Bill Text: CA SB445 | 2011-2012 | Regular Session | Chaptered

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Bill Title: California Public Records Act: library records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-07-12 - Chaptered by Secretary of State. Chapter 80, Statutes of 2011. [SB445 Detail]

Download: California-2011-SB445-Chaptered.html

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BILL NUMBER: SB 445	CHAPTERED
	BILL TEXT

	CHAPTER  80
	FILED WITH SECRETARY OF STATE  JULY 12, 2011
	APPROVED BY GOVERNOR  JULY 11, 2011
	PASSED THE SENATE  APRIL 4, 2011
	PASSED THE ASSEMBLY  JULY 5, 2011
	AMENDED IN SENATE  MARCH 21, 2011

INTRODUCED BY   Senator Simitian

                        FEBRUARY 16, 2011

   An act to amend Section 6267 of the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 445, Simitian. California Public Records Act: library records.
   The California Public Records Act requires state and local
agencies to make their records available for public inspection and,
upon request of any person, to provide a copy of any public record
unless the record is exempt from disclosure. The act provides that
all registration and circulation records of any library which is in
whole or in part supported by public funds are confidential and shall
not be disclosed to any person, except as provided.
   This bill would, instead, provide that patron use records, as
defined, of any library which is in whole or in part supported by
public funds shall remain confidential and not be disclosed, except
as provided.


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

  SECTION 1.  Section 6267 of the Government Code is amended to read:

   6267.  All patron use records of any library which is in whole or
in part supported by public funds shall remain confidential and shall
not be disclosed by a public agency, or private actor that maintains
or stores patron use records on behalf of a public agency, to any
person, local agency, or state agency except as follows:
   (a) By a person acting within the scope of his or her duties
within the administration of the library.
   (b) By a person authorized, in writing, by the individual to whom
the records pertain, to inspect the records.
   (c) By order of the appropriate superior court.
   As used in this section, the term "patron use records" includes
the following:
   (1) Any written or electronic record, that is used to identify the
patron, including, but not limited to, a patron's name, address,
telephone number, or e-mail address, that a library patron provides
in order to become eligible to borrow or use books and other
materials.
   (2) Any written record or electronic transaction that identifies a
patron's borrowing information or use of library information
resources, including, but not limited to, database search records,
borrowing records, class records, and any other personally
identifiable uses of library resources information requests, or
inquiries.
   This section shall not apply to statistical reports of patron use
nor to records of fines collected by the library.