AB 169, as amended, Maienschein. Local government: public records: Internet.
(1) The California Public Records Act requires a state or local agency, as defined, to make public records available for inspection, subject to certain exceptions. The act requires any agency that has any information that constitutes a public record not exempt from disclosure in an electronic format to make that public record available in an electronic format when requested by a person, and requires the agency to, among other things, make the information available in any electronic format in which the information is held.
This bill would require a local agency, except a school district, that
begin delete chooses to postend delete a public
record on its Internet Web site to post the public record in a format that meets specified requirements, including, among others, that the format is able to be retrieved, downloaded, indexed, and searched by a commonly used Internet search application.
(2) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin delete 6253.7end delete is added to the 2Government Code, begin delete end delete begin delete immediately following Section 6253.6end delete begin delete,end delete to
A local agency, except a school district, that
6 posts a public record on
7its Internet Web site shall post the public record in an open
begin delete fileend delete
8 format that meets all of the following requirements:
9(a) Retrievable, downloadable, indexable, and
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10 searchable by commonly used Internet search
12(b) Platform independent and machine readable.
13(c) Available to the public free of charge and without any
14restriction that would impede the reuse or redistribution of the
16(d) Retains the data definitions and structure present when the
17data was compiled, if applicable.
The Legislature finds and declares that Section 1 of
19this act, which adds Section
begin delete 6253.7end delete to the Government
20Code, furthers, within the meaning of paragraph (7) of subdivision
21(b) of Section 3 of Article I of the California Constitution, the
22purposes of that constitutional section as it relates to the right of
23public access to the meetings of local public bodies or the writings
begin delete orend delete subdivision (b) of Section 3 of Article I of the
P3 1California Constitution, the Legislature makes the following
3Because California’s local agencies are increasingly releasing
4information in an open format, because open format is not defined
5in current law, and because data released by local agencies in an
6open format should be as uniform and usable as possible, requiring
7local agencies to follow standardized requirements when they elect
8to release information in an open format furthers the purpose of
9Section 3 of Article I of the California Constitution.
No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that
begin delete myend delete be incurred by a local agency or school
13district under this act would result from a legislative mandate that
14is within the scope of paragraph (7) of subdivision (b) of Section
153 of Article I of the California Constitution.”