BILL NUMBER: AB 2501 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Garrick
FEBRUARY 24, 2012
An act to amend Section 6253 of the Government Code,
relating to public records. An act to add Section
11151.1 to the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2501, as amended, Garrick. Public records: inspection.
State government.
Existing law requires each department to maintain an office and
the director of each department who is a member of the Governor's
council to reside in Sacramento.
This bill would require, on or before January 1, 2025, every state
agency, as defined, to have its primary administrative office
located within the Sacramento metropolitan area, and the Supreme
Court to only hear cases in the Sacramento metropolitan area. This
bill would also require the Director of General Services, on or
before December 31, 2015, to coordinate with the heads of every state
agency to establish a plan to relocate facilities to the Sacramento
metropolitan area.
The California Public Records Act requires public agencies to make
public records available for inspection, subject to specified
criteria, and with specified exceptions.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) To the extent practicable, state agencies, departments,
offices, divisions, bureaus, boards, and commissions are units of
state government that should be located in the Sacramento
metropolitan area.
(b) Certain state entities maintain extensive facilities in areas
of the state that necessitate excessive expenditures of taxpayer
funds to operate.
(c) Administrative and executive facilities of state entities
housed outside the Sacramento metropolitan area, where the costs to
operate exceed the costs of operating within the Sacramento
metropolitan area, should be relocated to Sacramento to take
advantage of the cost savings.
SEC. 2. Section 11151.1 is added to the
Government Code , to read:
11151.1. (a) On or before January 1, 2025, every state agency
shall have its primary administrative office located within the
Sacramento metropolitan area. A state agency that requires direct
public interaction to facilitate its function may maintain local or
regional offices for that purpose.
(b) On or before January 1, 2025, the Supreme Court shall only
hear cases in the Sacramento metropolitan area.
(c) On or before December 31, 2015, the Director of General
Services shall coordinate with the heads of every state agency to
establish a plan to relocate facilities to the Sacramento
metropolitan area.
(d) For purposes of this section, the following definitions shall
apply:
(1) "Sacramento metropolitan area" means the greater metropolitan
Sacramento area, including the City of Sacramento, the County of
Sacramento, and the eastern part of Yolo County.
(2) "State agency" includes every state agency, department,
office, division, bureau, board, commission, or state entity under
the direction of a constitutional officer.
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 the 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, 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.