BILL NUMBER: SB 201	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 10, 2015

   An act to add Section 6254.50 to the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 201, as introduced, Wieckowski. California Public Records Act.
   The California Public Records Act requires state and local
agencies to make public records available for inspection, subject to
certain exceptions. Under existing law, a person may seek injunctive
or declaratory relief or a writ of mandate to enforce his or her
right to inspect or receive a copy of a public record, as specified.
Under existing case law, an agency's decision to release confidential
records pursuant to the California Public Records Act is reviewable
by a petition for a writ of mandate.
   This bill would require a court, in an action by a third party to
enjoin disclosure of a public record or declaratory relief concerning
a request to inspect a public record, to apply the provisions of the
California Public Records Act as if the action had been initiated by
a person requesting disclosure of a public record. The bill would
also require the third party seeking an injunction or declaratory
relief to provide notice to the person whose request prompted the
action at the same time the defendant public agency in the action is
served.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6254.50 is added to the Government Code, to
read:
   6254.50.  (a) In an action brought by a third party seeking to
enjoin disclosure of a public record or declaratory relief concerning
a request to inspect a public record, the court shall apply the
provisions of this chapter as if the action had been initiated by a
person requesting disclosure of a public record.
   (b) In an action described in subdivision (a), the third party
seeking an injunction or declaratory relief shall provide notice of
the action to the person whose request prompted the action at the
same time the defendant public agency in the action is served. The
court shall permit the person whose request prompted the action to
intervene at the person's request.