BILL NUMBER: AB 1707	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly  Member   Linder
  Members   Linder   and Dababneh

    (   Principal coauthor:   Assembly Member
  Cristina Garcia   ) 
    (   Coauthors:   Assembly Members 
 Travis Allen,   Brough,   Hadley,  
Lackey,   and Olsen   ) 

                        JANUARY 25, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   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.  Existing law requires an
agency to justify withholding any record by demonstrating that the
record is exempt under express provisions of the act or that the
public interest served by not disclosing the record clearly outweighs
the public interest served by disclosure.  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.   the
written response demonstrating that the record in question is exempt
under an express provision of the act also to identify the type or
types of record withheld and the specific exemption that justifies
withholding that type of 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  any   a written 
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:   The written
response demonstrating that the record in question is exempt under an
express provision of this chapter also shall identify the type or
types of record withheld and the specific exemption that justifies
withholding that type of record.  
   (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.   also to identify in the written
response demonstrating that the record is exempt under an express
provision of the California Public Records Act the type or types of
record withheld, and the specific exemption that applies, furthers
the purposes of Section 3 of Article I. 
  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.