AB 1707, as amended, 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.
begin delete insteadend delete would require begin delete 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.end delete 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 6255 of the Government Code is amended
(a) The agency shall justify withholding any record by
4demonstrating that the record in question is exempt under express
5provisions of this chapter or that on the facts of the particular case
6the public interest served by not disclosing the record clearly
7outweighs the public interest served by disclosure of the record.
8(b) A response to
begin delete anyend delete request for inspection or copies
9of public records that includes a determination that the request is
10denied, in whole or in part, shall be in writing.
begin delete That written
11response also shall include a list that contains both of the following:end delete
16(1) The title or other identification of each record requested but
17withheld due to an exemption.
18(2) The specific exemption that applies to that record.end delete
The Legislature finds and declares that Section 1 of
2this act, which amends Section 6255 of the Government Code,
3furthers, within the meaning of paragraph (7) of subdivision (b)
4of Section 3 of Article I of the California Constitution, the purposes
5of that constitutional section as it relates to the right of public
6access to the meetings of local public bodies or the writings of
7local public officials and local agencies. Pursuant to paragraph (7)
8of subdivision (b) of Section 3 of Article I of the California
9Constitution, the Legislature makes the following findings:
10Because the people have the right of access to information
11concerning the conduct of the people’s business, requiring local
begin delete to provide a written response to any request for
13records that is denied and to include in that response a list of each
14record being withheld due to an exemption from disclosure and
15the specific exemption that applies furthers the purposes of Section
163 of Article 1.end delete
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district under this act would result from a legislative mandate that
25is within the scope of paragraph (7) of subdivision (b) of Section
263 of Article I of the California Constitution.