BILL NUMBER: SB 1002 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Yee
FEBRUARY 6, 2012
An act to amend Section 6253.9 of, and to add Article 5.5
(commencing with Section 11085) to Chapter 1 of Part 1 of Division 3
of Title 2 of, the Government Code, relating to public records.
LEGISLATIVE COUNSEL'S DIGEST
SB 1002, as introduced, 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 any person, to provide a copy of any public record
unless the record is exempt from disclosure. The act requires any
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 any person. The act requires the agency to make the
information available in any electronic format in which it holds the
information.
This bill would authorize an agency, when requested by a person,
to provide an electronic record in a format in which the text in the
electronic record is searchable by commonly used software. The bill
would require the requester to bear the cost of converting the
electronic record into a searchable format.
This bill would also make technical, nonsubstantive changes to
these provisions.
(2) Existing law requires certain state agencies to make specified
data or documents available on the Internet.
This bill would require the data or document to be made available
in a format that is user-friendly and accessible, as defined. This
requirement would not apply if the state agency does not have the
data or document available for internal use in a user-friendly and
accessible format.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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, any 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 any person and, when applicable,
shall comply with the following:
(1) The agency shall make the information available in any
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 the provisions of
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) Nothing in this 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) At the request of a person, an agency may provide an
electronic record in a format in which the text in the electronic
record is searchable by commonly used software if the agency does not
already have the electronic record in a searchable format. The
requester shall bear the cost, if any, of converting the electronic
record into a searchable format, including the cost of programming
and computer services necessary to produce the electronic record.
(e)
(f) Nothing in this This
section shall not be construed to permit an agency to make
information available only in an electronic format.
(f)
(g) Nothing in this 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)
(h) Nothing in this This
section shall not be construed to permit public
access to records held by any agency to which access is otherwise
restricted by statute.
SEC. 2. Article 5.5 (commencing with Section 11085) is added to
Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code,
to read:
Article 5.5. California Open Data Standard
11085. (a) Whenever a state agency is required by law to make
data or a document available on the Internet, the data or document
shall be in a format that is user-friendly and accessible. This
paragraph shall not apply when the state agency does not have the
data or document available for internal use in a user-friendly and
accessible format.
(b) For purposes of this article, "user-friendly and accessible"
means:
(1) The data or document can be copied and downloaded by using
commonly used software and Internet applications.
(2) The text of the data or the text in the document can be
searched by using commonly used software and Internet applications.
(3) The data or document is searchable on the Internet by commonly
used Internet search engines.
(c) This section shall not be construed to require a state agency
to convert any data or document into a format that is user-friendly
and accessible.