BILL ANALYSIS
SB 143
Page 1
Date of Hearing: June 30, 1998
ASSEMBLY COMMITTEE ON JUDICIARY
Martha Escutia, Chair
SB 143 (Kopp) - As Amended: June 24, 1998
SUBJECT : PUBLIC RECORDS ACT
KEY ISSUE : SHOULD VARIOUS CHANGES BE MADE TO THE PUBLIC RECORDS
ACT?
SUMMARY : Makes various changes to the California Public Records
Act. Specifically, this bill , among other things:
1) Creates a statutory index of existing laws which currently
provide exemptions from disclosure under the Public records
Act. The bill also sets forth legislative intent that each
addition or amendment to a statute that exempts any information
contained in a public record from disclosure be included in the
index created by this bill.
2) Clarifies that public officials are entitled to access public
records on the same basis as any other person.
3) Clarifies that the right to bring an action to enforce a
person's right to inspect or receive a copy of a public record
is available only to a person who has submitted a written
request for a public record which has been denied, or which the
public agency has failed to respond to in a timely manner.
EXISTING LAW :
1) Provides that any person has a right to inspect public records,
and provides that public records shall be open to inspection at
all times during the office hours of the state or local agency
holding the records. (Government Code section 6253. All
further references are to this code unless otherwise noted.)
2) Defines public record as any writing containing information
relating to the conduct of the public's business prepared,
owned, used, or retained by any state or local agency.
(Section 6252.)
3) Enumerates various writings which are exempt from the
disclosure requirement, including: preliminary drafts, notes,
or interagency memoranda that are not retained by the public
agency in the ordinary course of business; records pertaining
to pending litigation to which the public agency is a party;
personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy;
and correspondence of and to the Governor or employees of the
Governor's office. (Section 6254.)
4) Authorizes any person to institute proceedings for injunctive
SB 143
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or declarative relief to enforce his or her right to inspect or
receive a copy of public records. (Section 6258.)
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this non-controversial bill is
necessary to reorganize existing law relating to the inspection
and copying of public records and to make some necessary technical
clarifications. The bill also creates an index of public records
which are exempt from disclosure. The author notes that "there
are hundreds of exemptions from the CPRA [Public Records Act]
requirement that the public be allowed to inspect public records.
A few exemptions are contained within the Act itself, but most are
scattered throughout the body of state and federal laws."
The author recognizes that there are some inadvertent errors in
the list of code sections in the index of records exempt from
disclosure. The author intends to work with Legislative Counsel
to correct any errors in the index of exempt records as this bill
moves through the process.
REGISTERED SUPPORT / OPPOSITION :
Support Opposition
CA Newspaper Publishers Assn. None on file
(Sponsor)
State Bar, Committee on Administration
of Justice
Analysis prepared by : Donna S. Hershkowitz / ajud / (916)
319-2334