Amended in Senate April 3, 2014

Senate Bill No. 1337

Introduced by Senator DeSaulnier

February 21, 2014

An act to begin delete add Sections 6253.11 and 6253.12 to end delete begin insert amend Sections 6253 and 6253.9 of, and to add Section 7550.7 to, end insert the Government Code, relating to begin delete public records. end delete begin insert state government. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1337, as amended, DeSaulnier. Public begin delete records: electronic copies and media requests. end delete begin insert records and reports. end insert

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The

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begin insert (1) end insert begin insert   end insert begin insert The end insert 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. begin insert Existing law requires a state or local agency to follow certain procedures with respect to electronic copies of public records and does not require a state or local agency to reconstruct a record in an electronic format if the agency no longer has the record available in an electronic format. Existing law requires a state or local agency to determine whether a request seeks copies of disclosable public records in the possession of the agency within 10 days from the receipt of the request, except as specified. end insert

This bill would require a state begin delete or local end delete agency to provide an electronic copy of a public record begin insert created on or after January 1, 2016, end insert when the public record is made available in response to a request. begin delete 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. end delete begin insert This bill would also require, beginning January 1, 2016, a state agency to provide a public record as soon as possible and no later than 30 days of the date that the agency has determined that a request is for a disclosable public record in the possession of the agency. end insert

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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.

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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.

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(2) Existing law generally sets out the requirements for the submission of written reports by public agencies to the Legislature, the Governor, the Controller, and state legislative and other executive entities.

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This bill would require a written report, as defined, submitted by any state agency or department to the Legislature, a Member of the Legislature, or any state legislative or executive body to include a signed statement by the head of the agency or department declaring that the factual contents of the written report are true, accurate, and complete to the best of his or her knowledge.

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This bill would also make any person who declares as true any material matter pursuant to these provisions that he or she knows to be false liable for a civil penalty not to exceed $20,000.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 6253 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

6253.  

(a) Public records are 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 hereafter
provided. Any reasonably segregable portion of a record shall be
available for inspection by any person requesting the record after
deletion of the portions that are exempted by law.

(b) Except with respect to public records exempt from disclosure
by express provisions of law begin insert and as provided in subdivision (e) end insert ,
each state or local agency, upon a request for a copy of records
that reasonably describes an identifiable record or records, shall
make the records promptly available to any person upon payment
of fees covering direct costs of duplication, or a statutory fee if
applicable. Upon request, an exact copy shall be provided unless
impracticable to do so.

(c) Each agency, upon a request for a copy of records, shall,
within 10 days from receipt of the request, determine whether the
request, in whole or in part, seeks copies of disclosable public
records in the possession of the agency and shall promptly notify
the person making the request of the determination and the reasons
therefor. In unusual circumstances, the time limit prescribed in
this section may be extended by written notice by the head of the
agency or his or her designee to the person making the request,
setting forth the reasons for the extension and the date on which
a determination is expected to be dispatched. No notice shall
specify a date that would result in an extension for more than 14
days. When the agency dispatches the determination, and if the
agency determines that the request seeks disclosable public records,
the agency shall state the estimated date and time when the records
will be made available. As used in this section, “unusual
circumstances” means the following, but only to the extent
reasonably necessary to the proper processing of the particular
request:

(1) The need to search for and collect the requested records
from field facilities or other establishments that are separate from
the office processing the request.

(2) The need to search for, collect, and appropriately examine
a voluminous amount of separate and distinct records that are
demanded in a single request.

(3) The need for consultation, which shall be conducted with
all practicable speed, with another agency having substantial
interest in the determination of the request or among two or more
components of the agency having substantial subject matter interest
therein.

(4) The need to compile data, to write programming language
or a computer program, or to construct a computer report to extract
data.

