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Struck text includes proposed deletions to law or the previous version of the bill.

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INTRODUCED BY Senator Yee
(Coauthor: Senator Calderon)
(Coauthors: Assembly Members Beall and Portantino)

DECEMBER 6, 2010

An act to amend Sections 72670, 72670.5, and 89901 of, and to add
Section 92034 to, the Education Code, relating to public records.


LEGISLATIVE COUNSEL'S DIGEST


SB 8, as introduced, Yee. Public records: auxiliary organizations.

The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless those
records are exempt from disclosure.
This bill would require specified entities to comply with the act,
but would not require these entities to disclose information
obtained in the process of soliciting potential donors that has
actual or potential independent economic value because it is not
generally known to the public or because the individuals can obtain
economic value from its disclosure or use. The bill would exempt from
disclosure the names, addresses, and telephone numbers of persons
who volunteer services or donate to specified entities if those
persons request anonymity. However, the bill would provide that this
exemption does not apply if a volunteer or donor meets specified
conditions.
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 72670 of the Education Code is amended to read:

72670. (a) The governing board of a
community college district may establish auxiliary organizations for
the purpose of providing supportive services and specialized programs
for the general benefit of its college or colleges. As used in this
article, "auxiliary organization" may include, but is not limited to,
the following entities:
(a)

(1) Any entity in which any official of a community
college district participates as a director as part of his or her
official position.
(b)

(2) Any entity formed or operating pursuant to Article
4 (commencing with Section 76060) of Chapter 1 of Part 47.
(c)

(3) Any entity which that
operates a commercial service for the benefit of a community college
or district on a campus or other property of the district.
(d)

(4) Any entity whose governing instrument provides in
substance both of the following:
(1)

(A) Its purpose is to promote or assist a community
college or district, or to receive gifts, property
property, and funds to be used for the benefit of the
community college or district or any person or organization having an
official relationship therewith with the
community college or district
.
(2)

(B) Any of its directors, governors, or trustees are
either appointed or nominated by, or subject to, the approval of the
governing board of the district, an official of the district, or
selected, ex officio, from the membership of the student body or the
faculty or the governing board or the administrative staff of the
district.
(e)

(5) Any entity which that
is designated as an auxiliary organization by the district governing
board.
(b) An entity described in paragraph (2), (4), or (5) of
subdivision (a) shall comply with Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.


(c) Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code shall not require an entity described
in subdivision (a) to disclose information obtained in the process of
soliciting potential donors that has actual or potential independent
economic value because it is not generally known to the public or
because individuals can obtain economic value from its disclosure or
use.

(d) This section shall not require an entity described in
subdivision (a) to disclose information that is exempt from
disclosure pursuant to Section 99040 of this code, Section 3426.1 of
the Civil Code, Section 1060 of the Evidence Code, or subdivision (k)
of Section 6254 of the Government Code.

(e) (1) This section shall not require the disclosure of the name,
address, or telephone number of a person who volunteers his or her
services or donates to an entity described in subdivision (a), if
that person requests anonymity.

(2) Paragraph (1) does not apply if the volunteer or donor is a
member of the governing board of an entity described in subdivision
(a).

(3) Paragraph (1) does not apply if the volunteer or donor, in a
quid pro quo arrangement, receives anything that has a value of five
hundred dollars ($500) or more in exchange for the services or
donation.

