Today's Law As Amended


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AB-802 Reports to the Legislature: Statewide Open Data Portal.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 9795 of the Government Code is amended to read:

9795.
 (a) (1) (A) A  Any  report required or requested by law to be submitted by a state or local agency to the Members of either house of the Legislature generally, shall instead be submitted as a printed copy  electronically  to the Secretary of the Senate, as an electronic copy to  the Chief Clerk of the Assembly, and as an electronic or printed copy to  the Legislative Counsel. Each report shall include a summary of its contents, not to exceed one page in length. If the report is  A report required or requested by law to be  submitted by a state agency, that agency shall also provide an electronic copy of the summary directly to each member of the appropriate house or  or local agency to a committee of either or both  houses of the Legislature. Notice of receipt of the report shall also be recorded in the journal of the appropriate house or houses of the Legislature by the secretary or clerk of that house. Legislature shall be submitted electronically to the committee; the Secretary of the Senate or the Chief Clerk of the Assembly, or both the Secretary of the Senate and the Chief Clerk of the Assembly, as applicable; and the Legislative Counsel. 
(B) (2)  Notwithstanding subparagraph (A), reports of the State Bar of California may be submitted electronically to the Secretary of the Senate. Each report described in paragraph (1) shall include a summary of its contents, not to exceed one page in length. Notice of receipt of the report shall also be recorded in the journal of the appropriate house or houses of the Legislature by the secretary or clerk of that house. 
(2) (3)  In addition to and as part of the information made available to the public in electronic form pursuant to Section 10248, the Legislative Counsel shall make available a list of the reports submitted by state and local agencies, as specified in paragraph (1). If the Legislative Counsel receives a request from a member of the public for a report contained in the list, the Legislative Counsel is not required to provide a copy of the report and may refer the requester to the state or local agency, as the case may be, that authored the report, or to the California State Library as the final repository of public information.
(b) No A  report shall not  be distributed to a Member of the Legislature unless specifically requested by that Member.
(c) Compliance with subdivision (a) shall be deemed to be full compliance with subdivision (c) of Section 10242.5.
(d) (1)  A state agency report and summary subject to this section shall include an Internet Web site  internet website  where the report can be downloaded and a  telephone number to call to order a hard copy of the report. A report submitted by a state agency subject to this section shall also be posted at on  the agency’s Internet Web site. internet website. 
(2) For any state agency report subject to this section involving the collection or analysis of data, the datasets used to generate the report shall be posted on the statewide open data portal established and maintained pursuant to Chapter 7.7 (commencing with Section 11795) of Part 1 of Division 3 at the time the report is posted on the agency’s internet website, but only to the extent these datasets are otherwise subject to public disclosure under state and federal law. All datasets shall be posted in a machine-readable format.
(e) For purposes of this section, “report” includes any study or audit. the following definitions apply: 
(1) “Agency” includes any city, county, special district, department, board, bureau, or commission, including any task force or other similar body that is created by statute or resolution. “Agency” does not include the University of California.
(2) “Data” has the same meaning as set forth in Section 11795.
(3) “Dataset” has the same meaning as set forth in Section 11795.
(4) “Machine-readable format” has the same meaning as set forth in Section 11795.
(5) “Report” includes any study or audit.
(6) “Statewide open data portal” has the same meaning as set forth in Section 11795.

SEC. 2.

 Section 10242.5 of the Government Code is amended to read:

