Bill Text: CA AB169 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 169 (Prior Session Legislation)

Bill Title: Local government: public records: Internet.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 737, Statutes of 2015. [AB169 Detail]

Download: California-2015-AB169-Chaptered.html

BILL NUMBER: AB 169	CHAPTERED
	BILL TEXT

	CHAPTER  737
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2015
	APPROVED BY GOVERNOR  OCTOBER 10, 2015
	PASSED THE SENATE  AUGUST 24, 2015
	PASSED THE ASSEMBLY  AUGUST 31, 2015
	AMENDED IN SENATE  JUNE 18, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Maienschein
   (Coauthors: Assembly Members Ch�vez, Hadley, and Olsen)
   (Coauthors: Senators Bates, Glazer, Hertzberg, and Runner)

                        JANUARY 22, 2015

   An act to add Section 6253.10 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 169, 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, 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, would
require the local agency to post the public record in an open 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6253.10 is added to the Government Code, to
read:
   6253.10.  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 shall post the public record in an open format that
meets all of the following requirements:
   (a) Retrievable, downloadable, indexable, and electronically
searchable by commonly used Internet search applications.
   (b) Platform independent and machine readable.
   (c) Available to the public free of charge and without any
restriction that would impede the reuse or redistribution of the
public record.
   (d) Retains the data definitions and structure present when the
data was compiled, if applicable.
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which adds Section 6253.10 to 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:
   Because California's local agencies are increasingly releasing
information in an open format, because open format is not defined in
current law, and because data released by local agencies in an open
format should be as uniform and usable as possible, requiring local
agencies to follow standardized requirements when they elect to
release information in an open format furthers the purpose of Section
3 of Article I of the California Constitution.
  SEC. 3.  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."