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 |Add To My Favorites |Track Bill | Version: 03/28/25 - Amended Assembly
 03/24/25 - Amended Assembly
 02/11/25 - Introduced

 AB-541 California Public Records Act Ombudsperson.(2025-2026)

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 Date Published: 03/28/2025 09:00 PM

AB541:v97#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 March 28, 2025

 Amended
 IN 
 Assembly
 March 24, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 541

Introduced by Assembly Member DeMaio

February 11, 2025

 An act to add and repeal Chapter 6.6 (commencing with Section 8549) of Division 1 of Title 2 of the Government Code, relating to public records. 

LEGISLATIVE COUNSEL'S DIGEST

AB 541, as amended, DeMaio.
 California Public Records Act Ombudsperson.

Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.

This bill would, until January 1, 2029, and subject to appropriation, establish the Office of the California Public Records Act Ombudsperson. The bill would require the Governor to appoint the ombudsperson subject to certain requirements. The bill would require the ombudsperson to receive and investigate requests for review, as defined, determine whether the denials of original requests, as defined, complied with the California Public Records Act, and issue written opinions of its determination, as
 provided. The bill would require the ombudsperson to create a process to that effect, and would authorize a member of the public to submit a request for review to the ombudsperson consistent with that process. The bill would require the ombudsperson, within 30 days from receipt of a request for review, to make a determination, as provided, and would require the state agency to provide the public record if the ombudsperson determines that it was improperly denied. The bill would require the ombudsperson to create a process through which a person whose information is contained in a record being reviewed may intervene to assert their privacy and confidentiality rights, and would otherwise require the ombudsperson to maintain the privacy and confidentiality of records, as provided. The bill would require the ombudsperson to report to the Legislature, on or before March 31, 2027, and annually thereafter, on, among other things, the number of requests for review the ombudsperson has received in the prior
 year.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 This act shall be known, and may be cited, as the Open Government Accountability Act.

SECTION 1.SEC. 2.

 Chapter 6.6 (commencing with Section 8549) is added to Division 1 of Title 2 of the Government Code, to read:

 CHAPTER
 6.6. California Public Records Act Ombudsperson

8549.

 For purposes of this chapter, the following terms have the following meanings:

(a) “California Public Records Act” means the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).

(b) “Local agency” has the same meaning as defined in Section 7920.510.

(c) “Member of the public” has the same meaning as defined in Section 7920.515.

(d) “Ombudsperson” means the California Public Records Act Ombudsperson created pursuant to this chapter.

(e) “Original request” means a request for records retained by a state agency made by a member of the public pursuant to the California Public Records Act.

(f) “Public agencies” has the same meaning as defined in Section 7920.525.

(g) “State agency” has the same meaning as defined in Section 7920.540.

(h) “Request for review” means a request for the ombudsperson to review a denial by a state agency of an original request.

(i) “Unusual circumstances” has the same meaning as defined in subdivision (c) of Section 7922.535.

8549.1.

 (a) There is hereby created in state government the Office of the California Public Records Act Ombudsperson. The ombudsperson shall receive and investigate requests for review, determine whether the denials of original requests complied with the California Public Re