California 2015-2016 Regular Session Status: Enacted

AB 2853 — Public records.

Last action — Chaptered by Secretary of State - Chapter 275, Statutes of 2016.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2016. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The California Public Records Act requires a public agency, defined to mean any state or local agency, to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. The act prohibits limitations on access to a public record based upon the purpose for which the public record is being requested if the public record is otherwise subject to disclosure, authorizes public agencies to adopt requirements that allow for faster, more efficient, or greater access to public records, and requires local agencies, except school districts, that voluntarily post public records on an open data Internet Resource, as defined, to post those public records in an open format that meets specified criteria. This bill would authorize a public agency that posts a public record on its Internet Web site to refer a member of the public that requests to inspect the public record to the public agency's Internet Web site where the public record is posted. This bill would require, if a member of the public requests a copy of the public record due to an inability to access or reproduce the public record from the Internet Web site where the public record is posted, the public agency to promptly provide a copy of the public record to the member of the public, as specified. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 275, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6039.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4966.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 14).

  11. Referred to Com. on JUD.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4790.)

  14. Read second time. Ordered to Consent Calendar.

  15. From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 4).

  16. Re-referred to Com. on APPR.

  17. Read second time and amended.

  18. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 12).

  19. Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  21. Referred to Com. on JUD.

  22. Read first time.

  23. From printer. May be heard in committee March 22.

  24. Introduced. To print.

Sponsors

  • Gatto · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Gatto

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2853 GATTO Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 5000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Olsen — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Gatto — Yea
Salas — Yea
Frazier — Yea
Burke — Yea
Gomez — Yea
Gordon — Yea
Jones-Sawyer — Yea
Campos — Yea
Kim — Yea
Levine — Yea
Linder — Yea
Mayes — Yea
Gray — Yea
McCarty — Yea
Medina — Yea
Atkins — Yea
Chang — Yea
Bonilla — Yea
Mullin — Yea
Lopez — Yea
O'Donnell — Yea
Alejo — Yea
Bigelow — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Hadley — Yea
Holden — Yea
Melendez — Not Voting
Quirk — Yea
Santiago — Yea
Ting — Yea
Wood — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2853 Gatto By Liu

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hernandez — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Pavley — Yea
Wieckowski — Yea
Cannella — Yea
Allen — Yea
Hill — Yea
Mitchell — Yea
Pan — Yea
De León — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Beall — Yea
Block — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 2853 GATTO Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 5000
Republican 5000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Levine — Yea
Low — Yea
Mathis — Yea
Olsen — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Williams — Yea
Wood — Yea
Eggman — Yea
Cooley — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Chau — Yea
Chiu — Yea
Salas — Yea
Gomez — Yea
Chu — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Weber — Yea
Wilk — Yea
Burke — Not Voting
Gatto — Yea
Gordon — Yea
Gray — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Not Voting
Bigelow — Yea
Chang — Yea
Chávez — Yea
Dababneh — Yea
Dodd — Yea
Kim — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Quirk — Yea
Steinorth — Yea
Ting — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Wagner — Yea
Weber — Yea
Eggman — Yea
Holden — Yea
Bonilla — Yea
McCarty — Yea
Obernolte — Yea
Quirk — Yea
Chang — Yea
Daly — Yea
Santiago — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2853 do?
(1) The California Public Records Act requires a public agency, defined to mean any state or local agency, to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. The act prohibits limitations on access to a public record based upon the purpose for which the public record is being requested if the public record is otherwise subject to disclosure, authorizes public agencies to adopt requirements that allow for faster, more efficient, or greater access to public records, and requires local agencies, except school districts, that voluntarily post public records on an open data Internet Resource, as defined, to post those public records in an open format that meets specified criteria. This bill would authorize a public agency that posts a public record on its Internet Web site to refer a member of the public that requests to inspect the public record to the public agency's Internet Web site where the public record is posted. This bill would require, if a member of the public requests a copy of the public record due to an inability to access or reproduce the public record from the Internet Web site where the public record is posted, the public agency to promptly provide a copy of the public record to the member of the public, as specified. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (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.
Who sponsors AB 2853?
AB 2853 is sponsored by Gatto.
What is the current status of AB 2853?
This bill has been enacted into law. Introduced February 19, 2016. Enacted.
Where can I track AB 2853?
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Last checked for changes 3 months ago · updated continuously

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