Democrats’ Bill Would Let Officials Charge Thousands and Sue Citizens for Requesting Public Records

A controversial bill advancing through the California Legislature would dramatically restrict public access to government records, allowing agencies to delay responses, impose high hourly fees, and even sue requesters they label as “malicious.”

Assembly Bill 1821, authored by Assemblymember Blanca Pacheco (D-Downey) and backed by the League of California Cities and the California State Association of Counties, seeks to overhaul the California Public Records Act (CPRA) in ways that transparency advocates say would make the state far less open to scrutiny. 

The bill would let agencies:

• Delay or reject requests deemed “improper,” including those filed outside business hours.
• Charge $22 to $66 per hour (or higher in some cases) for staff time spent searching, reviewing, and redacting records on “commercial” or high-volume requests.
• File lawsuits against requesters accused of “malicious intent,” with agencies able to recover legal costs.

Pacheco says the changes are necessary to combat frivolous and overwhelming requests, including those allegedly generated by AI tools. Local governments claim they are drowning in burdensome demands that divert resources from public services.

Critics, including the First Amendment Coalition, ACLU, and journalists, warn the bill would chill legitimate oversight and weaponize fees and litigation against watchdogs and the press. They argue existing law already allows agencies to reject truly burdensome requests, and the new provisions would further shield government from accountability.

The California Globe has directly experienced the challenges of obtaining public records under the current system. In 2021, a CPRA request filed on behalf of the Globe exposed secret meetings by members of the California Citizens Redistricting Commission. The documents revealed handwritten notes and discussions kept hidden from the public during the redistricting process. information that might have been even harder to uncover if agencies had the expanded tools to delay, charge fees, or litigate under AB 1821.

This latest proposal fits a broader pattern of Sacramento officials seeking to limit transparency.  The California Globe has repeatedly documented the Capitol’s culture of secrecy, including chronic delays and outright stonewalling on public records requests involving legislative leadership, closed-door budget negotiations, and high-level lobbying activities. From denied access to lawmakers’ calendars and travel records to heavily redacted documents on major policy deals, the Globe’s repeated attempts to obtain basic information from the Capitol have often been met with obstruction, excessive fees, and legal maneuvering, even under the current Public Records Act.

The bill passed the Assembly earlier and now faces scrutiny in the Senate. If enacted, it would represent one of the most significant rollbacks of Californians’ constitutional right to open government in decades.

The California Globe will continue to monitor AB 1821 and fight for full public access to records that belong to the people of California.