BILL NUMBER: SB 570 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2013
INTRODUCED BY Senator DeSaulnier
FEBRUARY 22, 2013
An act to amend Section 54950 of add
Section 6253.32 to the Government Code, relating to local
government.
LEGISLATIVE COUNSEL'S DIGEST
SB 570, as amended, DeSaulnier. Local government: open
meetings. public records: copy charges: retrieval.
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.
This 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.
By increasing the duties of local public agencies responding to
public records requests under certain circumstances, this bill would
impose a state-mandated local program.
The 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.
This 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.
Existing 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.
This bill would make technical, nonsubstantive changes to a
provision of the Ralph M. Brown Act.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6253.32 is added to the
Government Code , t o read:
6253.32. (a) If a request for a copy of records includes a total
of 20 or fewer pages, the forms of payment accepted by a public
agency shall include credit card payment or another electronic
payment option.
(b) Notwithstanding any other law, a public agency shall not
charge for copies of records under either of the following
circumstances:
(1) The records are available in portable digital format (PDF).
(2) The records consist of data extracted from a database, if new
programming is not required to extract the data.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 54950 of the Government Code
is amended to read:
54950. (a) In enacting this chapter, the Legislature finds and
declares that the public commissions, boards, councils, and the other
public agencies in this state exist to aid in the conduct of the
people's business. It is the intent of the law that their actions be
taken openly and that their deliberations be conducted openly.
(b) The people of this state do not yield their sovereignty to the
agencies that serve them. The people, in delegating authority, do
not give their public servants the right to decide what is good for
the people to know and what is not good for them to know. The people
insist on remaining informed, so that they may retain control over
the instruments they have created.