(d)  begin delete Nothing in this end delete begin insert This end insert chapter shall begin insert not end insert be construed to permit
an agency to delay or obstruct the inspection or copying of public
records. The notification of denial of any request for records
required by Section 6255 shall set forth the names and titles or
positions of each person responsible for the denial.

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(e) Beginning January 1, 2016, once a state agency has
determined that a request is for a disclosable public record in the
possession of the state agency pursuant to subdivision (c), the state
agency shall provide the requested public record as soon as
possible and no later than 30 days of determining that a record is
disclosable.

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(e)

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begin insert (f) end insert  Except as otherwise prohibited by law, a state or local agency
may adopt requirements for itself that allow for faster, more
efficient, or greater access to records than prescribed by the
minimum standards set forth in this chapter.

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begin insert SEC. 2. end insert   

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begin insert Section 6253.9 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

6253.9.  

(a) Unless otherwise prohibited by law, any agency
that has information that constitutes an identifiable public record
not exempt from disclosure pursuant to this chapter that is in an
electronic format shall make that information available in an
electronic format when requested by any person and, when
applicable, shall comply with the following:

(1) The agency shall make the information available in any
electronic format in which it holds the information.

(2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies. The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.

(b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of
programming and computer services necessary to produce a copy
of the record when either of the following applies:

(1) In order to comply with the provisions of subdivision (a),
the public agency would be required to produce a copy of an
electronic record and the record is one that is produced only at
otherwise regularly scheduled intervals.

(2) The request would require data compilation, extraction, or
programming to produce the record.

(c)  begin delete Nothing in end delete begin insert Except as may be required by subdivision (h), end insert
this section shall begin insert not end insert be construed to require the public agency to
reconstruct a record in an electronic format if the agency no longer
has the record available in an electronic format.

(d) If the request is for information in other than electronic
format, and the information also is in electronic format, the agency
may inform the requester that the information is available in
electronic format.

(e) Nothing in this section shall be construed to permit an agency
to make information available only in an electronic format.

(f) Nothing in this section shall be construed to require the public
agency to release an electronic record in the electronic form in
which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of
any proprietary software in which it is maintained.

(g) Nothing in this section shall be construed to permit public
access to records held by any agency to which access is otherwise
restricted by statute.

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(h) A state agency shall provide an electronic copy of a public
record when the public record is made available in response to a
request. This subdivision shall only apply to a public record
created on or after January 1, 2016.

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begin insert SEC. 3. end insert   

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begin insert Section 7550.7 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

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begin insert 7550.7. end insert   

(a) (1) Notwithstanding any other law, a written report
submitted to the Legislature, a Member of the Legislature, or any
state legislative or executive body by any state agency or
department shall include a signed statement by the head of that
agency or department declaring that the factual contents of the
report are true, accurate, and complete to the best of his or her
knowledge.

(2) With respect to the Franchise Tax Board, the signed
statement described in paragraph (1) shall be made by the
executive officer of that board, and with respect to the State Board
of Equalization, the statement shall be made by the executive
director of that board.

(b) Paragraph (1) of subdivision (a) shall apply to the head of
every state agency or department, including, but not limited to,
elected officials of state government, and any state official whose
duties are prescribed by the California Constitution.

(c) For purposes of this section, a “written report” is either of
the following:

(1) A document required by statute to be prepared and submitted
to the Legislature, or any state legislative or executive body.

(2) A document, summary, or statement requested by a Member
of the Legislature.

(d) The declaration in the signed statement as to the truth,
accuracy, and completeness of the factual contents of the written
report shall not apply to any forecasts, predictions,
recommendations, or opinions contained in the written report.

(e) Any person who declares as true any material matter
pursuant to this section that he or she knows to be false shall be
liable for a civil penalty not to exceed twenty thousand dollars
($20,000). The civil penalties provided for in this section shall be
exclusively assessed and recovered in a civil action brought in the
name of the people of the State of California in any court of
competent jurisdiction by the Attorney General.

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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.

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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.

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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.

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