BILL NUMBER: AB 1978	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 14, 2008

   An act to amend Section 6254.9 of the Government Code, relating to
records.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1978, as introduced, Solorio. Public records: computer mapping
systems.
   Existing law, the California Public Records Act, requires state
and local agencies to make their records available during regular
business hours and, upon request, to provide a copy of a record upon
payment of any applicable fee, unless an exemption from disclosure
applies. The act provides that computer software developed by a state
or local agency is not a public record, with "computer software"
defined for this purpose as including computer mapping systems,
computer programs, and computer graphics systems.
   This bill would further provide that, for this purpose, computer
mapping systems include assembled model data, metadata, and listings
of metadata, regardless of medium, and tools by which computer
mapping system records are created, stored, and retrieved.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6254.9 of the Government Code is amended to
read:
   6254.9.  (a) Computer software developed by a state or local
agency is not itself a public record under this chapter. The agency
may sell, lease, or license the software for commercial or
noncommercial use.
   (b)  (1)    As used in this section, "computer
software" includes computer mapping systems, computer programs, and
computer graphics systems. 
   (2)  Computer mapping systems include, assembled model data,
metadata, and listings of metadata, regardless of medium, and tools
by which computer mapping system records are created, stored, and
retrieved. 
   (c) This section shall not be construed to create an implied
warranty on the part of the  State of California 
 state  or any local agency for errors, omissions, or other
defects in any computer software as provided pursuant to this
section.
   (d) Nothing in this section is intended to affect the public
record status of information merely because it is stored in a
computer. Public records stored in a computer shall be disclosed as
required by this chapter.
   (e) Nothing in this section is intended to limit any copyright
protections.