Bill Text: CA SB330 | 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: auxiliary organizations.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2010-09-30 - In Senate. To unfinished business. (Veto) [SB330 Detail]

Download: California-2009-SB330-Amended.html

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BILL NUMBER: SB 330	AMENDED
	BILL TEXT

	AMENDED IN SENATE  DECEMBER 15, 2009

INTRODUCED BY   Senator Yee
    (   Coauthors:   Senators  
Calderon,   DeSaulnier,   and Dutton   )

    (   Coauthors:   Assembly Members 
 Beall,   DeVore,   Furutani,  
Nielsen,   Portantino,   Silva,   Smyth,
  Torrico,   and Tran   ) 

                        FEBRUARY 25, 2009

    An act to amend Section 487 of the Penal Code, relating
to grand theft.   An act to amend Sections 72670,
72670.5, and 89901 of, and to add Section 92034 to, the Education
Code, and to amend Section 6252 of, and to add Section 6254.30 to,
the Government Code, relating to public records. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 330, as amended, Yee.  Grand theft.  
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 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 specified auxiliary organizations and other
entities.  
   The bill would exempt from disclosure under the California Public
Records Act the names of persons who volunteer services or donate to
specified entities if those persons request anonymity. However, the
bill would provide that this exemption does not apply if a volunteer
or donor, in a quid pro quo arrangement, receives anything that has a
value of $500 or greater in exchange for the services or 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. The bill would also provide that it is the intent of
the Legislature that specified organizations be included in the
definition of "state agency" solely for the purposes of the
California Public Records Act.  
   Existing law establishes the offense of grand theft. 

   This bill would make technical, nonsubstantive changes to these
provisions. 
   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  
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 72670.5 of the  
Education Code   is amended to read: 
   72670.5.  (a) The Board of Governors of the California Community
Colleges may establish auxiliary organizations for the purpose of
providing supportive services and specialized programs for the
general benefit of the mission of the California Community Colleges.
   (b) As used in this article:
   (1) "Auxiliary organization" may include, but is not limited to,
the following entities:
   (A) Any entity whose governing instrument provides in substance
both of the following:
   (i) That its purpose is to promote or assist the Board of
Governors of the California Community Colleges, or to receive gifts,
property, and funds to be used for the benefit of the Board of
Governors of the California Community Colleges or any person or
organization having an official relationship therewith.
   (ii) That any of its directors, governors, or trustees are either
appointed or nominated by, or subject to, the approval of the Board
of Governors of the California Community Colleges or an official of
the California Community Colleges, or selected, ex officio, from the
membership of the Board of Governors or the administrative staff of
the California Community Colleges.
   (B) Any entity  which   that  ,
exclusive of the foregoing subdivisions of this section, is
designated as an auxiliary organization by the Board of Governors of
the California Community Colleges.
   (2) "District governing board" includes the Board of Governors of
the California Community Colleges, unless the context requires
otherwise.
   (c) Any agreement between the Board of Governors of the California
Community Colleges and an auxiliary organization established
pursuant to this section shall provide for full reimbursement from
the auxiliary organization to the Board of Governors of the
California Community Colleges for any services performed by the
employees of the board under the direction of, or on behalf of, the
auxiliary organization. 
   (d) 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. 3.    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   that  ,
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. 
   SEC. 4.    Section 92034 is added to the  
Education Code   , to read:  
   92034.  As used in this article, the term "auxiliary organization"
includes 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. 5.    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 described in subdivision (b), (d), or (e) of
Section 72670 of the Education Code;  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 described in subdivision (b), (d), (e), or (f)
of Section 89901 of the Education Code.  
   (C) An organization described in subdivision (c), (d), or (e) of
Section 92034 of the Education Code.  
   (D) An organization described in paragraph (1) of subdivision (b)
of Section 72670.5 of the Education Code.  
    (f) 
    (2)  "State agency"  means every state office,
officer, department, division, bureau, board, and commission or other
state body or agency, except   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,   photostatting, 
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. 6.    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 a person who volunteers his or her
services or donates to an entity described in paragraph (1) of
subdivision (b) of Section 72670.5, Section 72670, 89901, or 92034 of
the Education Code, if that person requests anonymity. This
exemption does not apply if a volunteer or donor, in a quid pro quo
arrangement, receives anything that has a value of five hundred
dollars ($500) or greater in exchange for the services or donation.

   SEC. 7.    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. 8.    It is the intent of the Legislature in
enacting this act to clarify that an organization described in
paragraph (1) of subdivision (b) of Section 72670.5, Section 89901,
or Section 92034 of the Education Code be included in the definition
of "state agency" solely for the purposes of the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code). 
   SEC. 9.    The Legislature finds and declares that
Section 6 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.
 
  SECTION 1.    Section 487 of the Penal Code is
amended to read:
   487.  Grand theft is theft committed in any of the following
cases:
   (a) When the money, labor, or real or personal property taken is
of a value exceeding four hundred dollars ($400), except as provided
in subdivision (b).
   (b) Notwithstanding subdivision (a), grand theft is committed in
each of the following cases:
   (1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm
crops are taken of a value exceeding one hundred dollars ($100).
   (B) For the purposes of establishing that the value of avocados or
citrus fruit under this paragraph exceeds one hundred dollars
($100), that value may be shown by the presentation of credible
evidence that establishes that on the day of the theft avocados or
citrus fruit of the same variety and weight exceeded one hundred
dollars ($100) in wholesale value.
   (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding one
hundred dollars ($100).
   (3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or
employer and aggregates four hundred dollars ($400) or more in any 12
consecutive month period.
   (c) When the property is taken from the person of another.
   (d) When the property taken is any of the following:
   (1) An automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
barrow, or pig.
   (2) A firearm.
   (e) This section shall become operative on January 1, 1997.