Amended in Assembly April 6, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 169


Introduced by Assembly Member Maienschein

January 22, 2015


An act to add Sectionbegin delete 6253.7end deletebegin insert 6253.10end insert to the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

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, thatbegin delete chooses to postend deletebegin insert voluntarily postsend insert a public recordbegin insert that is described as “openend insertbegin insertend insert 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:

P2    1

SECTION 1.  

Sectionbegin delete 6253.7end deletebegin insert 6253.10end insert is added to the 2Government Code,begin delete end deletebegin delete immediately following Section 6253.6end deletebegin delete,end delete to
3read:

4

begin delete6253.7.end delete
5begin insert 6253.10.end insert  

A local agency, except a school district, that
6begin insert voluntarilyend insert posts a public recordbegin insert that is described as “openend insertbegin insertend insert on
7its Internet Web site shall post the public record in an openbegin delete fileend delete
8 format that meets all of the following requirements:

9(a) Retrievable, downloadable, indexable, andbegin delete electricallyend delete
10begin insert electronicallyend insert searchable by commonly used Internet search
11applications.

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
15public record.

16(d) Retains the data definitions and structure present when the
17data was compiled, if applicable.

18

SEC. 2.  

The Legislature finds and declares that Section 1 of
19this act, which adds Sectionbegin delete 6253.7end deletebegin insert 6253.10end insert 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
24begin delete orend deletebegin insert of local public officials and local agencies. Pursuant to
25paragraph (7) ofend insert
subdivision (b) of Section 3 of Article I of the
P3    1California Constitution, the Legislature makes the following
2findings:

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.

10

SEC. 3.  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs thatbegin delete myend deletebegin insert mayend insert 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.”



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