Amended in Senate May 24, 2013

Amended in Senate April 16, 2013

Senate Bill No. 570

Introduced by Senator DeSaulnier

February 22, 2013

An act to add Section 6253.32 to the Government Code, relating to begin delete local government end delete begin insert public records end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 570, as amended, DeSaulnier. begin delete Local government: public end delete begin insert Public end insert 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.

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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

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begin insert This bill end insert 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.

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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.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 6253.32 is added to the Government
Code, to read:

6253.32.  

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(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.

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begin delete (b) end delete begin delete   end delete 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.

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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.

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