BILL ANALYSIS Ó
AB 169
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CONCURRENCE IN SENATE AMENDMENTS
AB
169 (Maienschein)
As Amended June 18, 2015
Majority vote
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|ASSEMBLY: | 77-0 | (May 7, 2015) |SENATE: |40-0 | (August 24, |
| | | | | |2015) |
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Original Committee Reference: L. GOV.
SUMMARY: Requires local agencies to use specified open data
standards if they maintain an Internet Resource that is
described or titled as "open data" and if they choose to post
public records on that Internet Resource.
The Senate amendments clarify that, if a local agency, except a
school district, maintains an Internet Resource, including, but
not limited to, an Internet Web site, Internet Web page, or
Internet Web portal, which the local agency describes or titles
as "open data," and the local agency voluntarily posts a public
record on that Internet Resource, the local agency must comply
with the provisions of this bill.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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COMMENTS:
1)Bill Summary. This bill requires local agencies that maintain
an Internet Resource described as "open data" and that choose
to post public records on that Internet Resource to use a
format that:
a) Is retrievable, downloadable, indexable, and
electronically searchable by commonly used Internet search
applications;
b) Is platform independent and machine readable;
c) Is available to the public free of charge and without
any restriction that would impede the reuse or
redistribution of the public record; and,
d) Retains the data definitions and structure present when
the data was compiled, if applicable.
This bill is sponsored by the author.
2)Author's Statement. According to the author, "Key information
maintained by local governments, from business licenses to
council agendas and budgets, are frequently kept in file
formats that make them difficult to find or analyze using
contemporary internet tools and other technology. The
guidelines for posting these documents predate the Xerox
machine.
"Making local government data available online using open
standards will increase transparency and make operations more
effective and accountable to the public. It will streamline
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communication between government agencies, both state and
local, and vastly improve accessibility for the public.
Making the information electronically searchable will also
permit the public to assist in identifying efficient solutions
for government, create economic opportunities and promote
innovation and accountability at the local level.
"Critically, this bill does not mandate such action, but
establishes key standards for agencies seeking to modernize
their disclosure practices. This promotes common standards,
based on best practices utilized by governments across the U.S
[United States] and throughout the world. Adopting these
standards will ensure that government information is
accessible, interoperable and easily utilized by the public."
3)Background. The Open Data movement is rapidly growing in
popularity and recognition, both nationally and in California.
Computer technology has advanced to provide open format
software, which allows electronic documents created and
maintained by public agencies to be searched, indexed, and
redacted electronically.
In 2009, in order to increase government agency
accountability, promote informed public participation, and
create economic opportunity through expanding access to
information online in open formats, the United States Director
of the Office of Management and Budget issued an Open
Government Directive to federal government agencies. This
Directive provided guidelines to public agencies responding to
public requests under the Freedom of Information Act and
instructed federal government agencies to "publish information
online in an open format that can be retrieved, downloaded,
indexed, and searched by commonly used web search
applications."
4)Arguments in Support. The Sunlight Foundation, in support,
writes, "Sunlight feels that AB 169 will increase the
accessibility of local open data by providing a useful
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definition of what 'open' really means for municipalities that
want to join the open data movement. By offering a clear
definition of open data as 'retrievable, downloadable,
indexable, and electronically searchable by commonly used
Internet search applications;' 'platform independent and
machine readable;' and 'available to the public free of charge
and without any restriction that would impede the reuse or
redistribution of the public record' AB 169 promotes a set of
elements that are broadly recognized to be the core of what it
means to make data open. In addition, by recommending that
information released 'retain[s] the data definitions and
structure present when the data was compiled,' AB 169 supports
the public provision of good-quality, usable data through
ensuring that whatever contextual information was originally
available with the data remains present in its public-facing
publication.
"Increasing the amount of available, good quality open data is
an important goal for California to pursue as a state.
California is already rich in local open data expertise that
can help local data's value spread rapidly. The state
features the leadership of municipal open data programs in San
Francisco, Oakland, Los Angeles, Sacramento (and West
Sacramento) and San Diego, and a new county-wide open data
initiative recently came online in Los Angeles County.
Individual state agencies have (also) demonstrated their
strong interest in opening state data? While not a mandate for
activity by local governments, AB 169 would establish a needed
framework for managing information and ensuring those
governments making their data 'open' will do so in a way that
maximizes the utility and interoperability of this
information."
5)Arguments in Opposition. None on file.
Analysis Prepared by:
Angela Mapp / L. GOV. / (916) 319-3958 FN:
0001281
AB 169
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