BILL ANALYSIS
SB 143
Page 1
Date of Hearing: June 22, 1998
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Valerie Brown, Chair
SB 143 (Kopp) - As Amended: June 17, 1998
SENATE VOTE : 30-5
SUBJECT : Records
SUMMARY : Makes various changes to the California Public Records
Act. Specifically, this bill :
1) Redefines, for the purposes of the Public Records Act (the
Act), "local agency" to include nonprofit organizations or
entities that are legislative bodies of a local agency, as
defined, and defines, for purposes of the Act, "public agency"
as any state or local agency.
2) States that an elected member or officer of any state or local
agency is entitled to access to public records of that agency
on the same basis as any other person, and states this is
declaratory of existing law.
3) Adds the Department of Toxic Substance Control and the Office
of Environmental Health Hazard Assessment to the list of state
and local bodies required to establish written guidelines for
accessibility of records.
4) Repeals existing law stating any person may receive a copy of
any identifiable record or copy thereof. Repeals existing law
requiring state or local agencies, upon request for a copy of
records, to provide information produced from a record. This
bill and current law require state or local agencies, upon
request for a copy of records that reasonably describes an
identifiable record or records, to make the records promptly
available to any person upon payment of fees, as specified.
5) Clarifies that an agency has 10 days to determine whether a
requested record is disclosable, and allows for an extension of
14 days, instead of 10 working days in current law.
6) Requires a request to inspect or to receive a copy of a public
record be made in writing before a court proceeding may be
instituted to enforce the person's right to inspect or receive
a copy of a public record.
7) States legislative intent to assist members of the public and
state and local agencies in identifying exemptions to the Act,
and states legislative intent that any new exemptions be listed
in the Act. Creates an index of public records within the Act
itself that are exempt from disclosure under current law that
are contained in various other codes.
8) Requires, if the Commission on State Mandates determines that
SB 143
Page 2
this bill contains costs mandated by the state, reimbursement
to local agencies and schools. If the statewide cost of the
claim for reimbursement does not exceed $1 million,
reimbursement is required to be made from the State
Mandates Claims Fund.
EXISTING LAW :
1) Requires, through the California Public Records Act, public
records to be 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 provided.
2) Requires certain state and local bodies to establish written
guidelines for accessibility of records.
3) Permits any person to institute court proceedings to enforce
his/her right to inspect or receive a copy of any public record
under the Act.
FISCAL EFFECT :
Undetermined
COMMENTS :
1) Need for bill . According to the author, this bill reorganizes
current law by consolidating several provisions of existing law
relating to the right to inspect and copy public records, and
creates an index of public records which are exempt from
disclosure under current law. Additionally, this bill clarifies
that an agency has 10 days to determine whether the requested
record is disclosable, and allows for an extension of 14 days,
instead of 10 working days in current law; requires a public
records request be in writing prior to a court proceeding to
enforce inspection and copying rights under the Act; states that
an elected member or officer of any state or local agency is
entitled to access to public records of that agency on the same
basis as any other person; and revises the definition of "local
agency" to conform with the Ralph M. Brown Act.
2) State Departments . The Department of Industrial Relations
(DIR) writes in opposition to the previous version of this bill,
objecting to the provision requiring state agencies to provide a
copy of an electronic record in the form requested. The most
recent amendments delete this provision from the bill and may
address DIR's concern. Additionally, the Department of Motor
Vehicles (DMV) writes that it has technical and operational
problems with the prior version of this bill, and has suggested
amendments. Recent amendments may have addressed the DMV's
concerns, although it is unclear at the time of this writing.
3) Drafting Concerns . The change to the definition of "local
agency" made by this bill might be construed to require
non-profits to be subject to the Public Records Act; an amendment
may be needed to clarify that the bill applies to nonprofit
SB 143
Page 3
organizations that are legislative bodies of a local agency, as
specified. Additionally, some of the code sections listed in the
index of codes this bill establishes no longer exist.
REGISTERED SUPPORT / OPPOSITION :
Support
California Newspaper Publishers Association
Committee on Administration of Justice of the State Bar (prior
version)
Opposition
Department of Industrial Relations (prior version)
Analysis prepared by : Scott Bain / ago / (916) 319-2531