Bill Text: CA SB1324 | 2009-2010 | Regular Session | Introduced
Bill Title: Public records: fees: commercial use.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-04 - To Com. on JUD. [SB1324 Detail]
Download: California-2009-SB1324-Introduced.html
BILL NUMBER: SB 1324 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 19, 2010
An act to amend Section 6253 of the Government Code, relating to
public records.
LEGISLATIVE COUNSEL'S DIGEST
SB 1324, as introduced, Negrete McLeod. Public records: fees:
commercial use.
Existing law, the California Public Records Act, requires state
and local agencies to make public records available upon receipt of a
request that reasonably describes an identifiable record not
otherwise exempt from disclosure, and upon payment of fees to cover
direct costs of duplication, or applicable statutory fees.
This bill would authorize an agency to impose a fee, in addition
to a fee to cover the direct costs of duplication, to cover the
actual cost of staff search and review time, as defined, where the
request is made for commercial use, as defined.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: 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) (1) Except with respect to public
records exempt from disclosure by express provisions of law, 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.
(2) (A) Notwithstanding paragraph (1), in the case of a request
for records for commercial use, an agency may, in addition to a fee
covering direct costs of duplication pursuant to paragraph (1),
impose a fee reasonably calculated to cover the actual cost of staff
search and review time, based on an hourly rate for salary and
benefits of each employee involved.
(B) For purposes of this paragraph, "commercial use" means a
request for a use or purpose that furthers the commercial, trade, or
profit interests of the requestor or the person on whose behalf the
request is being made. A request from a representative of the news
media, including a person who regularly gathers, prepares, collects,
photographs, records, writes, edits, reports, or publishes news or
information that concerns local, national, or international events or
other matters of public dissemination to the public for a
substantial portion of the person's livelihood or for substantial
financial gain, that supports a news-dissemination function is not a
request for a commercial use.
(C) For purposes of this paragraph, "search and review time" means
actual time spent identifying and locating records, including
material within documents, responsive to a request, determining
whether any portions are exempt from disclosure, and performing all
tasks necessary to prepare for the records disclosure, including
redacting portions exempt from disclosure. Search and review time
does not include time spent resolving general legal or policy issues
regarding the applicability of particular exemptions.
(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 chapter shall 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) 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. The Legislature finds and declares that Section 1 of this
act, which amends Section 6253 of the Government Code, imposes a
limitation of the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
In order to enable public agencies to recover the cost of public
record inspection requests from commercial requestors, it is
necessary to enact this act.