10242.5.
 (a) The Legislative Counsel shall annually prepare, publish, and maintain an electronic list of all reports that state and local agencies are required or requested by law to prepare and file with the Governor or  Governor, the Legislature, or a committee of either or both houses of  the Legislature, or both,  any combination thereof,  in the future or within the preceding year. The list shall include all of the following information:
(1) The name of the agency that is required or requested to prepare and file the report.
(2) The name of the committee of either or both houses of the Legislature with which the report was filed, if applicable.
(2) (3)  A brief description of the subject of the report.
(3) (4)  The date on which the report is to be completed and filed.
(4) (5)  The date on which the report was filed with the Legislative Counsel.
(b) The Legislative Counsel shall make the list of reports available to the public on an Internet Web site  internet website  and shall annually provide to each Member of the Legislature a hyperlink to the Internet Web site  internet website  whereby the list can be accessed.
(c) (1) Each state and local agency that is required or requested by law to prepare a report described in subdivision (a) shall file a printed or  an  electronic copy of the report with the Legislative Counsel. If an electronic copy of a report is filed, and  the report is posted on an Internet Web site,  internet website,  the agency filing the electronic copy shall provide to the Legislative Counsel a hyperlink whereby the report may be accessed.
(2) The Legislative Counsel shall include, on the Internet Web site  internet website  it maintains for purposes of this section, any hyperlinks provided by state and local agencies pursuant to paragraph (1).
(d) As used in this section:
(1) “Agency” includes any city, county, special district, department, board, bureau, or commission, including any task force or other similar body that is created by statute or resolution. “Agency” does not include the University of California.
(2) “Report” includes any study or audit.
(e) The Legislative Counsel shall update the list required by subdivision (a) by removing duplicate reports from the list. The Legislative Counsel shall also remove reports from the list as directed by Section 4 of Chapter 7 of the Statutes of 2010, or a subsequent statute that further requires the Legislative Counsel to remove reports included in the list.

SEC. 3.

 Chapter 7.7 (commencing with Section 11795) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:

CHAPTER  7.7. Statewide Open Data Portal
11795.
 For purposes of this chapter, the following definitions apply:
(a) “Agency” includes any city, county, special district, department, board, bureau, or commission, including any task force or other similar body that is created by statute or resolution. “Agency” does not include the University of California.
(b) “Data” means any recorded information regardless of form or the media on which it is recorded.
(c) “Dataset” means a collection of related data that is collected, created, or maintained by or on behalf of an agency that records measurements, transactions, or determinations related to the mission or function of that agency, is not the product of analysis or interpretation other than calculation, and remains presented in a way that has not been substantively altered since it was obtained or recorded.
(d) “Machine-readable format,” when used with respect to data, means data in a format that can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost, and excludes document-based formats in which information is presented sequentially without defined fields.
(e) “Statewide open data portal” means a centralized data internet website with the ability to display and export data published from agencies.
11795.1.
 (a) (1) On or before January 1, 2021, the Department of Technology shall create a statewide open data portal that is accessible to the public. The Department of Technology may use data.ca.gov to satisfy the requirements of this subdivision.
(2) The statewide open data portal shall include a link to the internet website of any agency that publishes its data on that website.
(b) (1) Pursuant to Section 9795, for any state agency report involving the collection or analysis of data, the state agency shall post the datasets used to generate the report on the statewide open data portal established and maintained pursuant to this chapter at the time the report is posted on the state agency’s internet website, but only to the extent these datasets are otherwise subject to public disclosure under state and federal law.
(2) A local agency may post any of its datasets, and a state agency may post any of its datasets that are not subject to paragraph (1), on the statewide open data portal, but only to the extent these datasets are otherwise subject to public disclosure under state and federal law.
(c) (1) All datasets shall be posted in a machine-readable format.
(2) All datasets and other information posted on the statewide open data portal shall comply with all applicable laws, including the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(d) (1) On or before October 1, 2020, the Department of Technology, in collaboration with the Government Operations Agency, shall create a community of practice dedicated to the following objectives:
(A) Developing and recommending statewide governance and policy regarding data standards, data storage, and data privacy.
(B) Fostering a culture of data use by enabling and encouraging agencies to safely and securely share data to collaborate on common issues and related programs.
(C) Developing programs, and evaluating and enhancing existing programs, to provide training on data management and open data practices.
(D) Employing and analyzing operational data to improve open data practices and online infrastructure supporting the publication of government data.
(2) The Department of Technology may use the existing community of practice, CalData, to satisfy the requirements of this subdivision.
(e) The Department of Technology shall, in consultation and collaboration with the community of practice established pursuant to subdivision (d), maintain the statewide open data portal established pursuant to subdivision (a) and shall update the statewide open data portal, as needed, to maintain and improve its utility.
11795.2.
 (a) This chapter does not affect the obligation of an agency to provide any notice or information to the public pursuant to any other law.
(b) An action taken pursuant to this chapter shall not be deemed to alter or relinquish any copyright or other proprietary interest or entitlement of the State of California relating to any of the information made available pursuant to this chapter.
SEC. 4.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.