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State Senate Advances SCA 3 (Proposed State Constitutional Amendment) re Public Recs Act; Measure Moves To Assembly, Provides No Additional Access To Records But Would Shift State Costs To Local Gov't (and Possibly Records Requesters)



(July 3, 2013) -- The state Senate on Wednesday (July 3) voted 37-0 to advance to the Assembly a proposed constitutional amendment, SCA 3, that would require local government agencies to comply with state mandates in the CA Public Records Act and the Brown (open meetings) Act regardless of whether Sacramento provides reimbursement for those costs.

SCA 3's verbiage regarding the Public Records Act was added after Assembly and state Senate Democrats voted (along party lines) for a budget "trailer" bill that ended state reimbursement for local costs under the Public Records Act, which triggered intense criticism from media and open government groups because it would have made local government compliance with key portions of the Public Records Act voluntary.

Assembly and state Senate Dems then reversed their voted action and restored reimbursement for the remainder of FY14 while state Senators Leno and Steinberg proposed SCA 3 which, if approved by voters, would avoid state budget battles over Public Records Act and Brown Act reimbursement in future years by requiring local government [and thus potentially records requesters] to pay the full costs.

On the Senate floor, Senator Leno acknowledged that SCA 3 is basically a fiscal measure and doesn't make substantive changes in current law. He stated that SCA 3 is supported by the CA Newspaper Publishers Ass'n and the First Amendment Coalition and said he wished to place a letter in the Senate Journal but didnt't detail its contents. (LBREPORT.com requested a copy from Sen. Leno's office as of the evening of July 3 wasn't received; we'll add a link to it when it's available online.)

SCA 3 now heads to the Assembly where, if approved, it would ultimately be placed on the June 2014 statewide ballot (coinciding with the expiration of FY14 state funding under the FY14 budget trailer bill).

[LBREPORT.com has expressed editorial concerns about the measure as currently written, urging amendments on grounds it doesn't plug an internet loophole and continues to exempt state legislators from the Public Records Act. For LBREPORT.com's position, click here.]

Developing with further to follow on LBREPORT.com. .



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