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Legislative Records Are Not Proprietary to the State

Gov’t Code requires the Legislative Counsel to make 12 types of information available to the public

California State Assembly. (Photo: Kevin Sanders for California Globe)

On the California Legislative Information website (most commonly referred to as the “LegInfo” website), there are numerous documents and other information related to the California Legislature and its legislative process. Some have inquired whether this information can be copied and pasted and otherwise used by the public.

Have you read the following notice on the LegInfo website?

Pursuant to Section 10248.5 of the Government Code, the information described in subdivision (a) of Section 10248 of the Government Code and made available on this Web site is within the public domain and the State of California retains no copyright or other proprietary interest in the information.

Government Code Title 2, Division 2, Part 2, Chapter 1, Article 2, which was added in 1945 by Chapter 111, contains Section 10248.5, which provides:

Notwithstanding subdivision (g) of Section 10248, the information that the Legislative Counsel makes available to the public pursuant to Section 10248 is within the public domain and the State of California retains no copyright or other proprietary interest in that information.

Gov’t Code Section 10248 requires the Legislative Counsel to make 12 types of information available to the public in electronic form on the LegInfo website. And, all of that information, from the text of a legislative measure to a committee or floor analysis, is not copyright protected and remains in the public domain for the benefit of the state’s citizens.

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Chris Micheli: Chris Micheli is an attorney and lobbyist with Snodgrass & Micheli, LLC, as well as an Adjunct Professor at McGeorge School of Law.
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