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  
                                                         Page 2

   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