SEC. 2. Section 72670.5 of the Education Code is amended to read:
72670.5. (a) The Board of Governors of the California Community
Colleges may establish auxiliary organizations for the purpose of
providing supportive services and specialized programs for the
general benefit of the mission of the California Community Colleges.
(b) As used in this article:
(1) "Auxiliary organization" may include, but is not limited to,
the following entities:
(A) Any entity whose governing instrument provides in substance
both of the following:
(i) That its purpose is to promote or assist the Board of
Governors of the California Community Colleges, or to receive gifts,
property, and funds to be used for the benefit of the Board of
Governors of the California Community Colleges or any person or
organization having an official relationship therewith
with the Board of Governors of the California
Community Colleges
.
(ii) That any of its directors, governors, or trustees are either
appointed or nominated by, or subject to, the approval of the Board
of Governors of the California Community Colleges or an official of
the California Community Colleges, or selected, ex officio, from the
membership of the Board of Governors or the administrative staff of
the California Community Colleges.
(B) Any entity which, that,
exclusive of the foregoing subdivisions of this section, is
designated as an auxiliary organization by the Board of Governors of
the California Community Colleges.
(2) "District governing board" includes the Board of Governors of
the California Community Colleges, unless the context requires
otherwise.
(c) Any agreement between the Board of Governors of the California
Community Colleges and an auxiliary organization established
pursuant to this section shall provide for full reimbursement from
the auxiliary organization to the Board of Governors of the
California Community Colleges for any services performed by the
employees of the board under the direction of, or on behalf of, the
auxiliary organization.
(d) An entity described in paragraph (1) of subdivision (b) shall
comply with Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code.

(e) Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code shall not require an entity described
in paragraph (1) of subdivision (b) to disclose information obtained
in the process of soliciting potential donors that has actual or
potential independent economic value because it is not generally
known to the public or because individuals can obtain economic value
from its disclosure or use.

(f) It is not the intent of the Legislature in enacting
subdivision (d) to designate an organization described in paragraph
(1) of subdivision (b) as a state agency.

(g) This section shall not require an entity described in
paragraph (1) of subdivision (b) to disclose information that is
exempt from disclosure pursuant to Section 99040 of this code,
Section 3426.1 of the Civil Code, Section 1060 of the Evidence Code,
or subdivision (k) of Section 6254 of the Government Code.


(h) (1) This section shall not require the disclosure of the name,
address, or telephone number of a person who volunteers his or her
services or donates to an entity described in paragraph (1) of
subdivision (b), if that person requests anonymity.

(2) Paragraph (1) does not apply if the volunteer or donor is a
member of the governing board of an entity described in paragraph (1)
of subdivision (b).

(3) Paragraph (1) does not apply if the volunteer or donor, in a
quid pro quo arrangement, receives anything that has a value of five
hundred dollars ($500) or more in exchange for the services or
donation.

SEC. 3. Section 89901 of the Education Code is amended to read:
89901. (a) As used in this article, the
term "auxiliary organization" includes the following entities:

(a)

(1) Any entity in which any official of the California
State University participates as a director as part of his or her
official position.
(b)

(2) Any entity formed or operating pursuant to Article
1 (commencing with Section 89300) of Chapter 3.
(c)

(3) Any entity which that
operates a commercial service for the benefit of a campus of the
California State University on a campus or other property of the
California State University.
(d)

(4) Any entity whose governing instrument provides in
substance both of the following:
(1)

(A) That its purpose is to promote or assist any campus
of the California State University, or to receive gifts, property,
and funds to be used for the benefit of such
that
campus or any person or organization having an official
relationship therewith with the campus .

(2)

(B) That any of its directors, governors, or trustees
are either appointed or nominated by, or subject to, the approval of
an official of any campus of the California State University, or
selected, ex officio, from the membership of the student body or the
faculty or the administrative staff of campus.
(e)

(5) Any entity whose governing instrument provides in
substance both of the following:
(1)

(A) That its purpose is to promote or assist the
trustees Trustees of the California
State University, or to receive gifts, property, and funds to be used
for the benefit of the trustees Trustees
of the California State University or any person or
organization having an official relationship therewith
with the Trustees of the California State University
.
(2)

(B) That any of its directors, governors, or trustees
are either appointed or nominated by, or subject to, the approval of
the trustees or an official of the California State University, or
selected, ex officio, from the membership of the trustees or the
administrative staff of the California State University.
(f)

(6) Any entity which, that,
exclusive of the foregoing subdivisions of this section, is
designated as an auxiliary organization by the trustees.
(b) An entity described in paragraph (2), (4), (5), or (6) of
subdivision (a) shall comply with Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.


