BILL NUMBER: SB 1337 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 3, 2014
INTRODUCED BY Senator DeSaulnier
FEBRUARY 21, 2014
An act to add Sections 6253.11 and 6253.12 to
amend Sections 6253 and 6253.9 of, and to add Section 7550.7 to,
the Government Code, relating to public records.
state government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1337, as amended, DeSaulnier. Public records:
electronic copies and media requests. records and
reports.
The
(1) The California Public Records
Act requires every state or local agency to make public records open
to inspection at all times during regular office hours and provides
that every person has a right to inspect any public record, except as
specified. Existing law requires a state or local agency to
follow certain procedures with respect to electronic
copies of public records and does not require a state or local agency
to reconstruct a record in an electronic format if the agency no
longer has the record available in an electronic format. Existing law
requires a state or local agency to determine whether a request
seeks copies of disclosable public records in the possession of the
agency within 10 days from the receipt of the request, except as
specified.
This bill would require a state or local agency
to provide an electronic copy of a public record created on or
after January 1, 2016, when the public record is made available
in response to a request. This bill would require a state
or local agency to respond to a request for public records from a
member of the press, as defined, within 14 days. By imposing
additional duties upon local agencies in making public records
available for inspection, this bill would impose a state-mandated
local program. This bill would also require, beginning
January 1, 2016, a state agency to provide a public record as soon
as possible and no later than 30 days of the date that the agency has
determined that a request is for a disclosable public record in the
possession of the agency.
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.
(2) Existing law generally sets out the requirements for the
submission of written reports by public agencies to the Legislature,
the Governor, the Controller, and state legislative and other
executive entities.
This bill would require a written report, as defined, submitted by
any state agency or department to the Legislature, a Member of the
Legislature, or any state legislative or executive body to include a
signed statement by the head of the agency or department declaring
that the factual contents of the written report are true, accurate,
and complete to the best of his or her knowledge.
This bill would also make any person who declares as true any
material matter pursuant to these provisions that he or she knows to
be false liable for a civil penalty not to exceed $20,000.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes 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 and as provided in subdivision (e)
, 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) 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 notice shall 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 used in this section, "unusual circumstances" means the
following, but only to the extent reasonably necessary to the proper
processing of the particular request:
(1) 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) 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) 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) 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) Beginning January 1, 2016, once a state agency has determined
that a request is for a disclosable public record in the possession
of the state agency pursuant to subdivision (c), the state agency
shall provide the requested public record as soon as possible and no
later than 30 days of determining that a record is disclosable.
(e)
(f) 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.
SEC. 2. Section 6253.9 of the
Government Code is amended to read:
6253.9. (a) Unless otherwise prohibited by law, any agency that
has information that constitutes an identifiable public record not
exempt from disclosure pursuant to this chapter that is in an
electronic format shall make that information available in an
electronic format when requested by any person and, when applicable,
shall comply with the following:
(1) The agency shall make the information available in any
electronic format in which it holds the information.
(2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies. The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record when
either of the following applies:
(1) In order to comply with the provisions of subdivision (a), the
public agency would be required to produce a copy of an electronic
record and the record is one that is produced only at otherwise
regularly scheduled intervals.
(2) The request would require data compilation, extraction, or
programming to produce the record.
(c) Nothing in Except as may be
required by subdivision (h), this section shall not
be construed to require the public agency to reconstruct a record in
an electronic format if the agency no longer has the record
available in an electronic format.
(d) If the request is for information in other than electronic
format, and the information also is in electronic format, the agency
may inform the requester that the information is available in
electronic format.
(e) Nothing in this section shall be construed to permit an agency
to make information available only in an electronic format.
(f) Nothing in this section shall be construed to require the
public agency to release an electronic record in the electronic form
in which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of any
proprietary software in which it is maintained.
(g) Nothing in this section shall be construed to permit public
access to records held by any agency to which access is otherwise
restricted by statute.
(h) A state agency shall provide an electronic copy of a public
record when the public record is made available in response to a
request. This subdivision shall only apply to a public record created
on or after January 1, 2016.
SEC. 3. Section 7550.7 is added to the
Government Code , to read:
7550.7. (a) (1) Notwithstanding any other law, a written report
submitted to the Legislature, a Member of the Legislature, or any
state legislative or executive body by any state agency or department
shall include a signed statement by the head of that agency or
department declaring that the factual contents of the report are
true, accurate, and complete to the best of his or her knowledge.
(2) With respect to the Franchise Tax Board, the signed statement
described in paragraph (1) shall be made by the executive officer of
that board, and with respect to the State Board of Equalization, the
statement shall be made by the executive director of that board.
(b) Paragraph (1) of subdivision (a) shall apply to the head of
every state agency or department, including, but not limited to,
elected officials of state government, and any state official whose
duties are prescribed by the California Constitution.
(c) For purposes of this section, a "written report" is either of
the following:
(1) A document required by statute to be prepared and submitted to
the Legislature, or any state legislative or executive body.
(2) A document, summary, or statement requested by a Member of the
Legislature.
(d) The declaration in the signed statement as to the truth,
accuracy, and completeness of the factual contents of the written
report shall not apply to any forecasts, predictions,
recommendations, or opinions contained in the written report.
(e) Any person who declares as true any material matter pursuant
to this section that he or she knows to be false shall be liable for
a civil penalty not to exceed twenty thousand dollars ($20,000). The
civil penalties provided for in this section shall be exclusively
assessed and recovered in a civil action brought in the name of the
people of the State of California in any court of competent
jurisdiction by the Attorney General.
SECTION 1. Section 6253.11 is added to the
Government Code, to read:
6253.11. A public agency shall provide an electronic copy of a
public record when the public record is made available in response to
a request.
SEC. 2. Section 6253.12 is added to the
Government Code, to read:
6253.12. (a) A public agency shall respond to a request for
public records from a member of the press within 14 days.
(b) For the purposes of this section, "member of the press" means
a person engaged in the regular gathering, preparing, collecting,
photographing, recording, writing, editing, reporting, or publishing
of information that concerns local, national, or international events
or other matters of public interest for dissemination to the public.
SEC. 3. 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.