Bill Text: CA SB218 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public records: state agency: auxiliary organizations.

Sponsorship: Bipartisan Bill

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB218 Detail]

Download: California-2009-SB218-Amended.html

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BILL NUMBER: SB 218	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 20, 2009
	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  APRIL 27, 2009

INTRODUCED BY   Senator Yee
   (Coauthors: Senators 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, and to amend
Section 6252 of the Government Code, relating to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 218, as amended, Yee. Public records: state agency: nonprofit
entity.
    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  term "state
agency"   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  an organization operating pursuant
to specific provisions of the Education Code, or an 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.   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. 
   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. 
   This bill would state the intent of the Legislature that the bill
not affect or restrict the ability of persons or entities to make
gifts to a state or local agency on condition of anonymity. 
   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  any entity
whose 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, or any person or organization having
an official relationship with the regents.   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  72670,
89305,   89300,  89901, or 92034 of the Education
Code, or  an   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
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.  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. 4.    It is the intent of the Legislature that
nothing in this act affects or restricts any present or existing
ability of persons or entities to make gifts to a state or local
agency on the condition of anonymity.