from charging users with disabilities a
fee for access to the free online regulations. Currently on
OAL's site, the accessibility tab is linked to a private
company that states that accessible versions of the site
are available, but they will cost the user a substantial
AB 1612 (Donnelly) continued
Page 2
amount of money. This will ensure that the state's laws are
open and accessible to all Californians.
Currently, OAL has no information technology staff and
contracts with West Publishing Corporation to provide the
statutorily required public access. Compensation for the
service provided by the private entity comes from the
ability of this entity to charge individuals, businesses
and others for additional services (including enhanced
search functions and notifications of changes or additions
in regulations) based upon the copyright of the CCR that is
held by the State of California.
According to the author's office, the quality of online
access is unacceptably poor. For example:
OAL allows users only five minutes of access at a
time.
More than 2000 separate clicks are required to
generate a Table of Contents.
The site charges persons with disabilities for
access.
OAL intentionally blocks search engines from
accessing and indexing the text.
The site blocks third-party language translation
services (e.g. Google Translate).
OAL only allows access to one section of text at a
time.
Each individual section can only be loaded, copied,
or printed one-by-one.
Each Division, Chapter, Subchapter, and Article
must be manually expanded one-by-one before users can
access the text of regulations
The full text is not available for download.
Permission is required from OAL before a member of
the public can use, share, distribute, reproduce,
disseminate, publish, transfer, or store the text of a
regulation.
PRIOR/RELATED LEGISLATION
SB 1099 (Wright), Chapter 295, Statutes of 2012. Requires
OAL to provide on its Internet Web site a list of, and a
link to the full text of, each regulation filed with the
Secretary of State that is pending effectiveness.
AB 1612 (Donnelly) continued
Page 3
AB 1612 (Lara) Chapter 471, Statutes of 2012. Requires a
state entity proposing changes to building standards that
impact housing to include information on the estimated
costs and benefits of the changes.
AB 410 (Swanson), Chapter 495, Statutes of 2011. Requires
state agencies to provide their public notices to visually
impaired persons, upon request, in a format that can be
accurately interpreted by reading software for the blind.
SB 105 (Burton), Chapter 1102, Statutes of 2002. Required
state entities and state-funded entities, in developing,
procuring, maintaining, or using electronic or information
technology, to comply with the accessibility requirements
of the federal Rehabilitation Act of 1973.
SUPPORT:
California Council of the Blind
National Federation of Independent Business
OPPOSE:
None on file
FISCAL COMMITTEE: Senate Appropriations Committee
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