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