Statute · California Government Code

Cal. Gov't Code § 6204.3 — Public Records Protection and Recovery

Cal. Gov't Code § 6204.3

Type
Statute
Source
California Government Code
Jurisdiction
California
Date
2022-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) Notwithstanding any other provision of this chapter, an organization or institution having physical custody of a record shall be exempt from Sections 6204 to 6204.2, inclusive, if the organization or institution meets both of the following requirements:

Citator

Cal. Gov't Code § 6204.3 — Public Records Protection and Recovery is in force in the current edition of the Code, and nothing recorded condemns it.

(a) Notwithstanding any other provision of this chapter, an organization or institution having physical custody of a record shall be exempt from Sections 6204 to 6204.2, inclusive, if the organization or institution meets both of the following requirements:

(1) It follows professional practices recommended by the Society of American Archivists, as used by the archivist, for the management, care, and preservation of historical records.

(2) It requires that all records it receives or maintains are subject to inspection to the same extent that the records would be subject to inspection and not exempt from disclosure pursuant to Division 10 (commencing with Section 7920.000) if received or maintained by a public agency.

(b) If an organization or institution refuses public inspection of a record in its custody in violation of the requirements described in paragraph (2) of subdivision (a), the archivist or local agency, or a designated representative, shall contact the organization or institution to inform it of those requirements and, if appropriate, facilitate inspection of the record. If an organization or institution continues to deny public inspection consistent with paragraph (2) of subdivision (a), the secretary, on behalf of the archivist or the local agency may pursue recovery of the records under this chapter.