Bill Text: CA AB1648 | 2015-2016 | Regular Session | Amended
Bill Title: State publications: distribution.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1648 Detail]
Download: California-2015-AB1648-Amended.html
BILL NUMBER: AB 1648 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Wilk
( Coauthors: Assembly Members
Brough and Mayes )
( Coauthor: Senator Anderson
)
JANUARY 12, 2016
An act to amend Section 6270 of 14902 of,
and to add Section 14900.5 to, the
Government Code, relating to public records.
state publications.
LEGISLATIVE COUNSEL'S DIGEST
AB 1648, as amended, Wilk. Public records.
State publications: distribution.
Existing law requires the distribution of state publications, as
defined, to specific libraries and depositories, and establishes the
policy of the state to make freely available all state publications.
This bill would modify the definition of "state publication" to
specify that publications issued by the state on the Internet are
included within its meaning. The bill would authorize a member of the
public, as defined, to copy, share, distribute, or republish a state
publication authored by the state.
(1) The California Public Records Act requires state and local
agencies to make public records available for inspection by the
public, subject to specified criteria and with specified exceptions.
The act prohibits a state or local agency from selling, exchanging,
furnishing, or otherwise providing a public record subject to
disclosure to a private entity in a manner that prevents a state or
local agency from providing the public record directly.
This bill would additionally prohibit a state or local agency from
selling, exchanging, furnishing, or otherwise providing a public
record subject to disclosure to a private entity in a manner that
prevents a member of the public from sharing, distributing, or
publishing the public record subject to disclosure.
(2) 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.
(3) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14900.5 is added to the
Government Code , to read:
14900.5. A member of the public, as defined by Section 6252, may
copy, share, distribute, or republish a state publication authored by
the state.
SEC. 2. Section 14902 of the Government
Code is amended to read:
14902. "State publication" or "publication" as herein employed is
defined to include any document, compilation, journal, law,
resolution, Blue Book, statute, code, register, pamphlet, list, book,
report, memorandum, hearing, legislative bill, leaflet, order,
regulation, directory, periodical periodical,
or magazine issued by the state, the Legislature,
constitutional officers, or any department, commission
commission, or other agency thereof
thereof, or prepared for the state by private
individual or organization and issued on the Internet or
in print, and "print" is defined to include all forms of duplicating
other than by the use of carbon paper. The publications of the
University of California, however, and intraoffice or interoffice
publications and forms shall not be included.
SECTION 1. Section 6270 of the Government Code
is amended to read:
6270. (a) Notwithstanding any other law, no state or local agency
shall sell, exchange, furnish, or otherwise provide a public record
subject to disclosure pursuant to this chapter to a private entity in
a manner that either:
(1) Prevents a state or local agency from providing the record
directly pursuant to this chapter.
(2) Prevents a member of the public from sharing, distributing, or
publishing a record provided pursuant to this chapter.
(b) Nothing in this section requires a state or local agency to
use the State Printer to print public records. Nothing in this
section prevents the destruction of records pursuant to law.
(c) This section shall not apply to contracts entered into prior
to January 1, 1996, between the County of Santa Clara and a private
entity for the provision of public records subject to disclosure
under this chapter.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district under this act would result from a
legislative mandate that is within the scope of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution.
SEC. 3. The Legislature finds and declares that
Section 1 of this act, which amends Section 6270 of the Government
Code, furthers, within the meaning of paragraph (7) of subdivision
(b) of Section 3 of Article I of the California Constitution, the
purposes of that constitutional section as it relates to the right of
public access to the meetings of local public bodies or the writings
of local public officials and local agencies. Pursuant to paragraph
(7) of subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
It is in the public interest to ensure that members of the public
can share, distribute, or publish a public record subject to
disclosure by the California Public Records Act.
