BILL NUMBER: AB 527	INTRODUCED
	BILL TEXT


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)  (1)    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
  The  notice shall  not  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 
    (2)     As  used in this 
section  subdivision  , "unusual circumstances"
means the following, but only to the extent reasonably necessary to
the proper processing of the particular request: 
   (1) 
    (A)  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) 
    (B)  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) 
    (C)  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) 
    (D)  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   This  chapter
shall  not  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.