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National News

BRB Public Record News

August 21, 2013 posted by Steve Brownstein

Governor Brown Backs Down

According to news stories released today (June 20, 2013) by the Los Angeles Times, Governor Jerry Brown reversed his decision to sign a measure that would have allowed local government to opt out of critical provisions of the California Public Records Act.
 
This follows a vote today by the California Assembly which also reversed its position and decided to keep the status quo, for now.
 
There is talk of a possible amendment to insure access to public records remains the same, but the costs of supplying the records would be borne by local government without reimbursement by the state as they are now. So there are still conflicts on the horizon.

California Courts and Record Access
 
Trailer Bill Killed But New Bill Passed That Alters Public Records Act

There was quite a bit of news and push back about the trailer bill that would have dramatically altered the fee structure for viewing and obtaining court records in California. The bill was killed by the legislature on June 14, 2013.

However, another bill was added to the budget bill which was passed on the 14th. SB71 (or AB76) modifies wording in the California Public Records Act (CPRA)T.

Currently, the CPRA states "...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, upon the payment of fees to cover costs."  SB71 modifies CPRA so that state and local government are merely "encouraged" to make the public records available as per CPRA. SB71 also makes compliance with certain provisions of CPRA as "optional" rather than required - menaing agencies can opt out. The provisions deal with access public records, including court records.

According to published reports this is a budget issue and the Department of Finance expects agencies who opt out  will save the state tens of millions of dollars. Another in-depth article is available from the Courthouse News Service at www.courthousenews.com/2013/06/18/58616.htm.

View SB71 or AB76 at www.leginfo.ca.gov/index.html. The bill specifically alters Sections 6252 by adding 6252.8 which in turn makes certain parts of the CPRA optional including provisions in 6253.

View the section affected in the CPRA at:

www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270