Effective January 1, 2023, the California Public Records Act (CPRA) has a new location within the Government Code, complete with relabeled organizational headings that improve navigating the statute. The Legislature initially enacted the CPRA in 1968, and despite amendments over the past 50 years, the CPRA has become somewhat of a tangled web of statutory provisions, forcing practitioners and the public alike to follow the bouncing ball of references to understand its requirements, exceptions, exemptions, qualifications, and caveats. Through the CPRA Recodification Act of 2021 (Act), the Legislature makes the CPRA more user friendly. Importantly, all changes to the law under the Act are non-substantive. Indeed, the non-substantive nature of the changes is an express intent of both the bill proposing the reorganization and recodification of the CPRA, as well as a stated purpose of the Act itself. With these housekeeping changes taking effect as of the new year, it is a perfect time to review your agency’s forms, policies, and websites to update CPRA section references.
What to Expect from the Reorganization and Recodification of the CPRA
Practitioners and the public will now see systematic and thoughtful labeling of the parts, chapters, articles, and sections comprising the CPRA. Readers will also discover less lengthy and complex sections, related/similar sections existing in closer proximity to one another, and less duplication throughout the code provisions. For example, gone are sections requiring four character-long subdivision citations (e.g., 6254(f)(4)(B)(ii)(I)); instead, the former massive section regarding the array of records exempt from disclosure (former Government Code section 6254) is now divided across multiple separate sections organized by type of record, such as library records, public entity spending and finance, and many others. In addition, the Act’s reorganization and relabeling left room for future expansion of, and changes to, the CPRA, such that the value of this structural overhaul can continue for years to come.
Impetus for Reorganizing and Recodifying the CPRA
The organizational refresh provided by the Act is years in the making. Assemblyperson Chau, former representative for District 49 located east of Los Angeles, introduced Assembly Bill 473 (AB 473) on February 8, 2021, proposing restatements to the provisions of the CPRA based on the California Law Revision Commission’s (Commission) recommendations.
Between 2016 and 2019, the Commission analyzed the CPRA with an eye towards developing non-substantive changes that will improve the CPRA’s readability, organization, and understandability.
The Commission’s recommended changes (and AB 473) seek to serve the principle upon which the CPRA is premised—the people’s access to “information concerning the conduct of the people’s business is a fundamental and necessary right.”
Navigating and Citing to the CPRA
The Act repealed the CPRA provisions formerly existing in Government Code Division 7, titled, “Miscellaneous,” and recodified them in a new division: Division 10, titled, “Access to Public Records.” The CPRA code sections formerly codified in Government Code sections 6250 through 6276.48 are now found in Government Code sections 7920.000 through 7930.215.
Click here to see the Commission’s 2019 disposition table providing the cross-references between the former CPRA statutory sections and the new, reorganized sections. This table can guide public agencies and the public as we all get acquainted with the restated, reorganized CPRA.
Disclaimers Regarding Reorganization and Recodification of the CPRA
While the Act’s changes are non-substantive, the Act includes disclaimers about pre-existing opinions interpreting provisions of the former CPRA provisions. Specifically, judicial decisions and opinions of the Attorney General interpreting the former CPRA provisions are “relevant” to interpreting the provisions of the CPRA as they exist under the Act (i.e., in their recodified state), but the Legislature did not evaluate the correctness or the merits of such decisions and opinions. These disclaiming provisions raise the question of whether authority interpreting a former CPRA provision will inure to the provision’s recodified form. Considering that the changes under the Act are organizational only, this risk appears low. However, where such judicial and Attorney General opinions turn on certain principles of statutory interpretation, such as where a section exists in relation to others within the same law, previous authority may change.
If you have questions regarding the CPRA and how your agency can process and respond to requests, or comply with requirements, please contact:
Somach Simmons & Dunn provides the information in its Environmental Law & Policy Alerts and on its website for informational purposes only. This general information is not a substitute for legal advice, and users should consult with legal counsel for specific advice. In addition, using this information or sending electronic mail to Somach Simmons & Dunn or its attorneys does not create an attorney-client relationship with Somach Simmons & Dunn.
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FAQs
New Year, New California Public Records Act Organization and Codification. Effective January 1, 2023, the California Public Records Act (CPRA) has a new location within the Government Code, complete with relabeled organizational headings that improve navigating the statute.
