Reversal On Public Records: After Scathing Press And Public Criticism, Assembly Dems Vote To Restore Funding For Public Recs Act (Lowenthal Votes Yes) AND By Midafternoon, Gov. Brown's Aides Say He Too Now Favors Restoring Funding (After His Budget Sought To End It); Meanwhile, Dems Will Propose Constitutional Amendment (2014 Measure For Voters) That Would Make Local Gov'ts Pay

(June 20, 2013, 6:45 p.m.) -- Amid intense criticism from media outlets and open government advocates, and after Assembly Republicans rebuked Dems on the Assembly floor for their actions, the Assembly's Dem majority (including Assemblywoman Bonnie Lowenthal) voted 52-25 this morning (June 20) to approve a second "budget trailer" bill (SB 71)with a provision directly opposite to an Assembly-Senate June 14 approved trailer bill (AB 76). The new measure (SB 71) now includes includes reimbursements to local governments for the Public Records Act's mandatory provisions, restoring their mandatory force and effect for the current budget year.

Assembly Republicans various called the Democrats actions a childish "do-over" and "political theater"...because at that point, it appeared that the state Senate wouldn't take up the bill.

Yesterday (June 19), the state Senate's Dem leadership said publicly that it would "hold" the new Assembly bill (SB 71) and would instead advance a state constitutional amendment -- requiring statewide voter approval in 2014 -- that would require local governments to pay the cost of complying with the Public Records Act's mandatory provisions.

However by mid-afternoon today (June 20), Governor Jerry Brown appeared to have also reversed his previous position.

After the Governor had personally included the elimination in state reimbursement to local governments for Records Act requests in his proposed budget, the Governor's aides indicated to both SacBee.com and LATimes.com today (June 20) that he now supports state reimbursement funding in this year's budget for Public Records Act's mandates.

The state Senate adjourned today without taking action on the newly forwarded bill from the Assembly (SB 71) which includes funding to reimburse local government for Public Records requests, effectively keeping the Act's mandatory provisions intact...at least for the current budget year.

However at the same time, leadership Dems indicated they will develop a proposed constitutional amendment for 2014 [text unseen at this point] that, if approved by voters, would make local government bodies responsible for paying for Public Records Act requests, effectively making them mandatory on a permanent basis.

Today's developments appear to quell a firestorm that eruped after the Assembly and state Senate voted (in a party line action on June 14) to end state reimbursement for Public Records Act compliance. That action, if it had been signed by the Governor, would have made parts of the Public Records Act no longer mandatory...and would have let local agencies avoid parts of the Public Records Act including the current requirement to respond to record requests in most cases within 10 days, make records available electronically when possible and provide their reasons for refusing records requests.

Long Beach Councilwoman Schipske was among those critical of AB 76 yesterday morning (June 19) for ending the local reimbursement as well as cutting off state reimbursement -- and no longer making mandatory -- some local tracking of domestic violence cases. (Domestic violence reimbursement is among multiple items cut off by Sacramento which have not been restored in the now-advancing bill SB 71.) At midafternoon yesterday (June 19), Long Beach Mayor Bob Foster said regardless of what the state legislature does or doesn't do, the City of Long Beach will abide by its current practice and follow Public Records Act.