Senate Bill 790 – Contracts For Goods And Services Are Now Subject To The Public Records Act

CATEGORY: Public Education Matters
CLIENT TYPE: Public Employers
DATE: Dec 06, 2023

The California Public Records Act requires public records to be open to inspection at all times during the office hours of the state or local agency that retains those records, and provides that every person has a right to inspect any public record, except as provided.  The Act requires state and local agencies to make public records available upon receipt of a request for a copy that reasonably describes an identifiable record not otherwise exempt from disclosure, and upon payment of fees to cover costs.

SB 790 adds Section 7928.801 to the Government Code, which provides that any executed contract for the purchase of goods or services by a state or local agency, including the price and terms of payment, is a public record subject to disclosure under the California Public Records Act.  Any provision that purports to exclude a contract from disclosure by agreeing to consider it a confidential or proprietary record of the vendor is void and unenforceable as a matter of law.

(SB 790 adds Section 7928.801 to the Government Code.)

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