Amended in Senate June 16, 2016

Amended in Assembly April 13, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2853

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.

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The

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begin insert (1) end insert begin insert   end insert begin insert The end insert California Public Records Act requires begin delete state and local agencies end delete begin insert a public agency, defined to mean any state or local agency, end insert to make begin delete their end delete begin insert its public end insert records available for public inspection and to make copies available upon request and payment of a fee unless the begin insert public end insert records are exempt from disclosure. The act prohibits limitations on access to a public record based upon the purpose for which the begin insert public end insert record is being requested if the record is otherwise subject to disclosure, authorizes public agencies to adopt requirements begin delete for themselves end delete that allow for faster, more efficient, or greater access to records, and requires local begin delete agencies end delete begin insert agencies, except school districts, end insert 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 begin delete first end delete refer a begin delete person end delete begin insert member of the public end insert that requests to inspect begin delete or obtain a copy of end delete the public record to the public agency’s Internet Web site where the public record is posted. begin insert This bill would require, if a member of the public requests a copy of the public record due to an inability to access or reproduce the public record from the Internet Web site where the public record is posted, the public agency to promptly provide a copy of the public record to the member of the public, as specified. end insert

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Existing

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begin insert (2) end insert begin insert   end insert begin insert Existing end insert 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.

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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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(3)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.

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This bill would make legislative findings to that effect.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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)  begin delete A end delete begin insert In addition to maintaining public records for public
inspection during the office hours of the public agency, a end insert public
agency may comply with subdivision (a) by posting any public
record on its Internet Web site and, in response to a request for a
public record begin delete listed end delete begin insert posted end insert on the Internet Web site, begin delete referring the
person to that end delete begin insert directing a member of the public to the location on
the end insert Internet Web site where the public record is posted. However,
if after the begin insert public end insert agency begin delete refers the person end delete begin insert directs a member of the
public end insert to the Internet Web site, the begin delete person end delete begin insert member of the public end insert
requesting the begin insert end insert begin insert public end insert record requests a copy of the begin insert public end insert record
due to an inability to access or reproduce the public record from
the Internet Web site, the begin insert public end insert agency begin delete shall, within 10 days,
prepare end delete begin insert shall promptly provide end insert a copy of the public record pursuant
to subdivision begin delete (b), and promptly notify the person of the availability
of the public record. end delete begin insert (b). end insert

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.

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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.

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begin insert SEC. end insert begin insert 3. end insert   

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The Legislature finds and declares that Section 1 of
this act, which amends Section 6253 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:

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Since this act would authorize local agencies to make disclosures
of public records by posting the public records on their Internet
Web sites, thus making public record disclosures by local agencies
more quickly and cost effectively, this act furthers the purpose of
Section 3 of Article I of the California Constitution.

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