SB 570,
as amended, DeSaulnier. Local government:begin delete open meetings.end deletebegin insert public records: copy charges: retrieval.end insert
The California Public Records Act provides that any person may receive a copy of any identifiable public record from any state or local agency upon payment of fees covering direct costs of duplication or a statutory fee if applicable.
end insertbegin insertThis bill would require the forms of payment accepted by a public agency to include credit card payment or another electronic payment option, if a request for a copy of records includes a total of 20 or fewer pages. The bill also would prohibit a public agency from charging for copies of records available in portable digital format (PDF), or for a copy of data that is extracted from a database, if new programming is not required to extract the data.
end insertbegin insertBy increasing the duties of local public agencies responding to public records requests under certain circumstances, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertExisting law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for its regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized.
end deleteThis bill would make technical, nonsubstantive changes to a provision of the Ralph M. Brown Act.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 6253.32 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert
(a) If a request for a copy of records includes a total
4of 20 or fewer pages, the forms of payment accepted by a public
5agency shall include credit card payment or another electronic
6payment option.
7(b) Notwithstanding any other law, a public agency shall not
8charge for copies of records under either of the following
9circumstances:
10(1) The records are available in portable digital format (PDF).
11(2) The records consist of data extracted from a database, if
12new programming is not required to extract the data.
If the Commission on State Mandates determines that
14this act contains costs mandated by the state, reimbursement to
15local agencies and school districts for those costs shall be made
16pursuant to Part 7 (commencing with Section 17500) of Division
174 of Title 2 of the Government Code.
Section 54950 of the Government Code is
19amended to read:
(a) In enacting this chapter, the Legislature finds and
21declares that the public commissions, boards, councils, and the
22other public agencies in this
state exist to aid in the conduct of the
P3 1people’s business. It is the intent of the law that their actions be
2taken openly and that their deliberations be conducted openly.
3(b) The people of this
state do not yield their sovereignty to the
4agencies that serve them. The people, in delegating authority, do
5not give their public servants the right to decide what is good for
6the people to know and what is not good for them to know. The
7people insist on remaining informed, so that they may retain control
8over the instruments they have created.
O
98