California Legislature—2013–14 Regular Session

Assembly Bill No. 527

Introduced by Assembly Member Beth Gaines

February 20, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

AB 527, as introduced, Beth Gaines. California Public Records Act.

The California Public Records Act requires state and local agencies to make public records available for inspection by the public, subject to specified criteria, and with specified exceptions.

This bill would make technical, nonsubstantive changes to these provisions.

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, 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)  begin insert (1) end insert begin insert   end insert 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. begin delete No end delete begin insert The end insert notice shall
begin insert not end insert 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. begin delete As end delete

begin insert (2) end insert begin insert   end insert begin insert As end insert used in this begin delete section end delete begin insert subdivision end insert , “unusual circumstances”
means the following, but only to the extent reasonably necessary
to the proper processing of the particular request:

begin delete

(1)

end delete

begin insert (A) end insert  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.

begin delete

(2)

end delete

begin insert (B) end insert  The need to search for, collect, and appropriately examine
a voluminous amount of separate and distinct records that are
demanded in a single request.

begin delete

(3)

end delete

begin insert (C) end insert  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.

begin delete

(4)

end delete

begin insert (D) end insert  The need to compile data, to write programming language
or a computer program, or to construct a computer report to extract
data.

(d)  begin delete Nothing in this end delete begin insert This end insert chapter shall begin insert not end insert 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.