AB 1648: State publications: distribution.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-03-15
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.
(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.
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 XIIIB 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.
(a)Notwithstanding any other provision of 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 prevents either:
(1)Prevents a state or local agency from providing the record directly pursuant to this chapter. Nothing
(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.
(b)
(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 XIIIB 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.
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Date
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Status
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| Jan 12, 2016 | Read first time. To print. |
| Jan 13, 2016 | From printer. May be heard in committee February 12. |
| Feb 4, 2016 | Referred to Coms. on JUD. and A. & A.R. |
| Mar 1, 2016 | In committee: Hearing postponed by committee. |
| Mar 15, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 16, 2016 | Re-referred to Com. on JUD. |
| Mar 28, 2016 | Re-referred to Com. on RLS. pursuant to Assembly Rule 96. |
| Mar 31, 2016 | From committee: Be re-referred to Com. on A. & A.R. Re-referred. (Ayes 8. Noes 0.) (March 31). Re-referred to Com. on A. & A.R. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 13). Re-referred to Com. on APPR. |
| May 11, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 27, 2016 | In committee: Held under submission. |
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Date
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Description
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Location
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Votes
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| Apr 13, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Accountability and Administrative Review |
Passed |
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| Mar 31, 2016 | Be re-referred to the Committee on [Accountability and Administrative Review] | Assembly Standing Committee on Rules |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1648
Author:(Wilk) – As Amended Ver:March 15, 2016
Policy Committee: | Accountability and Administrative Review | Vote: | 8 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill expands the definition of “state publication” to include publications issued by the state on the internet and allows a member of the public to copy, share, distribute, or republish a state publication authored by the state.
FISCAL EFFECT:
- Estimated one-time information technology costs of approximately $975,000 (GF) to make the California Regulatory Notice Register (Register) available in a web-based searchable format. Additional ongoing IT support costs of approximately $410,000 dollars annually (Gf), to update the codes weekly and maintain the site.
- On-going loss of up to $570,000 (GF) in forgone revenue from the renegotiation or loss of the California Code of Regulations (CCR) service contract with West Publishing Corporation (West).
- Unknown, but likely significant costs (GF) associated with finding a new publisher for the CCR that is willing to provide 100 free copies to depository libraries (as required under existing law) and that is willing to maintain the CCR on the internet free of charge.
COMMENTS:
- Purpose. This bill seeks to include publications that are issued by the state on the internet within the definition of "state publication." The bill would also allow any member of the public to copy or republish this material. The author states that, “any practice that at all limits the public’s access to public documents should not be tolerated.” The author cites specifically the current contract involving the CCR.
- Background. Existing law requires the Office of Administrative Law (OAL) to provide the full text of the CCR, including an index of links to the full text of each regulation, and on a weekly basis, to post a copy of the Register and links to regulations proposed by state agencies, on its Website, free of charge. OAL may contract with another state agency or a private entity in order to provide this service.
While this bill applies statewide, it raises a particular issue with the CCR because OAL contracts with a private entity to provide the required public access to the CCR. Based on the copyright held by the State of California of the CCR, compensation for the service provided by the private entity comes from the ability of this entity to charge individuals, businesses and others for ancillary services, including enhanced search functions and notifications of changes or additions to the regulations. The state expects approximately $570,000 in 2016 from this contract.
Pursuant to the terms of the current contract, effective January 1, 2016, West pays the state $350,000 annually, plus 8.1% royalties per year, for the privilege of publishing the Register and CCR and providing a few related services. The contract includes a provision specifying that if there are changes to California law that alter the publication services and lead to increased costs to the contractor (West), an equitable adjustment to the compensation must be negotiated.
- Prior Legislation:
- AB 1612 (Donnelly) of 2014, in its original form, would have required the OAL to provide the "greatest feasible access" to the CCR. In its final form, it prohibited OAL from charging users with disabilities a fee for access to the free online CCR. The bill was vetoed by the Governor, who stated it was unnecessary because any problems with accessibility can be quickly corrected by the OAL.
- SB 1091 (Galgiani, 2014) among other provisions, requires OAL to make the Register available in an electronically searchable Web based format by January 1, 2017, and include the ability for interested parties to subscribe to an email notification of the Register and specific notices. This bill was held on the Senate Appropriations Suspense File.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
Cristina Garcia, Chair
ABPCA Bill Id:AB 1648 (
Author:Wilk) – As Amended Ver:March 15, 2016
SUBJECT: State publications: distribution
SUMMARY: This bill expands the definition of “state publication” to include publications that are issued by the state on the internet and allows a member of the public to copy, share, distribute, or republish as specified.
EXISTING LAW declares it is the policy of the State of California to make available to inhabitants of the state free copies of state publications through public libraries and that these libraries shall maintain printed copies and assist public library patrons in their use (Government Code 14900).
FISCAL EFFECT: Unknown
COMMENTS: Current law governing the distribution of state publications to libraries was first placed in statute in 1945 and was last modified in 1965. The distribution of “information” from the State has changed dramatically over the last fifty years. However, the distribution of “state publications” has remained focused on printed material.
This bill seeks to include publications that are issued by the state on the internet within the definition of "state publication." The bill would also allow any member of the public to copy or republish this material. The author states that, “any practice that at all limits the public’s access to public documents should not be tolerated.” The author cites the current contract involving the California Code of Regulations (CCR). The Office of Administrative Law (OAL) is tasked with maintaining the CCR and making it available to the public on the internet. The OAL does this through a contract with a qualified vendor.
Currently, OAL has no information technology staff and contracts with the vendor to provide the statutorily required public access. Compensation for the service provided by the vendor comes from allowing the vendor to charge individuals, businesses and others for additional services, such as enhanced search functions and notifications of changes or additions to regulations, based on the copyright of the CCR held by the State of California. According to OAL, the State receives approximately $570,000 annually from this contract.
If the State wishes to allow any member of the public to copy or republish the free online version of the CCR, as would be permitted under this bill, the State would have to forgo any benefits accrued from contracting this service to an outside vendor.
While this bill will presumably increase public access to state publications provided on the internet, it will do so at a cost to the state.
PREVIOUS LEGISLATION: AB 1612 (Donnelly) of 2014 was similar to this bill but substantially amended in the Assembly Appropriations Committee. The subsequent bill would have prohibited the OAL from charging users with disabilities a fee for access to the free online CCR. The bill was vetoed by the Governor, who stated it was unnecessary because any problems with accessibility can be quickly corrected by the OAL.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: William Herms / A. & A.R. / (916) 319-3600
Bill Author
