AB-1707: Public records: response to request. Linder

Session Year: 2015-2016

Share Video Add Bill to Favorites

Hearings for AB-1707

Bill Details

  • Text
  • Votes
  • History
  • Bill Analysis
  • Today's Law As Amended
  • Status
  • Comments to Author

Text

An act to amend Section 6255 of the Government Code, relating to public records.

LEGISLATIVE COUNSEL'S DIGEST

AB 1707, Assembly Members Linder and Dababneh. Public records: response to request.

The California Public Records Act requires state and local agencies to make public records available for inspection, unless an exemption from disclosure applies. Existing law requires an agency to justify withholding any record by demonstrating that the record is exempt under express provisions of the act or that the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure. The act requires a response to a written request for public records that includes a denial of the request, in whole or in part, to be in writing.

This bill would require the written response demonstrating that the record in question is exempt under an express provision of the act also to identify the type or types of record withheld and the specific exemption that justifies withholding that type of record. Because local agencies would be required to comply with this new requirement, this 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 Required: majority Appropriation: no Fiscal Committee: yes Local Program: yes

The people of the State of California do enact as follows:

SECTION 1. Section 6255 of the Government Code is amended to read:
6255.

(a)The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.

(b)A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing. The written response demonstrating that the record in question is exempt under an express provision of this chapter also shall identify the type or types of record withheld and the specific exemption that justifies withholding that type of record.

SEC. 2.

The Legislature finds and declares that Section 1 of this act, which amends Section 6255 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:

Because the people have the right of access to information concerning the conduct of the people’s business, requiring local agencies also to identify in the written response demonstrating that the record is exempt under an express provision of the California Public Records Act the type or types of record withheld, and the specific exemption that applies, furthers the purposes of Section 3 of Article I.

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.

Bill Version

March 28, 2016 - Amended in Assembly

Bill Activity

Introduced by

Assembly Members Linder and Dababneh
January 25, 2016

Amended in Assembly

March 28, 2016

Votes

Date Result Location Ayes Noes NVR Motion
03/29/16 (PASS) Asm Judiciary 10 0 0 Do pass and be re-referred to the Committee on [Local Government]
  Ayes: Alejo, Chau, Chiu, Gallagher, Cristina Garcia, Holden, Maienschein, Ting, Mark Stone, Wagner

History

Date Action
04/12/16 In committee: Set, second hearing. Hearing canceled at the request of author.
03/31/16 In committee: Set, first hearing. Hearing canceled at the request of author.
03/29/16 From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 10. Noes 0.) (March 29). Re-referred to Com. on L. GOV.
03/29/16 Re-referred to Com. on JUD.
03/28/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
03/08/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on JUD.
01/26/16 From printer. May be heard in committee February 25.
01/25/16 Read first time. To print.
03/31/16 In committee: Set, first hearing. Hearing canceled at the request of author.
03/29/16 From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 10. Noes 0.) (March 29). Re-referred to Com. on L. GOV.
03/29/16 Re-referred to Com. on JUD.
03/28/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
03/08/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on JUD.
01/26/16 From printer. May be heard in committee February 25.
01/25/16 Read first time. To print.
03/31/16 In committee: Set, first hearing. Hearing canceled at the request of author.
03/29/16 From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 10. Noes 0.) (March 29). Re-referred to Com. on L. GOV.
03/29/16 Re-referred to Com. on JUD.
03/28/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
03/08/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on JUD.
01/26/16 From printer. May be heard in committee February 25.
01/25/16 Read first time. To print.
03/29/16 From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 10. Noes 0.) (March 29). Re-referred to Com. on L. GOV.
03/29/16 Re-referred to Com. on JUD.
03/28/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
03/08/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on JUD.
01/26/16 From printer. May be heard in committee February 25.
01/25/16 Read first time. To print.
03/28/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
03/08/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on JUD.
01/26/16 From printer. May be heard in committee February 25.
01/25/16 Read first time. To print.
03/08/16 In committee: Set, first hearing. Hearing canceled at the request of author.
02/25/16 Referred to Com. on JUD.
01/26/16 From printer. May be heard in committee February 25.
01/25/16 Read first time. To print.
02/25/16 Referred to Com. on JUD.
01/26/16 From printer. May be heard in committee February 25.
01/25/16 Read first time. To print.
01/26/16 From printer. May be heard in committee February 25.
01/25/16 Read first time. To print.
01/25/16 Read first time. To print.

Bill Analysis

Date Analysis
03/24/16 Assembly Judiciary

Today's Law as Amended

Status

Bill Status
Measure: AB-1707
Lead Authors: Linder, Dababneh
Principal Coauthors: Cristina Garcia
Coauthors: Travis Allen, Brough, Hadley, Lackey, Olsen
Topic: Public records: response to request.
31st Day in Print: 02/25/16
Title: An act to amend Section 6255 of the Government Code, relating to public records.
House Location: Assembly
Introduced Date: 01/25/16
Type of Measure
Active Bill - In Committee Process
Majority Vote Required
Non-Appropriation
Fiscal Committee
Local Program
Non-Urgency
Non-Tax Levy
Last 5 History Actions
Date Action
04/12/16 In committee: Set, second hearing. Hearing canceled at the request of author.
03/31/16 In committee: Set, first hearing. Hearing canceled at the request of author.
03/29/16 From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 10. Noes 0.) (March 29). Re-referred to Com. on L. GOV.
03/29/16 Re-referred to Com. on JUD.
03/28/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

Comments to Author