BILL NUMBER: AB 2853	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 15, 2016
	PASSED THE ASSEMBLY  AUGUST 22, 2016
	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, Gatto. Public records.
   (1) The California Public Records Act requires a public agency,
defined to mean any state or local agency, to make 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 public record is otherwise subject to disclosure,
authorizes public agencies to adopt requirements that allow for
faster, more efficient, or greater access to public records, and
requires local 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 refer a member of the public that
requests to inspect 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.
   (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.
   (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.


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) 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 posted on the Internet Web site, 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 directs a
member of the public to the Internet Web site, the 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 promptly provide
a copy of the public record pursuant to subdivision (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.  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.