Amended in Senate April 21, 2014

Amended in Senate April 3, 2014

Senate Bill No. 1337

Introduced by Senator DeSaulnier

February 21, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

SB 1337, as amended, DeSaulnier. Public records and reports.

(1) 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. begin delete 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. end delete 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.

This begin delete bill would require a state agency to provide an electronic copy of a public record created on or after January 1, 2016, when the public record is made available in response to a request. This end delete bill would begin delete also end delete require begin delete , beginning January 1, 2016, end delete a state agency to provide a public record begin delete as soon as possible and no later than end delete begin insert within end insert 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 begin insert , except in unusual circumstances, as provided end insert .

(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.

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.

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.

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

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

SECTION 1.  

Section 6253 of the Government Code is amended
to read:

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 and as provided in subdivision (e),
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 begin insert in accordance with subdivision (d) end insert . 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.

begin insert

(d) 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 promptly provide
the requested public record, and the state agency shall not provide
the requested public record later than 30 days after the
determination. In unusual circumstances, as defined in subdivision
(c), the head of the state agency or his or her designee may extend
the time limit prescribed in this subdivision by providing written
notice to the person making the request that sets forth the reasons
for the extension and the date on which the state agency expects
to provide the disclosable public record. The notice shall not
specify a date that would result in an extension of more than 14
days.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  This chapter shall not 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.

begin delete

(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.

end delete

(f) 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.

begin delete

SEC. 2.  

Section 6253.9 of the Government Code is amended
to read:

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) Except as may be required by subdivision (h), this section
shall not 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.

(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.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 7550.7 is added to the Government Code, to
read:

7550.7.  

(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.