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  
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   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