BILL NUMBER: AB 2853 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2016
AMENDED IN ASSEMBLY APRIL 13, 2016
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
(1) The California Public Records
Act requires state and local agencies a
public agency, defined to mean any state or local agency, to
make their its public records available
for public inspection and to make copies available upon request and
payment of a fee unless the public records are exempt from
disclosure. The act prohibits limitations on access to a public
record based upon the purpose for which the public 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
agencies, except school districts, 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 first refer a
person member of the public 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. 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.
Existing
(2) 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.
(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.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
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) A In addition to maintaining public
records for public inspection during the office hours of the public
agency, a 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 listed
posted on the Internet Web site, referring the person
to that directing a member of the public to the
location on the Internet Web site where the public record is
posted. However, if after the public agency
refers the person directs a member of the public
to the Internet Web site, the person member
of the public requesting the public
record requests a copy of the public record due to an
inability to access or reproduce the public record from the Internet
Web site, the public agency shall, within 10
days, prepare shall promptly provide a copy of
the public record pursuant to subdivision (b), and promptly
notify the person of the availability of the public record.
(b).
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.
SEC. 3. 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:
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.