BILL NUMBER: SB 218	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 23, 2009

   An act to add Sections 71052, 89049, and 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 introduced, 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"
for purposes of the act.
   This bill would revise the definition of the term "state agency"
to additionally include any entity, including, but not limited to, a
nonprofit corporation, that receives public funds or performs a
governmental function on behalf of the California Community Colleges,
the California State University, or the University of California.
   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 71052 is added to the Education Code, to read:
   71052.  Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code applies to any entity, including,
but not limited to, a nonprofit corporation, that receives public
funds or performs a governmental function on behalf of the California
Community Colleges.
  SEC. 2.  Section 89049 is added to the Education Code, to read:
   89049.  Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code applies to any entity, including,
but not limited to, a nonprofit corporation, that receives public
funds or performs a governmental function on behalf of the California
State University.
  SEC. 3.  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, including,
but not limited to, a nonprofit corporation, that receives public
funds or performs a governmental function on behalf of the University
of California.
  SEC. 4.  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; 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,  or an entity subject to Section 71052, 89049, or 92034
of the Eduction Code,  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.