What is the California Public Records Act codification? ›
The California Public Records Act, which can be found at California Government Code sections 7920 - 7931, is the California law that provides the public the right to inspect and the right to promptly obtain copies of "public records." The purpose of the Act is to provide access to information that enables the public to ...
What is the California Public Records Act 2024? ›
Chapter 161, Statutes of 2024.) The California Public Records Act requires state and local agencies to make their records available for public inspection, except as specified.
What is the CPRA California Public Records Act? ›
The California Public Records Act (CPRA) was passed by the California Legislature in 1968 for government agencies and requires that government records be disclosed to the public, upon request, unless there are privacy and/or public safety exemptions which would prevent doing so.
What is the CPRA exemption? ›
The CPRA exempts publicly available information from certain provisions, acknowledging that information already made widely accessible by government agencies or through other lawful means does not require the same level of privacy protection as other types of personal data.
What does the Public Records Act cover? ›
The California PRA is codified in California Gov. Code § 6250-6277. The PRA allows the public to request information from California government agencies, which includes state and local municipal agencies. This gives the public access to information that enables them to monitor the functioning of their government.
Has the California Public Records Act been repealed? ›
Effective January 1, 2023, the California Public Records Act (CPRA) has a new location within the Government Code, complete with relabeled organizational headings that improve navigating the statute.
What is exempt from public records in California? ›
Records for which disclosure is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege (Government Code Section 6254(k)). Confidential communications between the District and its attorneys (Ev. Code Sec. 954).
What is the new California law 2024? ›
Those new laws place a sales tax on guns and ammo, require bars to offer date-rape drug testing kits to customers, eliminate hidden/junk fees, increase access to menstrual products in schools, cap security deposits and require employers to implement workplace violence prevention plans.
How much is the California Public Records Act charged for? ›
Depending on the circ*mstances, the following fees may apply: The fee for preparing a copy of any law, resolution, record, or other document on file in the Secretary of State's Office is one dollar ($1.00) for the first page and fifty cents ($0.50) for each page thereafter.
Under the CCPA, consumers may request information about the personally identifiable information (PII), as well as the categories of PII a business collects and sells. The CPRA expands this right to include the data a business shares. It also expands the timeframe for which a consumer can request that information.
What is the statute of limitations for the California Public Records Act? ›
Although the CPRA contains no limitation on that remedy, California law imposes a three year statute of limitations on any cause of action created by statute. Additionally, some state agencies required to write guidelines for CPRA may have administrative appeals.
Who falls under CPRA? ›
Had gross revenues exceeding $25 million as of January 1 in the preceding calendar year; or. Buys, sells, or shares the information of 100,000 or more consumers or households; or. Derives 50 percent or more of their annual revenue from selling or sharing consumers' personal information.
What are the new CPRA requirements? ›
With its amendment to the CCPA, the CPRA requires that a business' collection, use, retention, and sharing of a consumer's personal information be “reasonably necessary and proportionate to achieve the purposes for which the personal information was collected or processed, or for another disclosed purpose that is ...
What triggers CPRA? ›
Companies qualify for enforcement if they meet one of the following: Annual gross revenue of more than $25 million. More than 50% of annual revenue comes from selling or sharing consumers' personal information. Buys, sells, or shares personal information on more than 100,000 consumers or households annually.
What are the rules for public records request in California? ›
Prompt access to public records is required by the CPRA (Government Code 6253). However, the agency has 10 days to respond to the request, either providing the information, or may provide a detailed explanation as to what information may be released or what cannot because it is protected by law.
What are the exemptions to the California Public Records Act? ›
The following are some of the most frequent exemptions: Preliminary drafts or notes not normally retained, provided the public interest in withholding outweighs the public interest in disclosure (Government Code § 7927.500). Personnel, medical, and similar files (Government Code § 7927.700).
What is the California Privacy Rights Act codified? ›
The California Privacy Rights Act (CPRA), also known as Proposition 24, was a ballot measure approved by California voters on Nov. 3, 2020. It significantly amended and expanded the CCPA, and it is sometimes referred to as “CCPA 2.0.” Compare the consumer rights provided by both the CCPA and CPRA.
What is the LPS Act in California? ›
The LPS Act was enacted in 1967 and sought to “end the inappropriate, indefinite, and involuntary commitment of persons with mental health disorders”. The LPS Act resulted in many individuals being released from state hospitals to live in the community.
