SACRAMENTO — California lawmakers are advancing legislation that would extend the time state agencies have to respond to California Public Records Act requests. This comes as the California Health and Human Services Agency has not released the Baby2Baby contract or competitive bid records more than two months after Governor Gavin Newsom announced the partnership.

The Department of Health Care Access and Information took 24 days to determine that the Baby2Baby contract and related records were disclosable public records. On June 5, the department stated it would need an additional 28 days to produce these documents. On July 3, the Department of Health Care Access and Information notified requesters it would require an additional two weeks to provide the Baby2Baby contract.

Assemblymember Blanca Pacheco introduced Assembly Bill 1821, which proposes changes to the California Public Records Act. The bill originally suggested allowing agencies to sue requesters deemed malicious and impose charges of up to $66 per hour for providing public records. However, the Senate Judiciary Committee removed these provisions from Assembly Bill 1821.

The amended version of Assembly Bill 1821 lengthens the legal window for officials to respond to public records requests by changing the measure of time from calendar days to business days. "Agencies across the state are experiencing a sharp increase in requests that are exceptionally broad," Pacheco said.

Senate Judiciary Chair Tom Umberg addressed the issue of access to public information. "People shouldn't have to tell us why they want that information. People shouldn't have to pay to get information from public officials," Umberg said. He added, "I think there's a world where we make them do that. It's up to us to motivate them to do so."

Why It Matters

The legislative efforts to modify the California Public Records Act reflect a discussion regarding public access to government information. The proposed changes in Assembly Bill 1821, such as extending response times by changing calendar days to business days, could affect how quickly the public receives information from state agencies. The unreleased Baby2Baby contract, which was announced over two months ago, demonstrates an instance where public records have not been made available according to original timeframes.