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
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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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040809