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 tobegin insert firstend insert 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 6253 of the Government Code is amended
2to read:
(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
13available to any person upon payment
of fees covering direct costs
14of duplication, or a statutory fee if applicable. Upon request, an
15exact copy shall be provided unless impracticable to do so.
16(c) Each agency, upon a request for a copy of records, shall,
17within 10 days from receipt of the request, determine whether the
18request, in whole or in part, seeks copies of disclosable public
19records in the possession of the agency and shall promptly notify
20the person making the request of the determination and the reasons
21therefor. In unusual circumstances, the time limit prescribed in
22this section may be extended by written notice by the head of the
23agency or his or her designee to the person making the request,
P3 1setting forth the reasons for the extension and the date on which
2a determination is expected to be dispatched. No notice shall
3specify a date that would result in an extension for
more than 14
4days. When the agency dispatches the determination, and if the
5agency determines that the request seeks disclosable public records,
6the agency shall state the estimated date and time when the records
7will be made available. As used in this section, “unusual
8circumstances” means the following, but only to the extent
9reasonably necessary to the proper processing of the particular
10request:
11(1) The need to search for and collect the requested records
12from field facilities or other establishments that are separate from
13the office processing the request.
14(2) The need to search for, collect, and appropriately examine
15a voluminous amount of separate and distinct records that are
16demanded in a single request.
17(3) The need for consultation, which shall be conducted with
18all practicable speed, with another agency having substantial
19interest in the determination of the request or among two or more
20components of the agency having substantial subject matter interest
21therein.
22(4) The need to compile data, to write programming language
23or a computer program, or to construct a computer report to extract
24data.
25(d) Nothing in this chapter shall be construed to permit an
26agency to delay or obstruct the inspection or copying of public
27records. The notification of denial of any request for records
28required by Section 6255 shall set forth the names and titles or
29positions of each person responsible for the denial.
30(e) Except as otherwise prohibited by law, a state or local agency
31may adopt requirements for itself that allow for faster, more
32efficient, or greater access to records than prescribed by the
33minimum standards set forth in this chapter.
34(f) Notwithstanding subdivisions (a) through (e), inclusive, if
35a person requests a public record under this act that the public
36agency has posted on the public agency’s Internet Web site, the
37public agency may comply with the requirements of this act by
38referring that person to public agency’s Internet Web site where
39the information is posted.
P4 1
(f) A public agency may comply with subdivision (a) by posting
2any public record on its Internet Web site and, in response to a
3request for a public record listed on the Internet Web site, referring
4the person to that Internet Web site where the public record is
5posted. However, if after the agency refers the person to the
6Internet Web site, the person requesting the record requests a copy
7of the record due to an inability to access or reproduce the public
8record from the Internet Web site, the agency shall, within 10 days,
9prepare a copy of the public record pursuant to subdivision (b),
10and promptly notify the person of the availability of the public
11record.
The Legislature finds and declares that Section 1 of
13this act, which amends Section 6253 of the Government Code,
14imposes a limitation on the public’s right of access to the meetings
15of public bodies or the writings of public officials and agencies
16within the meaning of Section 3 of Article I of the California
17Constitution. Pursuant to that constitutional provision, the
18Legislature makes the following findings to demonstrate the interest
19protected by this limitation and the need for protecting that interest:
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 to
24public records by posting public records on the public agencies’
25Internet Web sites to refer requests for posted public records to
26these Internet Web sites.
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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