BILL ANALYSIS                                                                                                                                                                                                    



                                                          SB 143  
                                                         Page 1

SENATE THIRD READING
SB 143 (Kopp)
As Amended July 21, 1998
Majority vote  
                                                   
  SENATE VOTE  :  30-5

  GOVERNMENTAL ORGANIZATION13-2     JUDICIARY     16-0             

Ayes: Brown, Margett, Baca,   Ayes: Escutia, Morrow, Alby, Aroner,
      Battin, Bordonaro,            Baugh, Figueroa, Honda,  
Kaloogian,
      Bustamante, Cardoza,          Keeley, Knox, Kuehl, Martinez,
      Ducheny, Floyd, Honda,        McClintock, Ortiz, Pacheco,     
  Lempert, Vincent, Mazzoni         Shelley                      

Nays: Brewer, Granlund        

  APPROPRIATIONS          21-0                                     

Ayes:  Migden, Ashburn, Ackerman, Runner,
       Baca, Brewer, Cardenas, Escutia,
       Granlund, Hertzberg, Kuehl,  Machado, Olberg, Keeley,        
       
       Poochigian, Shelley, Strom-Martin,
       Sweeney, Thompson, Thomson, Lempert

  SUMMARY  :  Makes various changes to the California Public Records  
Act (Act) including establishing an index of public records within  
the Act itself that are exempt from disclosure under current law  
that are contained in various other codes.  Specifically,  this  
bill  :  

1) 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.  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.  

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 (DTSC) and the  
   Office of Environmental Health Hazard Assessment (OEHHA) to the  
   list of state and local bodies required to establish written  
   guidelines for accessibility of records.

4) Clarifies that an agency has 10 days to determine whether a  
   requested record is disclosable, and allows for an extension of  











                                                          SB 143  
                                                         Page 2

   14 days, instead of 10 working days in current law.

5) Redefines, for the purposes of the Act, "local agency" to  
   include nonprofit 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.

6) Recodifies and consolidates various provisions of the Act.

  EXISTING LAW  requires:  

1) Through the 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) Certain state and local bodies to establish written guidelines  
   for accessibility of records.                            
 
  FISCAL EFFECT  :  According to the Assembly Appropriations  
Committee, minor absorbable costs to DTSC and OEHHA to establish  
written accessibility guidelines.

  COMMENTS  :  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 within the Act which are exempt from  
disclosure under current law.


  Analysis prepared by  :  Scott Bain / ago / (916) 319-2531


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