(c) Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code shall not require an entity described
in subdivision (a) to disclose information obtained in the process of
soliciting potential donors that has actual or potential independent
economic value because it is not generally known to the public or
because individuals can obtain economic value from its disclosure or
use.

(d) It is not the intent of the Legislature in enacting
subdivision (b) to designate an organization described in paragraph
(2), (4), (5), or (6) of subdivision (a) as a state agency.


(e) This section shall not require an entity described in
subdivision (a) to disclose information that is exempt from
disclosure pursuant to Section 99040 of this code, Section 3426.1 of
the Civil Code, Section 1060 of the Evidence Code, or subdivision (k)
of Section 6254 of the Government Code.

(f) (1) This section shall not require the disclosure of the name,
address, or telephone number of a person who volunteers his or her
services or donates to an entity described in subdivision (a), if
that person requests anonymity.

(2) Paragraph (1) does not apply if the volunteer or donor is a
member of the governing board of an entity described in subdivision
(a).

(3) Paragraph (1) does not apply if the volunteer or donor, in a
quid pro quo arrangement, receives anything that has a value of five
hundred dollars ($500) or more in exchange for the services or
donation.

SEC. 4. Section 92034 is added to the Education Code, to read:
92034. (a) As used in this article, the term "auxiliary
organization" includes the following entities:
(1) An entity in which an official of the University of California
participates as a director as part of his or her official duties.
(2) An entity that operates a commercial service for the benefit
of a campus of the University of California on a campus or other
property of the University of California.
(3) An entity whose governing instrument provides in substance
both of the following:
(A) That its purpose is to promote or assist any campus of the
University of California, or to receive gifts, property, and funds to
be used for the benefit of that campus or any person or organization
having an official relationship with the campus.
(B) That any of its directors, governors, or trustees are either
appointed or nominated by, or subject to the approval of, an official
of any campus of the University of California, or serve, ex officio,
from the membership of the student body or the faculty or the
administrative staff of a campus.
(4) Any entity whose governing instrument provides in substance
both of the following:
(A) That its purpose is to promote or assist the Regents of the
University of California, or to receive gifts, property, and funds to
be used for the benefit of the Regents of the University of
California, or any person or organization having an official
relationship with the Regents of the University of California.
(B) That any of its directors, governors, or trustees are either
appointed or nominated by, or subject to, the approval of the regents
or an official of the University of California, or serve, ex
officio, from the membership of the regents or the administrative
staff of the University of California.
(5) An entity that is designated by the regents as an auxiliary
organization of the University of California.
(b) An entity described in paragraph (3), (4), or (5) of
subdivision (a) shall comply with Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.
(c) Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code shall not require an entity described
in subdivision (a) to disclose information obtained in the process of
soliciting potential donors that has actual or potential independent
economic value because it is not generally known to the public or
because individuals can obtain economic value from its disclosure or
use.
(d) It is not the intent of the Legislature in enacting
subdivision (b) to designate an organization described in paragraph
(3), (4), or (5) of subdivision (a) as a state agency.
(e) This section shall not require an entity described in
subdivision (a) to disclose information that is exempt from
disclosure pursuant to Section 99040 of this code, Section 3426.1 of
the Civil Code, Section 1060 of the Evidence Code, or subdivision (k)
of Section 6254 of the Government Code.
(f) (1) This section shall not require the disclosure of the name,
address, or telephone number of a person who volunteers his or her
services or donates to an entity described in subdivision (a), if
that person requests anonymity.
(2) Paragraph (1) does not apply if the volunteer or donor is a
member of the governing board of an entity described in subdivision
(a).
(3) Paragraph (1) does not apply if the volunteer or donor, in a
quid pro quo arrangement, receives anything that has a value of five
hundred dollars ($500) or more in exchange for the services or
donation.
SEC. 5. It is the intent of the Legislature in enacting this act
to construe and clarify the meaning and effect of existing law and to
reject the court's interpretation of state law regarding the
application of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) to auxiliary organizations, such as the California
State University, Fresno Association, at issue in California State
University, Fresno Assn., Inc. v. Superior Court (2001) 90
Cal.App.4th 810.