Governor Newsom signed a new law on July 18th expanding the definition of “extraordinary circumstances,” allowing government departments to delay responses to such public records requests by 14 days.
According to the California Public Records Act passed in 1968, government agencies must respond to public records requests within 10 days, indicating whether the record exists and if it can be disclosed.
The new law, effective January 1, 2025, will include situations such as emergency declarations made by the governor, similar to those that led to government office closures like with COVID-19 – when these circumstances affect the agency’s ability to respond to requests in a timely manner.
The drafter of California Senate Bill SB1034, Kelly Seyarto, stated the necessity for amendments became evident after government agencies were impacted by the pandemic response. He expressed in legislative analysis, “The COVID-19 pandemic in recent years has presented unprecedented circumstances that are not covered by the current definition of ‘extraordinary circumstances,'” and that agencies were forced to allocate limited time and resources to comply with the standard 10-day response period under the state-wide public health and safety emergency conditions.
The law allows for impacted agencies to better handle record requests during emergency orders, such as when state offices are ordered to close. According to the text of the bill, documents related to emergencies or created during this period do not qualify for an extension of the response period.
During legislative discussions, supporters of the new law pointed out that responding to these requests is difficult even in non-emergency situations.
The organization representing 40 rural counties in California, “California Rural County Representatives,” wrote in a communication in March, “The California Public Records Act is an essential tool for public oversight of government and elected officials.” They highlighted the high costs and time consumed by these requests for local agencies. The organization’s board, composed of county elected supervisors, cited statistics showing some local governments faced a flood of record applications.
Excluding emergency situations, the number of public records requests in California has increased by 73% since 2019, with a growing volume of records to process, including communications on email, text messages, and direct messaging platforms. The organization noted that the complexity and precision required to respond to requests under the Public Records Act have also increased due to employees needing time to search and edit materials that are not for public disclosure – often the same individuals responsible for emergency event responses.
A proponent of SB1034 mentioned that resources are limited when prioritizing other needs during emergency situations.
Chino Hills noted in a legislative analysis report that government agencies may face a surge in service demands during emergencies, making it difficult to respond promptly to public records requests within the specified period. “SB1034 allows government agencies to prioritize community safety during emergency periods.”
Dozens of cities including Brea, Rancho Cucamonga, and Roseville, were listed as supporters in the legislative analysis report. Additionally, local government agencies like the Los Angeles County Office of Education and Orange County Health Care Agency expressed their support. There were no public opposing groups, and the bill smoothly passed through the legislative body without any dissenting votes, although some legislators chose to abstain.