Hacker 2/HACKER2.mdf/cud/cud547c.txt

Text File | 1995-01-03 | 9KB | 200 lines

Date:   Sat, 26 Jun 1993 09:04:46 -0700
From: Jim Warren <[e-mail]>
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 -

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