Senate Bill No. 1337

Introduced by Senator DeSaulnier

February 21, 2014

An act to add Sections 6253.11 and 6253.12 to the Government Code, relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

SB 1337, as introduced, DeSaulnier. Public records: electronic copies and media requests.

The California Public Records Act requires every state or local agency to make public records open to inspection at all times during regular office hours and provides that every person has a right to inspect any public record, except as specified.

This bill would require a state or local agency to provide an electronic copy of a public record when the public record is made available in response to a request. This bill would require a state or local agency to respond to a request for public records from a member of the press, as defined, within 14 days. By imposing additional duties upon local agencies in making public records available for inspection, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 6253.11 is added to the Government
Code, to read:

6253.11.  

A public agency shall provide an electronic copy of
a public record when the public record is made available in
response to a request.

SEC. 2.  

Section 6253.12 is added to the Government Code, to
read:

6253.12.  

(a) A public agency shall respond to a request for
public records from a member of the press within 14 days.

(b) For the purposes of this section, “member of the press”
means a person engaged in the regular gathering, preparing,
collecting, photographing, recording, writing, editing, reporting,
or publishing of information that concerns local, national, or
international events or other matters of public interest for
dissemination to the public.

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.