California Senate Bill SB1337 Amended / Bill

 BILL NUMBER: SB 1337AMENDED BILL TEXT AMENDED IN SENATE APRIL 3, 2014 INTRODUCED BY Senator DeSaulnier FEBRUARY 21, 2014 An act to  add Sections 6253.11 and 6253.12 to   amend Sections 6253 and 6253.9 of, and to add Section 7550.7 to,  the Government Code, relating to  public records.   state government.  LEGISLATIVE COUNSEL'S DIGEST SB 1337, as amended, DeSaulnier. Public  records: electronic copies and media requests.   records and reports.   The   (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.  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. 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 bill would require a state or local  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 bill would require a state or local agency to respond to a request for public records from a member of the press, as defined, within 14 days. By imposing additional duties upon local agencies in making public records available for inspection, this bill would impose a state-mandated local program.   This bill would also require, beginning January 1, 2016, a state agency to provide a public record as soon as possible and no later than 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.   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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.   (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:  yes   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. 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   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.  (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.   (e)   (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.  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)  Nothing in   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.   SEC. 3.   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.   SECTION 1.   Section 6253.11 is added to the Government Code, to read: 6253.11. A public agency shall provide an electronic copy of a public record when the public record is made available in response to a request.   SEC. 2.   Section 6253.12 is added to the Government Code, to read: 6253.12. (a) A public agency shall respond to a request for public records from a member of the press within 14 days. (b) For the purposes of this section, "member of the press" means a person engaged in the regular gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of information that concerns local, national, or international events or other matters of public interest for dissemination to the public.       SEC. 3.   If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.