Like many counties in California, Orange County (the County) maintains a large database of information about land parcels in a geographic information system (GIS) file format. With this database, called the "OC Landbase," a user with appropriate software can create a layered digital map containing information for over 640,000 specific parcels of land in Orange County, including geographic boundaries, assessor parcel numbers, street addresses, and links to additional information on the parcel owners. The issue in this case is whether the OC Landbase is subject to disclosure in a GIS file format at the actual cost of duplication under the California Public Records Act (Gov. Code, § 6250 et seq.) or whether, as the County contends, it is
In June 2007, petitioner Sierra Club sent a letter to the Orange County Assessor requesting a copy of the OC Landbase pursuant to the California Public Records Act (PRA). Amici curiae representing a variety of media and open-government groups explain the functionality and value of the database at issue: "Using software available on the open market and the GIS-formatted landbase that is at issue in this case, any interested person can layer other publicly available electronic datasets on top of the landbase and perform a computer-assisted analysis of those datasets in ways that are simply not possible without the base layer.... [¶] For example ... a property owner can use GIS-formatted landbase data to locate other similar parcels and see whether [the owner's] taxes are higher or lower than those being paid by others, or to determine whether zoning decisions are similar as to comparable properties, which in turn can shed light on the fairness of a government's taxing or zoning decisions.... [P]ublic dissemination of GIS-formatted mapping data is also critical to the non-profit sector's ability to monitor and respond to government actions involving real property. For example, Petitioner Sierra Club sought the records at issue in this action to determine — and convey to the public — the status of large areas of open space in Orange County, including whether each area is protected from development by conservation easements or public ownership or is threatened by a proposed development."
Sierra Club's request began a lengthy exchange between the two parties concerning the public record status of the OC Landbase. In March 2009, the County agreed to produce records containing the information underlying the OC Landbase, including assessment rolls, parcel maps, tract maps, survey records, lot line adjustments, and transfer deeds. The County offered to provide such records in Adobe PDF electronic format or as printed paper copies. However, the County took the position that the PRA did not require it to disclose the same records in a GIS file format and that it would provide the records in that format only if Sierra Club paid a licensing fee and agreed to the license's restrictions on disclosure and distribution. According to the County, the licensing agreement enables the County to recoup a portion of the substantial costs it incurs to develop and maintain the OC Landbase. A 2009
Sierra Club sought a writ of mandate from the superior court to compel the County to provide the OC Landbase in a GIS file format as a public record for a fee covering only the direct cost of duplication, with no requirement that Sierra Club comply with the licensing agreement. Before ruling, the superior court permitted extensive briefing from both parties and conducted a two-day evidentiary hearing. The hearing focused on the County's claim that the OC Landbase was excluded from the PRA's definition of a public record because it fell within the statutory exclusion for "[c]omputer software," a term that "includes computer mapping systems." (Gov. Code, § 6254.9, subds. (a), (b) (hereafter section 6254.9(a) and section 6254.9(b)); all further undesignated statutory references are to the Government Code.)
Before the hearing, the parties stipulated that the OC Landbase refers to the County's parcel data in a GIS file format. They defined "GIS file format" to mean "that the geographic data can be analyzed, viewed, and managed with GIS software, and it includes formats such as ESRI Shape Files, Modular GIS Environment (`MGE'), and Oracle Spatial." Although the County uses the term "Landbase" internally to refer to its entire mapping system — not only the data but also the software used to run it — the County confirmed at the hearing that the term "Landbase," when used externally, refers only to the parcel map data held in a GIS file format. The parties agree that "[t]he OC Landbase in the format the Sierra Club has requested, and in which it is currently distributed to OC Landbase licensees, does not contain programs, routines, and symbolic languages that control the functioning of computer hardware and direct its operation." The County relies on software obtained from Oracle to create and access the OC Landbase. If the OC Landbase is produced in a GIS file format, Sierra Club must use its own GIS software to access the data.
Following the evidentiary hearing, the superior court issued an order denying the petition for writ of mandate, along with a 16-page statement of decision. The court found that the County "offered persuasive testimony and evidence that the term `GIS' refers to `an integrated collection of computer software and data used to view and manage information about geographical
On appeal, the Court of Appeal affirmed. Finding the statutory language ambiguous, the Court of Appeal determined that the legislative history of section 6254.9 supported the County's position that GIS-formatted files fall within the meaning of "computer mapping system." Based on its review of the legislative history and purpose of section 6254.9, the Court of Appeal concluded that the County met its burden to prove that the OC Landbase was not a public record subject to disclosure.
We granted review and now reverse.
The PRA applies to "public records," defined as "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." (§ 6252, subd. (e).) In this case, the County's offer to
However, a separate provision of the PRA, section 6254.9(a), excludes "[c]omputer software" from the definition of a public record. Section 6254.9(b) says, "`computer software' includes computer mapping systems, computer programs, and computer graphics systems." The question before us is whether the term "computer software," as used in section 6254.9, encompasses the OC Landbase in a GIS file format. If so, then the GIS-formatted OC Landbase is not a public record subject to disclosure; if not, then it is a public record subject to disclosure unless otherwise exempt under the PRA.
In this case, our usual approach to statutory construction is supplemented by a rule of interpretation that is specific to the issue before us. In 2004, California voters approved Proposition 59, which amended the state Constitution to provide a right of access to public records. As noted, article I, section 3, subdivision (b)(1) provides: "The people have the right of access to information concerning the conduct of the people's business, and therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny." Subdivision (b)(2) provides guidance on the proper construction of statutes affecting this right of access: "A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access...." In addition, subdivision (b)(5) provides: "This subdivision does not repeal or nullify, expressly or by implication, any constitutional or statutory exception to the right of access to public records or meetings of public bodies that is in effect on the effective date of this subdivision, including, but not limited to, any statute protecting the confidentiality of law enforcement and prosecution records." (Cal. Const., art. I, § 3, subd. (b).)
With these principles in mind, we turn to the relevant statutory language. Section 6254.9(a) provides: "Computer software developed by a state or local agency is not itself a public record under this chapter. The agency may sell, lease, or license the software for commercial or noncommercial use." Section 6254.9(b) says: "As used in this section, `computer software' includes computer mapping systems, computer programs, and computer graphics systems." Further, section 6254.9, subdivision (d) (hereafter section 6254.9(d)) provides: "Nothing in this section is intended to affect the public record status of information merely because it is stored in a computer. Public records stored in a computer shall be disclosed as required by this chapter." We must decide whether the statutory exemption for "[c]omputer software" (§ 6254.9(a)) — a term that "includes computer mapping systems" (§ 6254.9(b)) — encompasses mapping data in a GIS file format, as the County contends, or only GIS mapping software, as Sierra Club contends.
In construing "computer mapping systems" in section 6254.9(b), neither party has offered any standard definition of the term, and dictionary definitions provide little help. The Court of Appeal relied on a definition of the word "system" as a "`complex unity formed of many often diverse parts subject to a common plan or serving a common purpose'" (quoting Webster's 3d New Internat. Dict. (2002) p. 2322) to conclude that "a computer mapping system should include more than solely a computer program component." Similarly, the County argues that a computer mapping system includes not only mapping software but also databases in a format compatible with mapping software, since such formatting, unlike a printed copy or PDF version of the underlying data, enables a database to function as part of a computer mapping system. But this interpretation, though reasonable, is not compelled by the ordinary meaning of "system," a rather general word that is just as reasonably construed to refer only to mapping software.
Part of the challenge in construing "computer mapping system" is that the technology for geographic information management and analysis has evolved significantly since its inception in the 1960s. As recounted by Sierra Club's expert, early computer graphics systems could only create drawings with lines and other geometric features. At the next stage, computer-aided drafting systems allowed users to create more precise engineering drawings. Next came automated mapping systems, also called computer-aided mapping,
According to the County's deputy surveyor, the term "computer mapping system" as used in 1988, when section 6254.9 was enacted, is simply a precursor to GIS technology and necessarily includes both software and related databases. Sierra Club's expert counters that while the term "GIS" can be used broadly today to refer to both software and GIS-formatted data, the term "computer mapping system" as used in the 1980s referred only to a system of linked software modules and did not include any related databases. Both parties point to a 2006 text defining "GIS" as "[a]n integrated collection of computer software and data used to view and manage information about geographic places, analyze spatial relationships, and model spatial processes. A GIS provides a framework for gathering and organizing spatial data and related information so that it can be displayed and analyzed." (Wade & Sommer, A to Z GIS: An Illustrated Dictionary of Geographic Information Systems (2d ed. 2006) p. 90.) But a 2006 definition of "GIS" does not shed light on what the Legislature meant by the term "computer mapping system" in 1988.
