From: Jim Warren Subject: GOV-ACCESS #3: three Calif bills to expand access to govt records Jan. 20, 1994 ====== LEGISLATIVE COUNSEL'S DIGEST-ONLY OF BILL AB 2523 ======== BILL NUMBER: AB 2523 AB 2523, as introduced, Bowen. Electronic data-processing: state agencies: master plan. Existing law contains provisions with respect to the use,management, and security of data-processing information by state agencies. Existing law further prohibits the exchange or transfer of data between data centers by intercoupling, or telecommunication, with certain exceptions. This bill would require the Controller, notwithstanding this prohibition, to develop a master plan that provides for networking between all state agencies and the judiciary in order to enable these entities to communicate with each other by utilizing a shared database, and that provides access to this network by the public, and to complete this plan on or before January 1, 1995. The bill would also require the Controller to create and maintain an inventory list of all computer hardware and software retained by each state agency and the purposes for which the hardware or software were purchased. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. ====== FULL TEXT OF BILL AB 2524 ======== BILL NUMBER: AB 2524 INTRODUCED BY Assembly Member Bowen (Principal coauthor: Senator Kopp) JANUARY 14, 1994 An act to amend Sections 6256 and 6257 of, and to add Section 6256.5 to, the Government Code, relating to public records. LEGISLATIVE COUNSEL'S DIGEST AB 2524, as introduced, Bowen. Public records. Existing law, the California Public Records Act, provides, among other things, that any person may receive a copy of any identifiable public record upon payment of fees covering the direct costs of duplication, or any applicable statutory fee. This bill would expressly provide that any agency that has information that constitutes an identifiable public record that is available in an electronic format shall, unless otherwise prohibited by law, make that information available in the electronic format, when requested by any person at the actual cost of providing the information in that format. This requirement would impose a state-mandated local program with respect to local agencies. 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: SECTION 1. Section 6256 of the Government Code is amended to read: 6256. Any person may receive a copy of any identifiable public record or copy thereof. Upon request, an exact copy shall be provided unless impracticable to do so. Computer data shall be provided in a form -- - ---- determined by the agency pursuant to Section 6256.5. ---------- -- --- ------ ________ __ _______ ______ Each agency, upon any request for a copy of records shall determine within 10 days after the receipt of such request whether to comply with the request and shall immediately notify the person making the request of such determination and the reasons therefor. SEC. 2. Section 6256.5 is added to the Government Code, to read: 6256.5. (a) Any agency that has information that constitutes an identifiable public record that is available in an electronic format shall, unless otherwise prohibited by law, make that information available in the electronic format when requested by any person. (b) When providing information in an electronic format pursuant to subdivision (a), an agency shall not charge the requester more than the actual cost to the agency of providing the information, unless the agency contracts with another party to produce the information in a particular format, in which case the agency may charge the requester only the amount that is charged to and paid by the agency exclusively for the creation of the requested copies. (c) Nothing in this section shall be construed to permit an agency to make information available only in an electronic format. SEC. 3. Section 6257 of the Government Code is amended to read: 6257. Except with respect to public records exempt by express provisions of law from disclosure, each state or local agency, upon any request for a copy of records, which reasonably describes an identifiable record, or information produced therefrom, shall make the records promptly available to any person, upon payment of fees covering direct costs of duplication or of __ __ production in an electronic format pursuant to Section 6256.5, or a __________ __ __ __________ ______ ________ __ _______ ______ statutory fee, if applicable. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt by law. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. ====== LEGISLATIVE COUNSEL'S DIGEST-ONLY OF BILL AB 2525 ======== BILL NUMBER: AB 2525 AB 2525, as introduced, Bowen. Public records. Existing law excepts from the requirement of disclosure under the California Public Records Act correspondence of and to the Governor or employees of the Governor's office or in the custody of or maintained by the Governor's legal affairs secretary. This bill would expressly remove from that exception correspondence from a state agency or department that advocates, or that provides information to enable the Governor to take, a position on pending legislation. Existing law generally provides that records of the Legislature are open to inspection at all times during the normal office hours of the Legislature and any person has a right to inspect any legislative record with specified exceptions. This bill would provide that, notwithstanding provisions exempting certain legislative records from disclosure, any correspondence to a Member of the Legislature from a state agency or department regarding pending legislation is a legislative record open to inspection. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. ============= Mo' as it Is. --jim Jim Warren, columnist for MicroTimes, Government Technology, BoardWatch, etc. 345 Swett Rd., Woodside CA 94062; voice/415-851-7075; fax/415-851-2814 **To join or drop from the gov-access list, email to jwarren@well.sf.ca.us.** >>Permission herewith granted for unlimited reposting and recirculation.<<