Bill Text: CA SB1110 | 2011-2012 | Regular Session | Introduced
Bill Title: Public records.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-01 - Referred to Com. on JUD. [SB1110 Detail]
Download: California-2011-SB1110-Introduced.html
BILL NUMBER: SB 1110 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Rubio
FEBRUARY 17, 2012
An act to amend Section 6253 of the Government Code, relating to
public records.
LEGISLATIVE COUNSEL'S DIGEST
SB 1110, as introduced, Rubio. Public records.
Existing law, the California Public Records Act, requires state
and local agencies to make public records available upon receipt of a
request that reasonably describes an identifiable record not
otherwise exempt from disclosure, and upon payment of fees covering
direct costs of duplication.
This bill would authorize a state or local agency to charge a fee
to cover the direct costs of duplication of a public record that may
include personnel costs associated with that duplication. The bill
would also authorize a state or local agency to collect a deposit
from an entity or individual requesting records prior to engaging in
the collection of the records.
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) (1) Except with respect to public
records exempt from disclosure by express provisions of law, 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, which may include
personnel costs associated with the duplication, or a statutory
fee if applicable. Upon request, an exact copy shall be provided
unless impracticable to do so.
(2) A state or local agency may collect a deposit from an entity
or individual requesting records prior to engaging in the collection
of the records.
(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) Nothing in this chapter shall 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.
(e) 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.
