Bill Text: CA AB1520 | 2015-2016 | Regular Session | Amended

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Bill Title: Public Records.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB1520 Detail]

Download: California-2015-AB1520-Amended.html

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BILL NUMBER: AB 1520	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 4, 2016
	AMENDED IN SENATE  JULY 2, 2015
	AMENDED IN SENATE  JUNE 23, 2015

INTRODUCED BY    Committee on Judiciary   (
  Assembly Members Mark Stone (Chair), Alejo, Chau,
Chiu, Cristina Garcia, and Holden   )  
Assembly   Members   Mark Stone,   Chau,
  Chiu,   Cristina Garcia,   and Holden


                        MARCH 10, 2015

   An act to amend Section 6254.16 of the Government Code, relating
to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1520, as amended,  Committee on Judiciary 
 Mark Stone  . Public Records.
   The California Public Records Act requires that public records, as
defined, be open to inspection at all times during the office hours
of a state or local agency and that every person has a right to
inspect any public record, with specified exceptions. Existing law
provides that the act shall not be construed to require the
disclosure of specified information concerning utility customers of
local agencies, except for certain purposes.
   This bill  would, instead, provide that the act shall not
be construed to require the disclosure of specified information
concerning residential utility customers of local agencies. 
 would remove requests for usage rates of   industrial,
institutional, and commercial water users from that exception to
required disclosure.  By increasing the duties of local
officials, the bill would impose a state-mandated local program.
   The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.
   This bill would make legislative findings to that effect.
   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 no reimbursement is required by this
act for a specified reason.
   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 6254.16 of the Government Code is amended to
read:
   6254.16.   (a)    Nothing in this chapter shall
be construed to require the disclosure of the names, credit
histories, utility usage data, home addresses, or telephone numbers
of  residential  utility customers of local 
agencies, except that   agencies. 
    (b)     Notwithstanding subdivision (a),
 disclosure of the names, utility usage data, and home addresses
of  residential  utility customers of local
agencies shall be made available upon request as follows: 
   (a) 
    (1)  To an agent or authorized family member of the
person to whom the information pertains. 
   (b) 
    (2)  To an officer or employee of another governmental
agency when necessary for the performance of its official duties.

   (c) 
    (3)  Upon court order or the request of a law
enforcement agency relative to an ongoing investigation. 
   (d) 
    (4)  Upon determination by the local agency that the
 residential  utility customer who is the subject of
the request has used utility services in a manner inconsistent with
applicable local utility usage policies. 
   (e) 
    (5)  Upon determination by the local agency that the
 residential  utility customer who is the subject of
the request is an elected or appointed official with authority to
determine the utility usage policies of the local agency, provided
that the home address of an appointed official shall not be disclosed
without his or her consent. 
   (f)
    (6)  Upon determination by the local agency that the
public interest in disclosure of the information clearly outweighs
the public interest in nondisclosure. 
   (c) Notwithstanding subdivision (a), water usage rates of
industrial, institutional, and commercial utility customers of local
agencies shall be made available upon request. 
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which amends Section 6254.16 of the Government Code, furthers,
within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that
constitutional section as it relates to the right of public access to
the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings: 
   The Legislature finds that it is in the public's interest to know
the usage rates of industrial, institutional, and commercial water
and energy users. Unlike residential utility users, the privacy
interests of industrial, institutional, and commercial users are not
sufficient to justify granting an exemption from the public
disclosure requirements, in this context.  
   The Legislature finds that it is in the public's interest to know
the water usage rates of industrial, institutional, and commercial
utility customers of local agencies. Unlike residential utility water
users, the privacy interests of industrial, institutional, and
commercial water users are not sufficient to justify granting an
exemption from the public disclosure requirements on local agencies,
in this context. 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that
is within the scope of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution.