BILL NUMBER: SB 1386	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Peace

                        FEBRUARY 12, 2002

   An act to amend Section 6253 of the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1386, as introduced, Peace.  Public records.
   The California Public Records Act requires state and local
agencies to make public records available upon receipt of a request
that reasonably describes an identifiable record not otherwise exempt
from disclosure by express provisions of law, and upon payment of
fees to cover costs.  Existing law also requires a state department
or agency to enact and maintain a permanent privacy policy that
includes, among other provisions, a means for protecting personal
data the department or agency collects against unauthorized
disclosure, as specified.
   This bill would specify that the provision requiring a privacy
policy is among those express provisions of law that may exempt a
public record from disclosure.
   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 6253 of the Government Code is amended to read:

   6253.  (a) Public records are open to inspection at all times
during the office hours of the state or local agency and every person
has a right to inspect any public record, except as hereafter
provided.  Any reasonably segregable portion of a record shall be
available for inspection by any person requesting the record after
deletion of the portions that are exempted by law.
   (b) Except with respect to public records exempt from disclosure
by express provisions of law,  including Section 11019.9, 
each state or local agency, upon a request for a copy of records that
reasonably describes an identifiable record or records, shall make
the records promptly available to any person upon payment of fees
covering direct costs of duplication, or a statutory fee if
applicable.  Upon request, an exact copy shall be provided unless
impracticable to do so.
   (c) Each agency, upon a request for a copy of records, shall,
within 10 days from receipt of the request, determine whether the
request, in whole or in part, seeks copies of disclosable public
records in the possession of the agency and shall promptly notify the
person making the request of the determination and the reasons
therefor.  In unusual circumstances, the time limit prescribed in
this section may be extended by written notice by the head of the
agency or his or her designee to the person making the request,
setting forth the reasons for the extension and the date on which a
determination is expected to be dispatched.  No notice shall specify
a date that would result in an extension for more than 14 days.  When
the agency dispatches the determination, and if the agency
determines that the request seeks disclosable public records, the
agency shall state the estimated date and time when the records will
be made available.  As used in this section, "unusual circumstances"
means the following, but only to the extent reasonably necessary to
the proper processing of the particular request:
   (1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
   (2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records that are demanded
in a single request.
   (3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having substantial interest in
the determination of the request or among two or more components of
the agency having substantial subject matter interest therein.
   (4) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.

   (d) Nothing in this chapter shall be construed to permit an agency
to delay or obstruct the inspection or copying of public records.
The notification of denial of any request for records required by
Section 6255 shall set forth the names and titles or positions of
each person responsible for the denial.
   (e) Except as otherwise prohibited by law, a state or local agency
may adopt requirements for itself that allow for faster, more
efficient, or greater access to records than prescribed by the
minimum standards set forth in this chapter.