Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2853


Introduced by Assembly Member Gatto

February 19, 2016


An actbegin insert to amend Section 6253 of the Government Code,end insert relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

AB 2853, as amended, Gatto. Public records.

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The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. The act prohibits limitations on access to a public record based upon the purpose for which the record is being requested if the record is otherwise subject to disclosure, authorizes public agencies to adopt requirements for themselves that allow for faster, more efficient, or greater access to records, and requires local agencies that voluntarily post public records on an open data Internet Resource, as defined, to post those public records in an open format that meets specified criteria.

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This bill would authorize a public agency that posts a public record on its Internet Web site to refer a person that requests to inspect or obtain a copy of the public record to the public agency’s Internet Web site where the public record is posted.

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Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

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This bill would make legislative findings to that effect.

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To the extent that this bill would authorize additional local agency expenditures in complying with the California Public Records Act, this bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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The California Public Records Act defines the term “public record,” for purposes of that act, to mean any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

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This bill would express the intent of the Legislature to subsequently amend this bill to include provisions that would clarify that the term “public record,” for purposes of that act, includes those writings kept on the private cellular phone or other electronic device of an elected official, official, or employee or a public agency if those records relate to the public’s business.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 6253 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

6253.  

(a) Public records are open to inspection at all times
4during the office hours of the state or local agency and every person
5has a right to inspect any public record, except as hereafter
6provided. Any reasonably segregable portion of a record shall be
7available for inspection by any person requesting the record after
8deletion of the portions that are exempted by law.

9(b) Except with respect to public records exempt from disclosure
10by express provisions of law, each state or local agency, upon a
11request for a copy of records that reasonably describes an
12identifiable record or records, shall make the records promptly
P3    1available to any person upon payment of fees covering direct costs
2of duplication, or a statutory fee if applicable. Upon request, an
3exact copy shall be provided unless impracticable to do so.

4(c) Each agency, upon a request for a copy of records, shall,
5within 10 days from receipt of the request, determine whether the
6request, in whole or in part, seeks copies of disclosable public
7records in the possession of the agency and shall promptly notify
8the person making the request of the determination and the reasons
9therefor. In unusual circumstances, the time limit prescribed in
10this section may be extended by written notice by the head of the
11agency or his or her designee to the person making the request,
12setting forth the reasons for the extension and the date on which
13a determination is expected to be dispatched. No notice shall
14specify a date that would result in an extension for more than 14
15days. When the agency dispatches the determination, and if the
16agency determines that the request seeks disclosable public records,
17the agency shall state the estimated date and time when the records
18will be made available. As used in this section, “unusual
19circumstances” means the following, but only to the extent
20reasonably necessary to the proper processing of the particular
21request:

22(1) The need to search for and collect the requested records
23from field facilities or other establishments that are separate from
24the office processing the request.

25(2) The need to search for, collect, and appropriately examine
26a voluminous amount of separate and distinct records that are
27demanded in a single request.

28(3) The need for consultation, which shall be conducted with
29all practicable speed, with another agency having substantial
30interest in the determination of the request or among two or more
31components of the agency having substantial subject matter interest
32therein.

33(4) The need to compile data, to write programming language
34or a computer program, or to construct a computer report to extract
35data.

36(d) Nothing in this chapter shall be construed to permit an
37agency to delay or obstruct the inspection or copying of public
38records. The notification of denial of any request for records
39required by Section 6255 shall set forth the names and titles or
40positions of each person responsible for the denial.

P4    1(e) Except as otherwise prohibited by law, a state or local agency
2may adopt requirements for itself that allow for faster, more
3efficient, or greater access to records than prescribed by the
4minimum standards set forth in this chapter.

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5(f) Notwithstanding subdivisions (a) through (e), inclusive, if a
6person requests a public record under this act that the public
7agency has posted on the public agency’s Internet Web site, the
8public agency may comply with the requirements of this act by
9referring that person to public agency’s Internet Web site where
10the information is posted.

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11begin insert

begin insertSEC. 2.end insert  

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The Legislature finds and declares that Section 1 of
12this act, which amends Section 6253 of the Government Code,
13imposes a limitation on the public’s right of access to the meetings
14of public bodies or the writings of public officials and agencies
15within the meaning of Section 3 of Article I of the California
16Constitution. Pursuant to that constitutional provision, the
17Legislature makes the following findings to demonstrate the interest
18protected by this limitation and the need for protecting that
19interest:

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20The state has a very strong interest in ensuring both the
21transparency of, and efficient use of limited resources by, public
22agencies. In order to protect this interest, it is necessary to allow
23public agencies that have already increased the public’s access
24to public records by posting public records on the public agencies’
25Internet Web sites to refer requests for posted public records to
26these Internet Web sites.

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27begin insert

begin insertSEC. 3.end insert  

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begin insert

No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district under this act would result from a legislative mandate that
31is within the scope of paragraph (7) of subdivision (b) of Section
323 of Article I of the California Constitution.

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33

SECTION 1.  

It is the intent of the Legislature to subsequently
34amend this bill to include provisions that would clarify that the
35term “public record,” for purposes of the California Public Records
36Act, includes those writings kept on the private cellular phone or
37other electronic device of an elected official, official, or employee
38or a public agency if those records relate to the public’s business.

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