According to Sierra Club, "the plain meaning of the subject term `software' in subdivision (a) is commonly understood to be distinct from the data upon which the software operates." Dictionary definitions contemporaneous with the 1988 adoption of section 6254.9 tend to support Sierra Club's view. (See Webster's 9th New Collegiate Dict. (1987) p. 1121 [defining "software" as "1: The entire set of programs, procedures, and related documentation associated with a system and esp. a computer system; specif: computer programs ..."]; 15 Oxford English Dict. (2d ed. 1989) p. 937 [defining "software" as "a. The programs and procedures required to enable a computer to perform a specific task, as opposed to the physical components of the system ... b. esp. The body of system programs, including compilers and
The Legislature gave a similar meaning to the term "computer software" in 2004 when it enacted Business and Professions Code section 22947.1, subdivision (c), which defines "computer software" as "a sequence of instructions written in any programming language that is executed on a computer." (Stats. 2004, ch. 843, § 2, p. 6420.) On the other hand, the Legislature in 1987 — nine months before the adoption of Government Code section 6254.9 — defined "computer program or software" more broadly in the Penal Code to mean "a set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions." (Pen. Code, § 502, subd. (b)(3), italics added; Stats. 1987, ch. 1499, § 3, p. 5782.) Thus, although the ordinary meaning of "computer software" tends to support Sierra Club's contention that the term "computer mapping systems" in section 6254.9(b) refers only to mapping software, the Legislature contemporaneously used "computer software" elsewhere to mean not only a program or sequence of instructions but also related data.
The County adopts the Court of Appeal's view that interpreting "computer mapping systems" to encompass only mapping software would make that
Further, Sierra Club contends, if a computer mapping system includes not only mapping software but also parcel data in a compatible format, then presumably a computer graphics system would include not only graphics software but also graphics data in a compatible format — a construction that "would arguably exclude from the PRA all computer data operated upon by programs using a graphical interface such as those found on Microsoft Windows or Apple Macintosh computers ...." Amicus curiae Electronic Frontier Foundation similarly notes that "computer graphics systems," under the County's reading, would include public databases of mug shots or other images consisting of files (for example, JPEG files) formatted to be viewed and manipulated by graphics software. As a practical matter, such an interpretation would tend to make the mandate in section 6253.9(a)(1) that "[t]he agency shall make the information available in any electronic format in which it holds the information" a virtual nullity or, at least, a limited exception rather than a general rule. Almost all data stored in computers are formatted in some manner to be used with application software. It seems implausible that the Legislature — having expressly stated that "information... stored in a computer" is a type of public record subject to disclosure (§ 6254.9(d)) and having provided for access to such information "in any electronic format in which [the agency] holds the information" (§ 6253.9(a)(1)) — would have intended to exclude large categories of computer databases (mapping and graphics) merely because the files they contain are formatted to be read and manipulated by mapping and graphics software.
Although both parties rely on legislative history in support of their respective positions, our review of the history does not reveal anything decisive on the issue before us.
In considering the history of the statutes at issue, we grant the requests of the parties and amici curiae to take judicial notice of legislative history documents for Assembly Bill No. 3265 (1987-1988 Reg. Sess.), Assembly Bill No. 1293 (1997-1998 Reg. Sess.), Assembly Bill No. 2799 (1999-2000 Reg. Sess.), Assembly Bill No. 1014 (2001-2002 Reg. Sess.), and Assembly Bill No. 1978 (2007-2008 Reg. Sess.); ballot materials concerning Proposition 59 (Gen. Elec. (Nov. 2, 2004)); the American Heritage Dictionary's definition of "program"; and Board of Supervisors of Orange County, Resolution No. 11-196 (Dec. 13, 2011). We deny Sierra Club's requests to take judicial notice of a "GIS Needs Assessment Study," an excerpt from Ceruzzi, A History of Modern Computing (1998), and a LexisNexis report of amendments to the PRA, as none is the proper subject of judicial notice.
