Bill Text: CA SB1002 | 2011-2012 | Regular Session | Enrolled

California Senate Bill 1002 (Prior Session Legislation)

Bill Title: Public records: electronic format.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-28 - In Senate. Consideration of Governor's veto pending. [SB1002 Detail]

Download: California-2011-SB1002-Enrolled.html

BILL NUMBER: SB 1002	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 31, 2012
	PASSED THE ASSEMBLY  AUGUST 31, 2012
	AMENDED IN ASSEMBLY  AUGUST 20, 2012
	AMENDED IN ASSEMBLY  JUNE 21, 2012
	AMENDED IN SENATE  MAY 29, 2012
	AMENDED IN SENATE  APRIL 9, 2012
	AMENDED IN SENATE  MARCH 29, 2012
	AMENDED IN SENATE  MARCH 12, 2012

INTRODUCED BY   Senator Yee

                        FEBRUARY 6, 2012

   An act to amend Section 6253.9 of the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1002, Yee. Public records: electronic format.
   (1) The California Public Records Act requires state and local
agencies to make their records available for public inspection and,
upon request of a person, to provide a copy of a public record unless
the record is exempt from disclosure. The act requires an agency
that has information that constitutes an identifiable public record
not otherwise exempt from disclosure that is in an electronic format
to make that information available in an electronic format when
requested by a person. The act requires the agency to make the
information available in an electronic format in which it holds the
information.
   This bill would make technical, nonsubstantive changes to these
provisions.
   (2) Existing law requires certain state and local agencies to make
specified data or documents available to the public by various
methods, including on the Internet.
   This bill would require the State Chief Information Officer to
conduct a study to determine the feasibility of providing electronic
records in an open format, as specified, and to provide a copy of the
study to the chairs of specified Senate and Assembly committees by
January 1, 2014.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6253.9 of the Government Code is amended to
read:
   6253.9.  (a) Unless otherwise prohibited by law, an agency that
has information that constitutes an identifiable public record not
exempt from disclosure pursuant to this chapter that is in an
electronic format shall make that information available in an
electronic format when requested by a person and, when applicable,
shall comply with the following:
   (1) The agency shall make the information available in an
electronic format in which it holds the information.
   (2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies. The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.
   (b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record when
either of the following applies:
   (1) In order to comply with subdivision (a), the public agency
would be required to produce a copy of an electronic record and the
record is one that is produced only at otherwise regularly scheduled
intervals.
   (2) The request would require data compilation, extraction, or
programming to produce the record.
   (c) This section shall not be construed to require the public
agency to reconstruct a record in an electronic format if the agency
no longer has the record available in an electronic format.
   (d) If the request is for information in other than electronic
format, and the information also is in electronic format, the agency
may inform the requester that the information is available in
electronic format.
   (e) This section shall not be construed to permit an agency to
make information available only in an electronic format.
   (f) This section shall not be construed to require the public
agency to release an electronic record in the electronic form in
which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of any
proprietary software in which it is maintained.
   (g) This section shall not be construed to permit public access to
records held by an agency to which access is otherwise restricted by
statute.
  SEC. 2.  (a) The State Chief Information Officer shall conduct a
study to determine the feasibility of providing electronic records in
an open format. The study shall include, but not be limited to, all
of the following:
   (1) Determining what types of records are appropriate to be
provided in an open format.
   (2) Developing the proper definition of "open format."
   (3) Estimating the cost to both state and local governments of
providing information in an open format.
   (b) The State Chief Information Officer shall provide a copy of
the study to the chairs of the Senate and Assembly Committee on
Governmental Organization and Appropriations and the Assembly
Committee on Local Government and the Senate Committee on Governance
and Finance by January 1, 2014.
   (c) For purposes of this section, "open format" may include any of
the following:
   (1) The format can be retrieved, downloaded, indexed, and searched
by commonly used Internet search applications.
   (2) The format is platform independent, machine readable, and made
available to the public without restrictions that would impede the
reuse of its information.
   (3) If applicable, the format retains data definitions, structure,
and is as granular as possible.