BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                       Bill No:  SB  
          570
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2013-2014 Regular Session
                                 Staff Analysis

          SB 570  Author:  DeSaulnier
          As Amended:  April 16, 2013
          Hearing Date:  April 23, 2013
          Consultant:  Art Terzakis

                                     SUBJECT  
                    Public Records: copy charges: retrieval

                                   DESCRIPTION
           
          SB 570 adds the following provisions to the California  
          Public Records Act (CPRA):

          1)Provides that 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.

          2)Prohibits a public agency from charging for copies of  
            records under either of the following circumstances: 

             a)   The records are available in portable digital  
               format (PDF).

             b)   The records consist of data extracted from a  
               database, if new programming is not required to  
               extract the data. 

                                   EXISTING LAW

           Existing law, the California Public Records Act (CPRA) sets  
          forth a general rule that records in the possession of a  
          public agency shall be made available for inspection and  
          copying to members of the public upon request.  (Government  
          Code Section 6250 et seq.)

                                    BACKGROUND
           




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          The fundamental precept of the CPRA is that governmental  
          records shall be disclosed to the public, upon request,  
          unless there is a specific reason not to do so.  Most of  
          the reasons for withholding disclosure of a record are set  
          forth in specific exemptions contained in the CPRA.   
          However, some confidentiality provisions are incorporated  
          by reference to other laws.  Also, the CPRA provides for a  
          general balancing test by which an agency may withhold  
          records from disclosure, if it can establish that the  
          public interest in nondisclosure clearly outweighs the  
          public interest in disclosure.

          All state and local government agencies are covered by the  
          CPRA.   Non-profit and for-profit entities subject to the  
          Ralph M. Brown Act are covered as well.  The CPRA is not  
          applicable to the Legislature, which is instead covered by  
          the Legislative Open Records Act.  The judicial branch is  
          not bound by the CPRA, although most court records are  
          disclosable as a matter of public rights of access to  
          courts.  

          The CPRA 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. The direct cost of  
          duplication includes the pro rata expense of the  
          duplicating equipment utilized in making a copy of a record  
          and, conceivably, the pro rata expense in terms of staff  
          time (salary/benefits) required to produce the copy.  A  
          staff person's time in researching, retrieving and mailing  
          the record is not included in the direct cost of  
          duplication.  By contrast, when an agency must compile  
          records or extract information from an electronic record or  
          undertake programming to satisfy a request, the requestor  
          must bear the full cost, not merely the direct cost of  
          duplication.  The right to inspect and copy records does  
          not extend to records that are exempt from disclosure.  The  
          CPRA contains no provision for a charge to be imposed in  
          connection with the mere inspection of records. 
           
          Purpose of SB 570:   The author's office notes that  
          currently, the rate charged for copies of electronic  
          records is the same as those for non-electronic records.   
          For example, The California State University System charges  
          the same amount for copies of a portable digital format  
          (PDF) document as for the paper document - $0.20 per page.   




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          The author's office also points out that many agencies  
          charge a substantial fee for extracting data from an  
          existing database whether or not any new programming has to  
          be done to permit the extraction.  The author's office  
          contends that the cost of sending a PDF is no different  
          whether the document is one-page or 100 pages - thus,  
          charging an individual for an 
          e-mail with a PDF attachment upwards of $0.20 per page  
          makes no sense.

          Additionally, the author's office states that some public  
          agencies refuse to accept credit card or other digital  
          payment for copies of public records.  As an example, the  
          author's office cites the California State University which  
          insists on a mailed check for less than a dollar before  
          e-mailing a requester a one-or two-page document.  The  
          author's office believes that creating a payment form that  
          may offer greater convenience for members of the public  
          makes complete sense.  Thus, this measure would require  
          agencies to accept credit card and other forms of  
          electronic payment if a request for a copy of records under  
          the CPRA includes a total of 20 or fewer pages.

           Arguments in Opposition:   Opponents argue that SB 570 would  
          likely place additional burdens on local agencies and  
          create a costly requirement for any special district or  
          local agency that does not currently accept credit card  
          payments for small transactions, or simply does not have  
          credit card payment processing capabilities in the first  
          place.  Additionally, opponents believe that the problem SB  
          570 seeks to address is an isolated concern that can be  
          more appropriately addressed at the local level between the  
          public agency and affected members of the public.

           SUPPORT:   None on file as of April 19, 2013.

           OPPOSE:   California Special Districts Association
          
          FISCAL COMMITTEE:   Senate Appropriations Committee