Section 6254.9 was enacted in 1988. (Stats. 1988, ch. 447, § 1, p. 1836.) As introduced on February 11, 1988, Assembly Bill No. 3265 (1987-1988 Reg. Sess.) provided in relevant part: "Nothing in this chapter prohibits an agency from selling proprietary information or requiring a licensing agreement for payment of royalties to the agency prior to any subsequent sale, distribution, or commercial use of the proprietary information by any person receiving the information. For purposes of this subdivision, `proprietary information' includes computer readable data bases, computer programs, and computer graphics systems." (Id. at p. 2.) An amendment changed the term "proprietary information" to "computer software" and added a provision that "[n]othing in this section is intended to affect the public record status of information merely because it is stored in a computer." (Assem. Bill No. 3265 (1987-1988 Reg. Sess.) as amended Apr. 4, 1988, p. 2.) A Senate amendment replaced the term "computer readable data bases" with "computer mapping systems." (Sen. Amend. to Assem. Bill No. 3265 (1987-1988 Reg. Sess.) June 9, 1988, p. 2.)
The bill was sponsored by the City of San Jose. A report by the Assembly Committee on Governmental Organization noted that the city had "developed various computer readable mapping systems, graphics systems, and other
The Department of Finance originally opposed the bill, in part because the inclusion of "computer readable data bases" in the definition of "computer software" was contradictory to the intent expressed in the provision of the bill that said "[n]othing in this section is intended to affect the public record status of information merely because it is stored in a computer." (Dept. of Finance, Analysis of Assem. Bill No. 3265 (1987-1988 Reg. Sess.) as amended Apr. 4, 1988, p. 2.) The Department of Finance dropped its opposition after the Senate amendment on June 9, 1988, changed "computer readable data bases" to "computer mapping systems" and addressed other concerns about the scope of an agency's licensing authority. (Sen. Amend. to Assem. Bill No. 3265 (1987-1988 Reg. Sess.) June 9, 1988, p. 2; see Dept. of Finance, Analysis of Assem. Bill No. 3265 (1987-1988, Reg. Sess.) as amended June 15, 1988, p. 1.)
The legislative history reveals no attempt to define "computer mapping system" after the term was introduced by the June 9, 1988 amendment. Instead, various terms were used loosely to explain the scope and effect of the bill. For example, an Assembly report concurring in the final Senate amendments said that the City of San Jose "has developed computer readable mapping systems" and that the "city is concerned about recouping the cost of developing the software." (Assem. Conc. in Sen. Amends. to Assem. Bill No. 3265 (1987-1988 Reg. Sess.) as amended June 15, 1998, p. 1, italics added.) The same report noted that the bill "draws a distinction between computer software and computer-stored information" (id. at p. 2, italics added), with the latter but not the former constituting a public record. By contrast, the Department of Finance's final fiscal analysis of the bill noted: "The potential revenue generated by the sale of computer programs, graphics, and information data bases could be substantial ...." (Dept. of Finance, Analysis of Assem. Bill No. 3265 (1987-1988 Reg. Sess.) as amended June 15, 1988, p. 1, italics added.) Similarly, a Republican analysis for the Assembly Committee on Governmental Organization stated that the final amended bill would "allow agencies to recover development and maintenance costs of computer software by selling or licensing computer programs and data bases that have been developed sometimes at considerable public expense." (Assem. Republican Caucus, analysis of Assem. Bill No. 3265 (1987-1988 Reg. Sess.) as amended June 15, 1988, p. 1, italics added.)
In sum, the legislative history of section 6254.9 reveals a significant change in the scope of the bill from the time it was introduced in February 1988 until it was enacted in June 1988. The legislation evolved from a bill solely concerned with allowing agencies to recoup the cost of developing proprietary information to a statute that balanced such concerns with a general intent to maintain the public record status of electronically stored information. The broad terms "proprietary information" and "computer readable data bases" were replaced with the narrower terms "computer software"
Nor does the Legislature's 2000 addition of section 6253.9, which specifically governs the disclosure of electronic records, help to resolve the matter. (See Stats. 2000, ch. 982, § 2, p. 7142, added by Assem. Bill No. 2799 (1999-2000 Reg. Sess.) (Assembly Bill 2799).) As noted, section 6253.9(a) says: "Unless otherwise prohibited by law, any agency that has information that constitutes an identifiable public record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that information available in an electronic format when requested by any person...." Assembly Bill 2799 was sponsored by the California Newspaper Publishers Association "to ensure quicker, more useful access to public records." (Assem. Com. on Governmental Organization, Analysis of Assem. Bill 2799 (1999-2000 Reg. Sess.) as introduced Feb. 28, 2000, p. 2.) As originally introduced, the bill did not specify that it applied only to electronic records already subject to disclosure under the PRA, prompting opposition from various public entities intent on preserving the exclusion for "proprietary software" in section 6254.9(a). (Sen. Com. on Judiciary, Analysis of Assem. Bill 2799 (1999-2000 Reg. Sess.) as amended June 22, 2000, p. 10 (Senate Analysis).) This concern was remedied through amendments clarifying that the bill applied only to information otherwise subject to disclosure. (Ibid.) In particular, the Senate Judiciary Committee noted that Assembly Bill 2799 as amended allows agencies to reject any request that would require an agency to release proprietary software along with the requested records. (Sen. Analysis, p. 5.)
