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AB-1648 State publications: distribution.(2015-2016)

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Amended  IN  Assembly  March 15, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 1648


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   Local Program: YESNO  

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.