California transparency legislation
Transparency legislation proposed in California.
- See sample transparency legislation at the Sunshine Standard
2011
We do not currently have any legislation from California in 2011. To add some, please see WikiProject Proposed state sunshine legislation.
2010
Here is a list of transparency legislation for California in 2010:
 | Assembly Bill 130 | Current Status: (10/11/2009, Passed by Governor) | 
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AB 130 introduced by Assemblyman Anthony Portantino to the Assembly which would require The Acupuncture Board, Board of Behavioral Sciences, State Board of Optometry, Dental Board of California, Board for Professional Engineers and Land Surveyors, Structural Pest Control Board, Bureau of Automotive Repair, Bureau of Electronic and Appliance Repair, Cemetery Program, Funeral Directors and Embalmers Program, Contractors' State License Board, Board of Psychology, Bureau for Private Postsecondary Education to disclose records about those receiving licenses. The boards may post an alternate address rather than the licensees home address. [1]
| Assembly Bill 138 | Current Status: (10/11/2009, Passed by Governor) |
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AB 138 introduced by Assemblywoman Mary Hayashi to the Assembly which would require California Board of Accountancy to keep any information obtained during a peer oversight review confidential and not subject to public records requests. However in certain circumstances such as subpoena, request by another federal or state agency or legal proceedings the board should comply with the request. [2]
| Assembly Bill 147 | Current Status: (10/11/2009, Vetoed by Governor) | 
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AB 147 introduced by Assemblywoman Lori Saldana to the Assembly which would require the Department of Toxic Substances Control to treat specified information disclosed pursuant to their investigations as confidential trade secrets and not subject to disclosure. Any information not indicated as a trade secret would be made available to the public. [3]
| Assembly Bill 168 | Current Status: (Died in Judiciary Committee) | 
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AB 168 introduced by Assemblyman Pedro Nava to the Assembly which would allow higher courts to order juvenile courts' records unsealed as part of a sexual offender case. Those records would not be sealed and destroyed as normally occurs, but would instead become a confidential record of the court. [4]
| Assembly Bill 1682 | Current Status: (05/04/2010, Killed by committee) |
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AB 1682 introduced by Assemblywoman Norma Torres would alter the California Public Records Act to exempt the addresses of individuals arrested and accused of crimes and the home addresses of victims of crimes and instead release the name of their home city. [5]
 | Assembly Bill 176 | Current Status: (8/6/2009, Passed by Governor) |
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AB 176 introduced by Assemblyman Jim Silva to the Assembly which would update the California Open Meeting Act to allow for new recording technologies. [6]
| Assembly Bill 181 | Current Status: (Referred to Budget Committee) | 
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AB 181 introduced by Assemblywoman Lori Saldana to the Assembly which would require the city of Del Mar to establish a non profit company which would be subject to the California Public Records Act if it chooses to purchase property [7]
| Assembly Bill 2 | Current Status: (10/12/2009, Vetoed by Governor) |
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AB 2 introduced by Assemblyman Hector De La Torre to the Assembly which would create an individual health care coverage bill. The bill has been going through various amendments and edits since 2008. The bill would require the Director of the Department of Managed
Health Care to remove the names of enrollees, medical providers any employees or contractors when conducting an independent review. Those independent reviews would be made available to the public upon request. [8]
| Assembly Bill 299 | Current Status: (10/11/2009, Passed by Governor) |
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AB 299 introduced to the Assembly which would require the Department of Insurance to post any competent
jurisdiction or other document that resolves a formal enforcement on their website as a public record. [9]
 | Assembly Bill 32 | Current Status: (10/11/2009, Passed by Governor) |
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AB 32 introduced by Assemblyman Ted Lieu to the Assembly which would make the home address and telephone number of an elected official private and not subject to public records requests. Elected Officials would include: State constitutional officers, Members of the Legislature, Judges and court commissioners, District attorneys, Public defenders, Members of a city council, Members of a board of supervisors, Appointees of the Governor, Appointees of the Legislature, Mayors, City attorneys, Police chiefs and sheriffs, A public safety official, State administrative law judges, Federal judges and federal defenders, Members of the United States Congress and appointees of the President. Willingly posting the home address of an elected official on the internet that results in physical or psychological harm to that elected official is punishable as a misdemeanor or felony and possible fine.