Meanwhile, other agencies expressed concern that because the bill would require electronic disclosure of "massive databases," it would require significant amounts of staff time to redact nondisclosable information and would increase the risk of unintentional release of nondisclosable information when compared with nonelectronic production. (Assem. Com. on Governmental Organization, Analysis of Assem. Bill 2799 (1999-2000 Reg. Sess.) as amended Apr. 27, 2000, pp. 2-3.) The Legislature does not appear to have adopted any amendments in response to this concern, and documents in the Governor's Chaptered Bill File suggest that these concerns remained in effect
As with section 6254.9, the legislative history of section 6253.9 reveals no clear answer to the question before us. On one hand, we can infer that the Legislature recognized a distinction between software and data, since it amended Assembly Bill 2799 (1999-2000 Reg. Sess.) to protect proprietary software while rejecting agency concerns that the disclosure of databases in an electronic format might require significant stafftime. On the other hand, even if the Legislature adopted section 6253.9 on the premise that electronic databases are generally subject to disclosure, it does not follow that a GIS-formatted database, in particular, is also subject to disclosure in light of section 6254.9(b)'s exclusion of "computer mapping systems" from the definition of a public record.
Because legislative history is inconclusive on the question presented, our review of the history does not alter the conclusion we previously reached. Considering the relevant terms of section 6254.9 by themselves and in their statutory context, we believe the public records exemption for "[c]omputer software" (§ 6254.9(a)), a term that "includes computer mapping systems" (§ 6254.9(b)), does not cover GIS-formatted databases like the OC Landbase at issue here.
Any remaining doubt about the proper interpretation of section 6254.9 in this case is dispelled by the interpretive rule in article I, section 3, subdivision (b)(2), of the California Constitution: "A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access."
To the extent that the term "computer mapping system" is ambiguous, the constitutional canon requires us to interpret it in a way that maximizes the public's access to information "`unless the Legislature has expressly provided to the contrary.'" (Office of Inspector General v. Superior Court, supra, 189 Cal.App.4th at p. 709.) As explained above, we find nothing in the text, statutory context, or legislative history of the term "computer mapping system" that allows us to say the Legislature clearly sought to exclude GIS-formatted parcel data from the definition of a public record when it can be disclosed without any accompanying software. Applying the interpretive rule set forth in article I, section 3, subdivision (b)(2) of the Constitution, we must conclude that section 6254.9(b)'s exclusion of "computer mapping
We note that this interpretation is consistent with a 2005 opinion letter issued by the Attorney General in response to a request by a member of the Assembly to determine whether "parcel boundary map data maintained in an electronic format by a county assessor [is] subject to public inspection and copying under provisions of the California Public Records Act ...." (88 Ops.Cal.Atty.Gen. 153 (2005).) The opinion letter explained that "the term `computer mapping systems' in section 6254.9 does not refer to or include basic maps and boundary information per se (i.e., the basic data compiled, updated, and maintained by county assessors), but rather denotes unique computer programs to process such data using mapping functions — original programs that have been designed and produced by a public agency." (88 Ops.Cal.Atty.Gen., supra, at p. 159.) "Accordingly," the Attorney General concluded, "parcel map data maintained in an electronic format by a county assessor does not qualify as a `computer mapping system' under the exemption provisions of section 6254.9" (88 Ops.Cal.Atty.Gen., supra, at p. 159) and must be provided upon request as a public record at a fee limited to the direct cost of producing the copy (id. at pp. 163-164). As noted above, the record here indicates that 47 counties in California maintain GIS-formatted parcel base maps and provide access to those GIS-formatted databases as public records. (Ante, at p. 163.) Of those 47 counties, 19 changed their fee policies following the Attorney General's opinion letter, according to Sierra Club's expert.
For the reasons above, we reverse the judgment of the Court of Appeal and remand to that court with directions to remand to the superior court to issue a writ consistent with this opinion.
Cantil-Sakauye, C. J., Kennard, J., Baxter, J., Werdegar, J., Chin, J., and Corrigan, J., concurred.