BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2853|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 2853
Author: Gatto (D)
Amended: 6/16/16 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 6/14/16
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for
vote
SUBJECT: Public records
SOURCE: Author
DIGEST: This bill authorizes 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 requires, 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.
ANALYSIS:
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Existing law:
1)Declares, pursuant to the California Constitution, the
people's right to transparency in government. ("The people
have the right of access to information concerning the conduct
of the people's business, and therefore, the meetings of
public bodies and the writings of public officials and
agencies shall be open to public scrutiny....") (Cal. Const.,
art. I, Sec. 3.)
2)Governs, under the California Public Records Act (CPRA),the
disclosure of information collected and maintained by public
agencies. (Gov. Code Sec. 6250 et seq.) Generally, all
public records are accessible to the public upon request,
unless the record requested is exempt from public disclosure.
There are 30 general categories of documents or information
that are exempt from disclosure, essentially due to the
character of the information, and unless it is shown that the
public's interest in disclosure outweighs the public's
interest in non-disclosure of the information, the exempt
information may be withheld by the public agency with custody
of the information. (Gov. Code Sec. 6254.)
3)Permits except as otherwise prohibited by law, a state or
local agency to adopt requirements for itself that allow for
faster, more efficient, or greater access to records than
prescribed by the minimum standards set forth in the CPRA.
(Gov. Code Sec. 6253 (d).)
4)Requires an agency to provide reasonable assistance to the
person making the request by helping to identify records and
information relevant to the request and suggesting ways to
overcome any practical basis for denying access. (Gov. Code
Sec. 6253.1.)
5)Provides that 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 specified. Any reasonably segregable portion of a record
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shall be available for inspection by any person requesting the
record after deletion of the portions that are exempted by
law. (Gov. Code Sec. 6253(a).)
This bill:
1)Authorizes a public agency, in addition to maintaining public
records for public inspection during the office hours of the
public agency, to comply with the CPRA by posting any public
record on its Internet Web site.
2)Requires, in response to a request for a public record listed
posted on the Internet Web site, the public agency to direct 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.
3)Makes findings, as required by the Constitution of California,
indicating that this bill is necessary to protect the public's
interest in ensuring both the transparency of, and efficient
use of limited resources by, public agencies.
Background
The CPRA, enacted in 1968, requires public disclosure of public
agency documents. The CPRA gives every person the right to
inspect and obtain copies of all state and local government
documents not exempt from disclosure. (Gov. Code Sec. 6253.)
In recognition of the increased reliance by public agencies on
electronic documents, the Legislature enacted AB 2799 (Shelley,
Chapter 982, Statutes of 2000), which, among other things,
required public agencies, upon request, to disclose electronic
records in an electronic format in which the agency held
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information or in a format that had been used by the agency to
create copies for its own use or for other public agencies.
Since 2000, computer technology has advanced to provide open
format software whereby electronic documents created and
maintained by public agencies can be searched, indexed, and
redacted electronically. In 2009, in order to increase
government agency accountability, promote informed public
participation, and create economic opportunity through expanding
access to information online in open formats, the United States
Director of the Office of Management and Budget issued an Open
Government Directive to federal government agencies. (Peter R.
Orszag, Director, Executive Office of the President, Office of
Management and Budget, Memorandum for the Heads of Executive
Departments and Agencies, Open Government Directive, Dec. 8,
2009, p. 2.) This Directive provided guidelines to public
agencies responding to public requests under the Freedom of
Information Act and instructed federal government agencies to
"publish information online in an open format that can be
retrieved, downloaded, indexed, and searched by commonly used
web search applications." (Id.)
In 2013, President Obama signed Executive Order No. 13642, which
established the Open Data Policy and required all newly
generated government data to be made available in open,
machine-readable formats in order to "promote continued job
growth, Government efficiency, and the social good that can be
gained from opening Government data to the public." (Exec.
Order No. 13642, 78 Fed.Reg. 28111 (May 9, 2013).) This bill,
in addition to maintaining records for public inspection during
normal business hours, expressly authorizes a public agency's
ability to comply with the CPRA by posting any public record on
its Internet Web site and, in response to a request for a public
record listed on the Internet Web site, directing the person to
the location on the Internet Web site where the public record is
posted.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
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SUPPORT: (Verified8/2/16)
Association of California School Administrators
Association of California Water Agencies
California Special Districts Association
City of Fountain Valley
City of Lakewood
City of Visalia
Glendale Unified School District
League of California Cities
Orange County Department of Education
Riverside County Superintendent of Schools
Ventura Council of Governments
OPPOSITION: (Verified8/2/16)
American Civil Liberties Union of California
Electronic Frontier Foundation
ARGUMENTS IN SUPPORT: In support, the California Special
Districts Association writes:
AB 2853 provides an additional transparency tool to local
agencies. By allowing local agencies to meet the requirements
of the [C]PRA by posting records on their website, AB 2853
promotes open government while reducing the costs on agencies
associated with [C]PRA compliance. AB 2853 takes a common
sense approach to providing members of the public with the
public documents they are requesting, promotes greater
transparency, and preserves valuable local agency resources
that can be dedicated to proving additional services to the
public.
ARGUMENTS IN OPPOSITION: The American Civil Liberties Union
of California, in opposition, writes, "this legislation could
potentially limit the ability of vulnerable populations to
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access records. Many people still do not have access to
computers, the Internet, or printers due to economic hardship.
Some requestors may also be prohibited from accessing computers
due to imprisonment or terms of probation. For these
individuals, a link to a website would be no better than denying
them records. Additionally, many people with certain medical
conditions would benefit from a paper copy. A person with a
visual impairment may have an easier time finding someone to
read to them from a paper record rather than arranging time to
share a computer. Individuals with learning disabilities, such
as dyslexia, are able to process text best if they can make
notes on the record."
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,
Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer
Prepared by:Nichole Rapier / JUD. / (916) 651-4113
8/3/16 19:40:19
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