Public Records Act Reorganization to Take Effect

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Public Records Act Reorganization to Take Effect

Dec 19, 2022

On January 1, 2023, new legislation will take effect which recodifies and reorganizes the provisions of the California Public Records Act.  The new legislation states that it is not intended to substantively change the law relating to inspection of public records.  However, it may nonetheless have some practical consequences for public agencies.  The reorganization means that the Public Records Act will now begin at Government Code section 7920.000, rather than Government Code 6250.  Exemptions currently found in Government Code section 6254 have been relocated to multiple independent code sections to make them easier to read.

Form letters and other materials which reference statutes in the Public Records Act as it is currently codified will need to be updated, since the locations of the statutes referenced will change.  For example, a form letter referencing the exemption from disclosure found at Government Code section 6254(c), which exempts “personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy” will need to be revised, as this exemption will be relocated to Government Code section 7927.700.

These changes come via Assembly Bills 473 and 474, which were passed and approved by the Governor in 2021.