Date: Sat, 26 Jun 1993 09:04:46 -0700 From: Jim Warren Subject: File 3--UPDATE #14-AB1624: bill-text as amended (*improved)* ((MODERATORS' NOTE: Through the efforts of Jim Warren, and others, California is coming very close to passing a bill that would provide on-line access to computerized public records. This is a crucial bill and has national implications. It's passage could provide the stimulus for other states and provide the public with greater access to crucial legislative and other information. See back issues of CuD for the history of the bill)). June 25, 1993 This summarizes the latest set of amendments to AB1624 that were done by bill-author Debra Bowen on June 17th, and - thanks to Ray of Apple - includes the complete bill-text, as amended. NEW VERSION HAS SIGNIFICANT IMPROVEMENTS 1. It removes the permission and fee requirements that had been placed on anyone who charged anything to "republish or otherwise duplicate" the [electronic-only] public records - a requirement demanded by John Burton (who, incidentally, may kill the bill when it returns to the Assembly for concurrence - unless we can change Burton's mind; yes, he has that much clout). 2. It [generically] specifies that the files are to be available via the Internet - as opposed to leaving open the option for the state to create its own, closed network (e.g., as Hawaii has done). 3. It makes explicit that the Legislative Counsel cannot limit how many files someone can request, and that there will be no monitoring or reporting of who is interested in what files except as it might explicitly pertain to computer operations (i.e., normal sysop operations monitoring). 4. It makes explicit that no fees or other charges can be imposed for this public access to public records - since it will cost the state perhaps $200/month to provide free access throughout the entire state (and globe). 5. It makes explicit that the *complete* print-files will be available, as opposed to the possibility of only having some dumbed-down, limited version of the data from which page- and line-numbers could not be recalculated - though there's no prohibition on them *also* offering ASCII-dumbed versions in *addition* to the full data-files. 6. It specifies that the data is to be made available to the public *immediately* after being sent to the printing plant - which is *after* it has become public record - instead of waiting until it is available on the Legislative Inquiry System. (That turns out to sometimes be days or even weeks after some of the AB1624-mandated records are public.) 7. It assures that older versions of bills will remain available from the Legislature's file-server for at least 90 days they are amended. 8. And, it makes documentation of their data formats available online, uh, IF it's available in computerized form at all - a question to which I have been unable to obtain an answer. ++++++++++ THE NEW BILL-TEXT, AS AMENDED 6/17 [THERE WILL BE MORE AMENDMENTS, LATER] >From apple!ganymede.apple.com!ray Tue Jun 22 00:13:07 1993 Subject--AB1624 - newly amended text hello jim - i just got the new text for AB1624 from Mary today and typed it in. I posted it around (alt.etext, ca.politics, comp.society.cu-digest), but if you could put it on an ftp server i would be grateful. ... AMENDED IN SENATE JUNE 17, 1993 AMENDED IN ASSEMBLY MAY 18, 1993 CALIFORNIA LEGISLATURE--1993-94 REGULAR SESSION ASSEMBLY BILL No. 1624 Introduced by Assembly Member Bowen Principal coauthor: Senator Torres) Coauthors: Assembly Members Areias, Bornstein, Goldsmith, Isenberg, Johnson, Karnette, Katz Mountjoy, Nolan, Polanco, Speier, and Vasconcellos Coauthors: Senators Dills, Hayden, Killea, Morgan, and Rosenthal March 4, 1993 An act to add Section 10248 to the Government Code, relating to the Legislature; LEGISLATIVE COUNSEL'S DIGEST AB 1624, as amended, Bowen. Legislature: legislative information: access by computer network. Under existing law, all meetings of a house of the Legislature or a committee thereof are required to be open and public, unless specifically exempted, and any meeting that is required to be open and public, including specified closed sessions, may be held only after full and timely notice to the public as provided by the Joint Rules of the Assembly and Senate. This bill would make legislative findings and declarations that the public should be informed to the fullest extent possible as to the time, place, and agenda for each meeting. This bill would require the Legislative Counsel, with the advice of the Joint Rules Committee of the Senate and Assembly, to make available to the public, by means of access by way of the largest nonproprietary, nonprofit cooperative public computer network, specified information concerning bills, the proceedings of the houses and committees of the Legislature, statutory enactments, and the California Constitution. Vote: 2/3 majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 10248 is added to the 2 Government Code, to read: 3 10248. (a) The Legislature finds and declares that 4 the public should be informed to the fullest extent 5 possible as to the time, place, and agenda for each 6 meeting of the houses and committees of the Legislature. 7 The Legislature further finds and declares that it is 8 desirable to make timely information regarding these 9 proceedings available to each member of the public, 10 irrespective of where he or she resides, for the least cost 11 possible. 12 (b) The Legislative Counsel shall, with the advice of 13 the Joint Rules Committee, make all of the following 14 information available to the public in electronic form: 15 (1) The most recent Assembly Daily File and most 16 recent Daily Senate File. 17 (2) The text of each bill introduced in each current 18 legislative session, including all amended forms of the 19 bill. 20 (3) The bill history of each bill introduced and 21 amended in each current legislative session. 22 (4) The bill status of each bill introduced and 1 amended in each current legislative session. 2 (5) All bill analyses prepared in connection with each 3 bill in each current legislative session. 4 (6) All vote information concerning each bill in each 5 current legislative session. 6 (7) Veto messages concerning each bill, when issued, 7 in each current legislative session. 8 (8) The California Codes. 9 (9) The California Constitution. 10 (10) All uncodified statutes enacted on or after 11 January 1, 1993. 35 (11) Documentation that is available to the public and 36 maintained in computerized form by the Legislative 37 Counsel which describes the computerized digital 38 formats of the files containing the information specified 39 in this subdivision. 40 (c) The Legislative Counsel shall automatically 1 transmit copies of files of the information specified in 2 subdivision (b) by way of the largest nonproprietary, 3 nonprofit cooperative public computer network upon 4 receiving any computerized request for the files. These 5 files shall be made available in this manner immediately 6 after they are transmitted to the Office of State Printing. 7 The files shall contain all of the text and formatting 8 information transmitted to the Office of State Printing. In 9 the event that a technical malfunction prevents these 10 files from being transmitted immediately after they are 11 transmitted to the Office of State Printing, the 12 Legislative Counsel shall report that fact to the Joint 13 Rules Committee within one business day. 14 (d) Any file that is available pursuant to subdivision 15 (c) shall remain available to the public upon request by 16 electronic digital data transmission until it is updated. 17 When a file is updated, a copy of the file without the 18 updated information shall remain available to the public 19 by electronic data digital transmission for at least 90 days 20 after the update. 21 (e) The Legislative Counsel may not control which or 22 how many files are available to a person who requests the 23 files nor monitor or keep any records about those persons 24 who request files, except for the purpose of assuring the 25 quality of computer operations. No fee or other charge 26 shall be imposed as a condition to public access to any files 27 that are made available to the public pursuant to this 28 section. 29 (f) No action taken pursuant to this section shall be 30 deemed to alter or relinquish any copyright or other 31 proprietary interest or entitlement of the State of 32 California relating to any of the information made 33 available pursuant to this section. ========= Ray - Downloaded From P-80 International Information Systems 304-744-2253