BILL NUMBER: AB 1707	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Linder

                        JANUARY 25, 2016

   An act to amend Section 6255 of the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1707, as introduced, Linder. Public records: response to
request.
   The California Public Records Act requires state and local
agencies to make public records available for inspection, unless an
exemption from disclosure applies. The act requires a response to a
written request for public records that includes a denial of the
request, in whole or in part, to be in writing.
   This bill instead would require that response to be in writing
regardless of whether the request was in writing. The bill would
require that written response additionally to include a list that
contains the title or other identification of each record requested
but withheld due to an exemption and the specific exemption that
applies to that record. Because local agencies would be required to
comply with this new requirement, this bill would impose a
state-mandated local program.
   The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.
   This bill would make legislative findings to that effect.
   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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6255 of the Government Code is amended to read:

   6255.  (a) The agency shall justify withholding any record by
demonstrating that the record in question is exempt under express
provisions of this chapter or that on the facts of the particular
case the public interest served by not disclosing the record clearly
outweighs the public interest served by disclosure of the record.
   (b) A response to  a written   any 
request for inspection or copies of public records that includes a
determination that the request is denied, in whole or in part, shall
be in writing.  That written response   also shall
include a list that contains   both of the following: 

   (1) The title or other identification of each record requested but
withheld due to an exemption.  
   (2) The specific exemption that applies to that record. 
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which amends Section 6255 of the Government Code, furthers,
within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that
constitutional section as it relates to the right of public access to
the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
   Because the people have the right of access to information
concerning the conduct of the people's business, requiring local
agencies to provide a written response to any request for public
records that is denied and to include in that response a list of each
record being withheld due to an exemption from disclosure and the
specific exemption that applies furthers the purposes of Section 3 of
Article 1.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that
is within the scope of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution.