BILL NUMBER: AB 2853 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Gatto
FEBRUARY 19, 2016
An act to amend Section 6253 of the Government Code,
relating to public records.
LEGISLATIVE COUNSEL'S DIGEST
AB 2853, as amended, Gatto. Public records.
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.
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.
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.
This bill would make legislative findings to that effect.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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, 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 chapter shall 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) 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.
(f) Notwithstanding subdivisions (a) through (e), inclusive, if a
person requests a public record under this act that the public agency
has posted on the public agency's Internet Web site, the public
agency may comply with the requirements of this act by referring that
person to public agency's Internet Web site where the information is
posted.
SEC. 2. The Legislature finds and declares that
Section 1 of this act, which amends Section 6253 of the Government
Code, imposes a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
The state has a very strong interest in ensuring both the
transparency of, and efficient use of limited resources by, public
agencies. In order to protect this interest, it is necessary to allow
public agencies that have already increased the public's access to
public records by posting public records on the public agencies'
Internet Web sites to refer requests for posted public records to
these Internet Web sites.
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.
SECTION 1. It is the intent of the Legislature
to subsequently amend this bill to include provisions that would
clarify that the term "public record," for purposes of the California
Public Records 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.