BILL NUMBER: AB 520INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Carter FEBRUARY 25, 2009 An act to add Section 6256 to the Government Code, relating to public records. LEGISLATIVE COUNSEL'S DIGEST AB 520, as introduced, Carter. Public records. The California Public Records Act requires state and local agencies to make their records available for public inspection and, upon request of any person, to provide a copy of any public record unless the record is exempt from disclosure. This bill would, whenever it is made to appear by verified petition, authorize a superior court to issue a protective order limiting the number and scope of requests a requestor may make under the act. The bill would require the court, in issuing the order, to determine that the requestor has sought records under the act for an improper purpose, including, but not limited to, the harassment of a public agency or its employees. 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 6256 is added to the Government Code, to read: 6256. (a) Notwithstanding Section 6257.5, whenever it is made to appear by verified petition to the superior court of the county in which a requestor for public records under this chapter resides or has a primary place of business, the court may issue a protective order limiting the number and scope of requests a requestor may make. The court may issue the protective order if it determines that the requestor has sought records under this chapter for an improper purpose, which includes, but is not limited to, the harassment of a public agency or its employees. The petition shall be accompanied by a declaration of facts by the public agency withholding the records demonstrating that it has complied with Section 6253.1 and has made a good faith effort to reach an informal resolution of the issues relating to the records request. (b) The order specified in subdivision (a) may limit, or in appropriate circumstances, eliminate, the public agency's duty to respond to public records requests from the requester in the future. (c) In an action filed on or after January 1, 2010, an order of the court, either limiting the number or scope of disclosure requests or eliminating the public agency's duty to respond to records requests from the requester in the future, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon him or her of a written notice of entry of the order, or within further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates that it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court. (d) For the purposes of this section, the county of residence shall include any return address listed on the original letter requesting the public records.