Bill Text: CA SB908 | 2023-2024 | Regular Session | Amended
Bill Title: Fentanyl: child deaths.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-10 - Set for hearing May 16. [SB908 Detail]
Download: California-2023-SB908-Amended.html
|
Amended
IN
Senate
March 20, 2024 |
| Introduced by Senator Cortese |
January 08, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
(1)The California Public Records Act requires a state or local agency to make public records available for public inspection, except as specified. Under existing law, a public record includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by a state or local agency regardless of physical form or characteristics.
This bill would prohibit an elected or appointed official or employee of a public agency from creating or sending a public record using a nonofficial electronic messaging system unless the official or employee sends a copy of the public record to an official electronic messaging system, as specified. By imposing additional duties on local agencies, the bill would create a state-mandated local program.
(2)The Legislative Open Records Act requires that legislative records be open to inspection at all times during normal business hours of the Legislature and that any person has the right to inspect any legislative record, except as specified. Existing law defines legislative records to mean any writing prepared on or after December 2, 1974, that contains information relating to the conduct of the public’s business prepared, owned, used, or retained by the Legislature.
This bill would prohibit a Member of the Legislature, legislative officer, standing, joint, or select committee or subcommittee of the Senate and Assembly, or agency or employee of the Legislature from creating or sending a legislative record using a nonofficial electronic messaging system unless the Member of the Legislature, legislative officer, standing, joint, or select committee or subcommittee of the Senate and Assembly, or agency or
employee of the Legislature sends a copy of the legislative record to an official electronic messaging system, as specified.
(3)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make a legislative finding to that effect.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11758.05 is added to the Health and Safety Code, to read:11758.05.
(a) The department shall utilize its data to monitor and identify current trends of fentanyl-related deaths of children zero to five years of age, inclusive.The Legislature finds and declares all of the following:
(a)It is a fundamental and necessary right of every person in this state to have access to information concerning the conduct of the people’s business, as set forth in the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Legislative Open Records Act (Article 3.5 (commencing with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code).
(b)Many public employees and officials communicate about public business using private electronic devices. The California Supreme Court has held that the mere use of a private
electronic device does not transform what would otherwise be a public record into a private record.
(c)As the California Supreme Court explained in City of San Jose v. Superior Court (2017) 2 Cal.5th 608, certain federal laws (See Section 2911 of Title 44 of the United States Code and Section 1236.22 of Title 36 of the Code of Federal Regulations) prohibit the use of personal electronic accounts for official business unless messages are copied or forwarded to an official account.
(d)It is the intent of this act to effectuate the people’s right to access information concerning the conduct of the people’s business, including the conduct of the people’s business done on private electronic devices, pursuant to the California Public Records Act and paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(a)An elected or appointed official or employee of a public agency shall not create or send a public record using a nonofficial electronic messaging system unless the official or employee sends a copy of the public record to an official electronic messaging system within 20 days of the original creation or sending of the public record.
(b)This section may be enforced pursuant to Part 4 (commencing with Section 7923.000).
(c)(1)This section does not limit the disclosure of a public record that is otherwise subject to disclosure under this division.
(2)This section does not require the
disclosure of a public record that is not otherwise subject to disclosure under this division.
(d)For the purposes of this section, the following terms shall have the following meanings:
(1)“Electronic message” means an email or a text message.
(2)“Electronic messaging system” means a person, including an internet service provider, that is an intermediary in sending or receiving an electronic message or that provides to end users the ability to send or receive an electronic message.
(3)“Official electronic messaging system” means an electronic messaging system designated by a public agency to be used by an elected or appointed official or employee of a public agency for the official business of the public agency.
(4)“Public record” has the same meaning as defined in Section 7920.530.
(a)A Member of the Legislature, legislative officer, standing, joint, or select committee or subcommittee of the Senate and Assembly, or agency or employee of the Legislature shall not create or send a legislative record using a nonofficial electronic messaging system unless the Member of the Legislature, legislative officer, standing, joint, or select committee or subcommittee of the Senate and Assembly, or agency or employee of the Legislature sends a copy of the legislative record to an official electronic messaging system within 20 days of the original creation or sending of the legislative record.
(b)This section may be enforced pursuant to Sections 9076, 9077, 9078, and 9079.
(c)(1)This section does not limit the disclosure of a legislative record that is otherwise subject to disclosure under this article.
(2)This section does not require the disclosure of a legislative record that is not otherwise subject to disclosure under this article.
(d)For the purposes of this section, the following terms shall have the following meanings:
(1)“Electronic message” means an email or a text message.
(2)“Electronic messaging system” means a person, including an internet service provider, that is an intermediary in sending or receiving an electronic message or that provides to end users the ability to send or receive an electronic message.
(3)“Legislative record” has the same meaning as defined in subdivision (c) of Section 9072.
(4)“Official electronic messaging system” means an electronic messaging system designated by the Legislature to be used by a Member of the Legislature, legislative officer, or employee of the Legislature for the official business of the Legislature.
The Legislature finds and declares that Section 2 of this act, which adds Article 6 (commencing with Section 7928.500) to Chapter 14 of Part 5 of Division 10 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following finding:
This act furthers the right of public access to the writings of public officials and agencies by
ensuring public access to a public record sent using a nonofficial electronic messaging system.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
