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