BILL NUMBER: AB 1393 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 12, 2007
AMENDED IN SENATE AUGUST 31, 2007
AMENDED IN SENATE AUGUST 1, 2007
AMENDED IN SENATE JULY 17, 2007
AMENDED IN SENATE JUNE 28, 2007
AMENDED IN ASSEMBLY APRIL 11, 2007
INTRODUCED BY Assembly Members Leno and Maze
(Coauthor: Assembly Member Aghazarian)
FEBRUARY 23, 2007
An act to add Section 6253.3 to the Government Code, relating to
public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1393, Leno. Public records.
The California Public Records Act requires state and local
agencies to make their records available for public inspection and,
upon request of any person, to provide a copy of any public record
unless the record is exempt from disclosure.
This bill would, as of July 1, 2009, require any state agency that
publishes an Internet Web site to include on the homepage of that
site specified information that is not exempt from disclosure under
the act about how to contact the agency, how to request records under
the act, and a form for submitting online requests for records. It
would authorize any person to bring an action to enforce the duty of
a state agency to post this information and would provide for
penalties including monetary awards to be paid by the agency, with
specified provisions to become operative on January 1, 2009.
This bill also would require the Department of Justice to convene
an advisory task force with a specified membership, to consider
specified issues with respect to a statutory standard governing the
posting of certain activities under the act, and to report its
findings and recommendations to the Governor and the Legislature by
no later than January 1, 2009.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6253.3 is added to the Government Code, to
read:
6253.3. Every state agency that publishes an Internet Web site
shall include on the homepage of that site, prominently displayed and
easily visible without scrolling when viewing the homepage on a
desktop monitor, the words "Public Records Center," which shall be
followed by, or shall link to, on another page, both of the
following:
(a) Under the words "Whom to Contact," the title, mailing address,
telephone number, and e-mail address of the public information
officer or other person or persons to whom requests for inspection or
copying of records pursuant to the California Public Records Act, or
informal requests for simple factual information, should be
directed.
(b) (1) Under the words "How to Request Records," the written
guidelines authorized or required under subdivision (a) of Section
6253.4, and a form, in HTML or a comparable alternative technology,
for submitting online requests under the California Public Records
Act, consisting of all of the following labeled fields:
(A) Today's date.
(B) My name (optional).
(C) My contact information, including at least one of the
following:
(i) My e-mail address.
(ii) My postal address.
(iii) My telephone number.
(D) I am interested in the following records or information:
(E) Where can I inspect these records?
(F) Send me copies of the records.
(G) Send me a fee estimate before copying.
(2) The submitted form shall be designed to send a copy of the
request immediately and automatically to the e-mail address listed on
the form, if an e-mail address is provided by the person submitting
the form.
(c) This section shall become operative on July 1, 2009.
SEC. 2. (a) The Department of Justice shall convene an advisory
task force to consider and make recommendations for a statutory
standard governing the posting of requests and denials, and public
documents that are not exempt from disclosure, under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code), on the Internet Web
sites of state agencies.
(b) Members of the task force shall include all of the following:
(1) State agency or board representatives.
(2) Representatives of the Department of Information Technology.
(3) Representatives of organizations with expertise in technical
policy and practices of Internet disclosure.
(4) Representatives of organizations with expertise in privacy
policy relevant to disclosures made on the Internet.
(5) Representatives of organizations with expertise in fostering
public integrity and accountability.
(6) Representatives of organizations with expertise in informed
electoral participation.
(7) Representatives of organizations with expertise in
investigative journalism.
(8) Representatives of legislative staff, at the option of the
applicable legislative oversight entities, and to the extent not in
conflict with their legislative duties.
(c) The task force shall consider at least all of the following
issues:
(1) Whether it is of greater value to the public for state
agencies to automatically post, with appropriate security and privacy
controls, certain public records that are not exempt from disclosure
under the act on agency Internet Web sites rather than making those
records available to requesters on a request-only basis. Specific
consideration shall be given to records that relate to the
compensation and economic interests of key public officials and
consultants, and the performance of public agencies, including, but
not limited to, the settlement of litigation. Specific consideration
should also be given to what specific advantages or disadvantages may
be associated with an affirmative Internet posting requirement.
(2) Whether eventual cost savings or increases in efficiency, or
both, are likely to offset the implementation and management costs of
requiring state agencies to automatically post public records not
exempt from disclosure on their Internet Web sites, and whether
certain types of public records are better suited to automatic
disclosure based on these cost and efficiency considerations.
(3) Whether appropriate security measures are available, and cost
effective, to ensure that the personal or proprietary information
contained in a public record that is posted on the Internet is
protected from the possibility of identity theft or other forms of
misuse.
(4) Whether appropriate security measures are available, and cost
effective, to ensure that public records not exempt from disclosure
that are posted on the Internet are protected from alteration by
third parties or other forms of misuse.
(5) Other issues that might arise from a statutory requirement
that certain public records be automatically posted on agency
Internet Web sites.
(d) The task force shall report its findings and recommendations
to the Governor and the Legislature by no later than January 1, 2009,
at which time it shall cease to exist.