[10]
| Assembly Bill 337 | Current Status: (1/14/2010, Veto stricken from the record) |
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AB 337 introduced by Assemblywoman Norma Torres to the Assembly which would allow higher courts to order juvenile courts' records unsealed as part of a sexual offender case. Those records would not be sealed and destroyed as normally occurs, but would instead become a confidential record of the court. [11]
| Assembly Bill 352 | Current Status: (6/15/2010, Passed by Governor) |
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AB 352 introduced by Assemblywoman Audra Strickland to the Assembly which would require the California Interscholastic Federation to abide by public records law while allowing for the confidentiality of information in regards to specific pupils or students enrolled in the program. [12]
| Assembly Bill 4 | Current Status: (Referred to Judiciary Committee) | 
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AB 4 introduced by Assemblyman Sam Blakeslee to the Assembly which would require the Constitutional Convention to comply with the Bagley-Keene Open Meeting Act and provide no less than 14 days notice prior to each meeting. [13]
| Assembly Bill 428 | Current Status: (10/11/2009, Passed by Governor) |
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AB 428 introduced by Assemblywoman Fiona Ma to the Assembly which would require equire the Department of Justice to disclose the date and agency name of any records request for the pre-employment criminal activity of a peace officer or nonsworn law enforcement agency employee. The bill also allows the Department of Justice to share criminal history reports with foreign governments under certain circumstances such as adoption applications. [14]
| Assembly Bill 435 | Current Status: (Referred to Appropriations Committee) | 
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AB 435 introduced to the Assembly which would make medical and personal information of a person with a developmental disability who is under the state's care or in a state facility to remain confidential even after that person dies. In addition any records released to the coroner will remain confidential and not subject to public record requests. [15]
| Assembly Bill 48 | Current Status: (10/11/2009, Passed by Governor) |
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AB 48 introduced by Assemblyman Anthony Portantino to the Assembly which would require The Acupuncture Board, Board of Behavioral Sciences, State Board of Optometry, Dental Board of California, Board for Professional Engineers and Land Surveyors, Structural Pest Control Board, Bureau of Automotive Repair, Bureau of Electronic and Appliance Repair, Cemetery Program, Funeral Directors and Embalmers Program, Contractors' State License Board, Board of Psychology, Bureau for Private Postsecondary Education to disclose records about those receiving licenses. The boards may post an alternate address rather than the licensees home address. [16]
| Assembly Bill 520 | Current Status: (Referred to Judiciary Committee) |
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AB 520 introduced by Assemblywoman Wilmer Carter to the Assembly which would allow a superior court to issue a protective order limiting the number or scope of requests an individual may make under the California Public Records Act. The bill would require the court to determine that the requester sought records for an improper purpose such as harassment of employees.
