An act to amend Sections 100010 and 100115 of, and to add Section 94874.8 to, the Education Code, to amend Sections 8592.1, 8592.5, 8592.7, 8690.6, 11542, 13964, 14615.1, 15251, 15253, 15254, 15275, 15277, 18671.2, 23025, 25008, 53108.5, 53114.1, 53115.1, and 53126.5 of, to add Sections 6252.8, 8250.1, 11543, 13295.5, 13963.1, and 50021 to, to add Chapter 9 (commencing with Section 14930) to Part 5.5 of Division 3 of Title 2 and Chapter 3 (commencing with Section 15278) to Part 6.5 of Division 3 of Title 2 of, and to add and repeal Article 8 (commencing with Section 19210) of Chapter 5 of Part 2 of Division 5 of Title 2 of, to repeal Section 8169.6 of, and to repeal and add Section 18662 of, the Government Code, to amend Sections 6060 and 7047 of the Harbors and Navigation Code, to amend Sections 2851, 4733, 6489, and 32103 of the Health and Safety Code, to amend Section 10089.7 of the Insurance Code, to amend Sections 62.5, 139.48, 1024, 1771.3, 1771.5, 7852, 7856, and 7870 of, to amend and repeal Section 62.7 of, to add Sections 62.8 and 1063.5 to, and to repeal 62.9 of, the Labor Code, to amend Section 1197 of the Military and Veterans Code, to amend Sections 1203, 13518.1, 13701, 13710, and 13730 of the Penal Code, to amend Sections 10351, 12100, 12100.5, 12100.7, 12101, 12101.2, 12101.5, 12102, 12103, 12103.5, 12104, 12104.5, 12105, 12106, 12108, 12109, 12112, 12120, 12125, 12126, and 12128 of, to add Sections 12102.1 and 12102.2 to, and to repeal Section 12121 of, the Public Contract Code, to amend Sections 9303 and 75121 of the Public Resources Code, to amend Sections 2872.5, 2892, 2892.1 11908.1, 11908.2, and 22407 of the Public Utilities Code, to amend Sections 41030, 41031, 41032, 41136, 41136.1, 41137, 41137.1, 41138, 41139, 41140, 41141, and 41142 of the Revenue and Taxation Code, to amend Section 5066 of the Vehicle Code, to amend Sections 21166, 30507, 30507.1, 34741, 40355, 50605, 56031, 60143, 70078, 71255, and 74208 of the Water Code, and to amend Section 656.2 of the Welfare and Institutions Code, relating to state and local government, and making an appropriation therefor, to take effect immediately, bill related to the budget.
Summary
AB 76 includes the newly added California Government Code section 6252.8, which, inter alia, authorizes public entities to opt out of critical components of the California Public Records Act (PRA).
Status
Vetoed by Governor
Our Position: Opposed in part
The provision is an unprecedented attack on the concept of an open and democratic government. California’s right to inspect and copy government records is not just statutory. It is also a right included in Article I, section 3 of the California Constitution. The provision would allow public entities to ignore public records requests for long periods of time, with no explanation as to why. This would likely stymie an average citizen’s efforts to obtain public records, as they may simply lose patience and give up. Moreover, this proposed section would clog our already beleaguered courts with PRA suits because public entities would just fail to respond in a reasonable amount of time – leaving the requesting party with no other remedy than to seek judicial enforcement.