BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2853


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          Date of Hearing:  May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2853 (Gatto) - As Amended April 13, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill:


          1)Allows a public agency to comply with certain disclosure  
            requirements under the California Public Records Act (CPRA) by  
            posting any public record on its website and, in response to a  
            request for a public record available on the website,  








                                                                    AB 2853


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            referring the requester to the website.


          2)Stipulates that, after the agency refers the requester to the  
            website per (1), if the person asks for a copy of any such  
            public record, due to an inability to access or reproduce the  
            public records from the website, the agency shall, within 10  
            days prepare a copy of the public record, at the requester's  
            expense, and promptly notify the requester of the availability  
            of the public record.


          FISCAL EFFECT:


          Potential savings to state and local agencies to the extent they  
          are able to fulfill PRA requests by referring requestors to an  
          agency website for the appropriate document(s).


          COMMENTS:


          Purpose. This bill responds to what the author sees as an abuse  
          of the CPRA by private companies.  These companies make public  
          record requests that require public agencies - especially  
          educational agencies and local school districts - to retrieve,  
          assemble, and provide information that the private companies  
          then sell to data brokers for targeted marketing purposes or to  
          market their own products. The author maintains that these  
          private, for-profit businesses are exploiting the CPRA,  
          effectively using school district personnel and resources to  
          find, retrieve, and assemble information to profit the company.


          Under CPRA, public agencies must reply to a public record  
          request within ten days, which entails not only physically  
          retrieving the records but also reviewing them to determine  
          which, if any, exemptions apply, or if any other statutes  








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          prohibit their disclosure.  In addition, the agency must make  
          reasonable efforts to help the person making the request  
          identify responsive documents and assist the person in refining  
          the request so as to avoid a denial. If the agency withholds any  
          requested documents, or parts thereof, the agency must justify  
          the withholding by demonstrating that the records in question  
          are subject to an express exemption or that the public interest  
          in confidentiality clearly outweighs the public interest in  
          disclosure.  If the request was made in writing, the response  
          justifying the denial must also be writing.


          According to the author, it would be much more efficient and  
          cost-effective to post disclosable records online where a member  
          of the public could access and download the documents without  
          making a formal request and without requiring the agency to run  
          through the required responses to a request.  


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081