Transparency Advocates Sound Alarm Over AB1821's Public Records Restrictions

A controversial bill advancing through the California Legislature, Assembly Bill 1821, is drawing sharp criticism from transparency advocates who say it would create new barriers for citizens and journalists seeking public records. Introduced by Assemblymember Blanca Pacheco, D-Downey, the legislation would allow government agencies to impose costly fees and lengthy delays on records requests, undermining the state’s constitutional guarantee of open access to public information.

The bill, which has already passed the Assembly, was amended in the state Senate to give agencies the power to classify requesters as “commercial” or “noncommercial,” and even determine whether a requester has “malicious intent.” Those not deemed a “representative of the news media” could face an administrative fee of $22.35 per hour plus a professional fee of $66.26 per hour, both adjusted annually for inflation. If an agency decides a request was made with malicious intent, it can petition the superior court to impose additional fees, putting the request on hold during court proceedings.

Additionally, the bill would allow agencies to ignore deadlines for requests not submitted through a designated method, such as email over postal mail. Critics argue this creates a patchwork of confusing rules that could effectively block access to public records.

CalMatters, a nonprofit news organization, had to sue the Los Angeles Homeless Services Authority in 2024 after it refused to release incident reports of deaths in publicly funded homeless shelters. Such litigation is expensive and slow, and advocates say AB1821 would make it even harder to hold agencies accountable.

The coalition fighting the bill includes the California News Publishers Association, the First Amendment Coalition, ACLU California Action, and the Howard Jarvis Taxpayers Association. They note that Proposition 59, approved by voters in 2004, enshrined in the state constitution the right of access to public records, with the mandate that laws be broadly construed to further that right and narrowly construed when limiting it.

The bill is currently in the Senate Judiciary Committee, chaired by Sen. Tom Umberg, D-Santa Ana.

Opponents are urging the public to contact Umberg and committee member Sen. Ben Allen, D-Santa Monica, who is also running for insurance commissioner, to voice opposition.

Umberg can be reached at 916-651-4034 (Capitol) or 714-558-3785 (district), and Allen at 916-651-4024 (Capitol) or 310-414-8190 (district).