BILL NUMBER: AB 1648	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wilk

                        JANUARY 12, 2016

   An act to amend Section 6270 of the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1648, as introduced, Wilk. Public records.
   (1) The California Public Records Act requires state and local
agencies to make public records available for inspection by the
public, subject to specified criteria and with specified exceptions.
The act prohibits a state or local agency from selling, exchanging,
furnishing, or otherwise providing a public record subject to
disclosure to a private entity in a manner that prevents a state or
local agency from providing the public record directly.
   This bill would additionally prohibit a state or local agency from
selling, exchanging, furnishing, or otherwise providing a public
record subject to disclosure to a private entity in a manner that
prevents a member of the public from sharing, distributing, or
publishing the public record subject to disclosure.
   (2) 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.
   (3) 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 6270 of the Government Code is amended to read:

   6270.  (a) Notwithstanding any other  provision of
 law, no state or local agency shall sell, exchange,
furnish, or otherwise provide a public record subject to disclosure
pursuant to this chapter to a private entity in a manner that
 prevents   either: 
    (1)     Prevents  a state or local
agency from providing the record directly pursuant to this chapter.
 Nothing  
   (2) Prevents a member of the public from sharing, distributing, or
publishing a record provided pursuant to this chapter. 
    (b)     Nothing  in this section
requires a state or local agency to use the State Printer to print
public records. Nothing in this section prevents the destruction of
records pursuant to law. 
   (b) 
    (c)  This section shall not apply to contracts entered
into prior to January 1, 1996, between the County of Santa Clara and
a private entity for the provision of public records subject to
disclosure under this chapter.
  SEC. 2.  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.
  SEC. 3.  The Legislature finds and declares that Section 1 of this
act, which amends Section 6270 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:
   It is in the public interest to ensure that members of the public
can share, distribute, or publish a public record subject to
disclosure by the California Public Records Act.