Public Records Bill
California Bill Introduces Steep Public Records Fees and 'Malicious Intent' Lawsuits, Raising Access Concerns
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A California bill could make government records far more expensive to get — and even allow agencies to sue the people who ask for them. Assembly Bill 1821, introduced by Assemblymember Blanca Pacheco (D-Downey), would charge up to $66.26 per hour for staff time spent on public records searches, and let agencies take requesters to court over what the bill calls "malicious intent," according to CalMatters.
Critics say the bill could gut California's 58-year-old Public Records Act. One legal expert warned it would make California "the most secretive state in the country," LAist reported. The bill passed the Assembly 43-15 on May 27, 2026, and is now headed toward a Senate Judiciary Committee hearing.
How a 'Minor Tweak' Became a Major Overhaul
Pacheco introduced AB 1821 in February 2026. Her original draft proposed new fees and longer response windows. After pushback from press freedom groups, she stripped out the most controversial parts to move the bill through the Assembly. Legislators who voted yes called it a "modest change" to ease the workload on government staff, according to CalMatters.
Then came the reversal. On June 10, Pacheco used a "gut and amend" move in the Senate to put the harshest provisions back in. Advocacy group Oakland Privacy called the rewrite "a virtual horror show of governmental non-transparency," GV Wire reported. The bill is now considered more restrictive than its original form.
The Fee Structure That Could Price Out Watchdogs
The June 10 amendments created a two-tier fee system. Government agencies could charge $22.35 per hour for basic staff time and $66.26 per hour for specialized work — adding up to roughly $88.61 per hour in total, according to The Oaklandside. Both rates would rise with cost-of-living increases each year.
Fees kick in when a single request takes more than 2 hours to process. They also apply if one person's requests exceed 10 hours of staff time in a single month, CalMatters reported. Small nonprofits, bloggers, and community activists — who rely on free access to hold government accountable — would likely be hit hardest.
Suing Citizens Over 'Malicious Intent' Draws Legal Alarm
The most alarming provision for civil liberties groups is the bill's "malicious intent" clause. It would let government agencies sue members of the public who file records requests deemed harmful or bad-faith. David Snyder of the First Amendment Coalition warned: "If you thought you could be hauled into court for simply asking for records... wouldn't you think twice? This ability of the government to sue would place an intolerable chill."
Legal analysts say California would be the first state in the country to let agencies proactively sue people over their intent in filing a records request, according to LAist. Some states have "vexatious requester" laws, but none go this far. Critics note the irony: a Democratic supermajority is pushing a bill that transparency advocates and some Republicans oppose on the same grounds.
Supporters Point to AI Bots and Bad-Faith Filers
Pacheco and her allies — including the League of California Cities and the California State Association of Counties — say the bill targets real abuse. One case involved a company that requested Bay Area officials' emails to train an AI tool it planned to sell back to local governments. Another involved a Fresno County requester who asked for five years of 911 records to clog the system, according to CalMatters.
Ben Adler of the California State Association of Counties said "the growing volume and complexity of requests creates real challenges for local governments — straining limited public resources." Pacheco called the bill's changes "minor tweaks" to help government "run efficiently." But transparency advocates say the cure is worse than the disease, and the Senate Judiciary Committee will soon decide who is right.
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