Lawmakers wanted to let agencies sue you for submitting records requests that they didn’t like. We fought back and won. 

A California lawmaker introduced a bill this year that threatened to undermine the Public Records Act, kicking off a fierce opposition campaign.

AB 1821 by Asm. Blanca Pacheco, D-Downey, would have made California one of the most secretive states in the country, a leading national FOI expert concluded. One version of the bill would have allowed agencies to charge up to $66/hour to process requests they consider “commercial,” dictate the method of submission of requests, and even sue requesters for any requests they deem were submitted with so-called “malicious intent.” Various versions of the bill aimed to give journalists a carveout from the fees but included problematic language that would have only covered a small subset of reporters in the state and allowed agencies to interrogate requesters of their status and how they earn a living.

SPJ NorCal joined a coalition led by the First Amendment Coalition to fight back in Sacramento. And we won. 

In the face of “fierce opposition,” Pacheco was forced to strip the most harmful provisions from the bill. But not before it earned her a reputation as “the Legislature’s Queen of Secrecy.”

Lawmakers ultimately passed the scaled-back version of the bill, making only a one-word change to the CPRA, changing the initial determination deadline from 10 or 24 days to 10 or 24 “business” days. Given delays are already endemic and thwart timely newsgathering, we are disappointed this policy advanced but hope the extensive opposition to the bill sent a strong message to lawmakers. AB 1821 is headed to the governor’s desk for a signature. He has until Sept. 30 to act.

— Annie Cappetta, Co-Chair of SPJ CenCal Satellite Chapter’s Advocacy Committee