[17]
| Assembly Bill 523 | Current Status: (10/11/2009, Passed by Governor) |
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AB 523 introduced by Assemblyman Jared Huffman to the Assembly which would require the Office of Statewide Health Planning and Development to provide public notice on their website of an extension request under the Health and Safety Code to a non-acute care hospital. The notice would include the facility's name, identification number, status of the request and the beginning and ending dates of the comment period. [18]
| Assembly Bill 526 | Current Status: (Referred to Appropriations Committee) |
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AB 526 introduced by Assemblyman Felipe Fuentes to the Assembly which would require the Department of Consumer Affairs's Substance Abuse Coordination Committee to adhere to public records laws. [19]
| Assembly Bill 9 | Current Status: (10/11/2009, Passed by Governor) |
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AB 9 introduced by Speaker of the Assembly John Perez to the Assembly which would require candidates for elected office to report within 30 days any contribution equal to or exceeding $5,000. This report is required to be filed with the elected officer's agency and is a public record subject to inspection. [20]
| Senate Bill 218 | Current Status: (Vetoed by Gov. 10/11/2009, Stricken from Senate 1/19/2010) |
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SB 218 is a bill proposed by Senator Leland Yee which would remove the exemption currently in case law established by California State University, Fresno Assn., Inc. v. Superior Court for auxiliary organizations designed to promote state and local schools. It would redefine the definition of public body within the laws to include these state and local axillary organizations which fundraiser and invest in specific state schools and univerities. It would however protect the anonymity of donors, unless those donors receive a direct material benefit from their donation. [21]
2009
- See also: California Public Records Act
- Senate Bill 106 [22] seeks to add school districts, community college districts, and county boards of education to the definition of a local agency whose officials must receive ethics training on subjects such as open records laws. The bill was introduced on March 4, 2009 and remains in the Senate as of April 2009.[23]
- Senate Bill 218 [22] seeks to make the records of non-profit organizations associated with state agencies and universities subject to the Open Records law. The bill was sponsored by Sen. Leland Yee (D-San Francisco), who stated that "Taxpayers and students deserve to know how their public universities are run". [24] The bill was amended and sent back to the Senate's Judiciary Committee on April 27, 2009.[25]
- Senate Bill 502 [22] would require state agencies and departments to develop a searchable web site relating to the expenditures of state funds. The bill was referred to the Senate's Governmental Organization Committee in March of 2009.[26]
- Senate Bill 719 [22] would require state agencies and departments to develop and maintain a searchable web site that includes information relating to expenditures of state funds including contract grants, purchase orders, subcontracts, tax refunds, rebates and credits. The bill was referred to the Senate's Appropriations Committee in April of 2009.[27]
- Assembly Bill 400 sponsored by Assemblyman Kevin de Leon would require public disclosure of state spending by all departments.[22]It was referred to the Committee on Appropriations in April of 2009.[28]
- Assembly Bill 520 [29] would allow superior courts to issue protective orders limiting the number and scope of requests a person can make under the California Public Records Act if the court determines that the requester is seeking the records for an 'improper purpose' (including, but not limited to, harassing employees of state agencies).
The bill has received wide criticism, particularly for failing to define the term 'improper' with any specificity.[30] The California Newspapers Publishers Association wrote a letter to Assemblywoman Wilmer Amina Carter expressing their opposition to the bill and stating their position that "public access decisions must be made based on the law's presumption of access" and that "agencies must never be allowed to determine whether or not to comply with a request based on whether the request is for a use approved by the agency (i.e., a good use)".[31]
- Assembly Bill 1194 [22] would also require state agencies and departments to develop and maintain a searchable web site that includes information relating to expenditures of state funds. The bill was referred to the Business and Professions Committee in April of 2009.[32]
References
- ↑ Text of AB 130
- ↑ Text of AB 138
- ↑ Text of AB 147
- ↑ Text of AB 168
- ↑ Text of AB 1682
- ↑ Text of AB 176
- ↑ Text of AB 181
- ↑ Text of AB 2
- ↑ Text of AB 299
- ↑ Text of AB 32
- ↑ Text of AB 337
- ↑ Text of AB 352
- ↑ Text of AB 4
- ↑ Text of AB 428
- ↑ Text of AB 435
- ↑ Text of AB 48
- ↑ Text of AB 520
- ↑ Text of AB 523
- ↑ Text of AB 526
- ↑ Text of AB 9
- ↑ Text of SB 218
- ↑ 22.0 22.1 22.2 22.3 22.4 22.5 Text & Status of SB218 (enter the bill number and search)
- ↑ Status of SB106
- ↑ Fresno State case leads to push to add open records, Fresno Bee, March 3, 2009
- ↑ Status of SB 218
- ↑ Status of SB 502
- ↑ Status of Senate Bill 719
- ↑ Status of AB 400
- ↑ Text of AB 520
- ↑ SFBG Politics Blog, Blocking California's sunshine: Proposed legislation would limit access to public information, April 27, 2009
- ↑ California Progress Report. Legislation Would Allow Courts to Gag Public Records Requestors, April 21, 2009
- ↑ Status of 1194
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|---|---|
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