AB 1154, as introduced, Gray. The California Public Records Act: applications for licenses and licenses to carry firearms.
Existing law, the California Public Records Act, provides that public records are open to inspection at all times during the office hours of the state or local agency that retains those records, and every person has a right to inspect any public record, except as provided. However, existing law provides that nothing in the act shall be construed to require disclosure of information contained in an application for a license to carry a firearm that indicates when or where the applicant is vulnerable to attack or that concerns the applicant’s medical or psychological history or that of members of his or her family. Existing law also provides that the provisions shall not be construed to require disclosure of the home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set forth in applications for licenses or in licenses to carry firearms, as specified.
This bill would instead provide that the California Public Records Act shall not be construed to require the disclosure of the home addresses and telephone numbers of applicants that are set forth in applications to carry firearms or of licensees that are set forth in licenses to carry firearms, as specified. This bill would also prohibit this provision from being construed as prohibiting the disclosure of public records relating to the reason an application for a license to carry a firearm was granted or denied, as specified. Because this bill would increase the duties of county sheriffs and the chiefs or other heads of police departments that issue firearms license applications, this bill would impose a state-mandated local program.
This bill would also make technical, nonsubstantive changes to these provisions.
Existing constitutional provisions require that a statute that limits the right of access to public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 6254 of the Government Code is amended
Except as provided in Sections 6254.7 and 6254.13,
4 this chapter
begin delete does not require the disclosure ofend delete any of the
begin delete following recordsend delete:
7(a) Preliminary drafts, notes, or interagency or intra-agency
8memoranda that are not retained by the public agency in the
9ordinary course of business, if the public interest in withholding
10those records clearly outweighs the public interest in disclosure.
P3 1(b) Records pertaining to pending litigation to which the public
2agency is a party, or to claims made pursuant to Division 3.6
3(commencing with Section 810), until the pending litigation or
4claim has been finally adjudicated or otherwise settled.
5(c) Personnel, medical, or similar files, the disclosure of which
6would constitute an unwarranted invasion of personal privacy.
7(d) Contained in or related to any of the following:
8(1) Applications filed with any state agency responsible for the
9regulation or supervision of the issuance of securities or of financial
10institutions, including, but not limited to, banks, savings and loan
11associations, industrial loan companies, credit unions, and
13(2) Examination, operating, or condition reports prepared by,
14on behalf of, or for the use of, any state agency referred to in
16(3) Preliminary drafts, notes, or interagency or intra-agency
17communications prepared by, on behalf of, or for the use of, any
18state agency referred to in paragraph (1).
19(4) Information received in confidence by any state agency
20referred to in paragraph (1).
21(e) Geological and geophysical data, plant production data, and
22similar information relating to utility systems development, or
23market or crop reports, that are obtained in confidence from any
25(f) Records of complaints to, or investigations conducted by,
26or records of intelligence information or security procedures of,
27the office of the Attorney General and the Department of Justice,
28the Office of Emergency Services and any state or local police
29agency, or any investigatory or security files compiled by any other
30state or local police agency, or any investigatory or security files
31compiled by any other state or local agency for correctional, law
32enforcement, or licensing purposes. However, state and local law
33enforcement agencies shall disclose the names and addresses of
34persons involved in, or witnesses other than confidential informants
35to, the incident, the description of any property involved, the date,
36time, and location of the incident, all diagrams, statements of the
37parties involved in the incident, the statements of all witnesses,
38other than confidential informants, to the victims of an incident,
39or an authorized representative thereof, an insurance carrier against
40which a claim has been or might be made, and any person suffering
P4 1bodily injury or property damage or loss, as the result of the
2incident caused by arson, burglary, fire, explosion, larceny,
3robbery, carjacking, vandalism, vehicle theft, or a crime as defined
4by subdivision (b) of Section 13951, unless the disclosure would
5endanger the safety of a witness or other person involved in the
6investigation, or unless disclosure would endanger the successful
7completion of the investigation or a related investigation. However,
8nothing in this division shall require the disclosure of that portion
9of those investigative files that reflects the analysis or conclusions
10of the investigating officer.
11Customer lists provided to a state or local police agency by an
12alarm or security company at the request of the agency shall be
13construed to be records subject to this subdivision.
other provision of this subdivision, state
15and local law enforcement agencies shall make public the following
16information, except to the extent that disclosure of a particular
17item of information would endanger the safety of a person involved
18in an investigation or would endanger the successful completion
19of the investigation or a related investigation:
20(1) The full name and occupation of every individual arrested
21by the agency, the individual’s physical description including date
22of birth, color of eyes and hair, sex,
begin delete height andend delete weight, the
23time and date of arrest, the time and date of booking, the location
24of the arrest, the factual circumstances surrounding the arrest, the
25amount of bail set, the time and manner of release or the location
26where the individual is currently being held, and all charges the
27individual is being held upon, including any outstanding warrants
28from other jurisdictions and parole or probation holds.
29(2) Subject to the restrictions imposed by Section 841.5 of the
30Penal Code, the time, substance, and location of all complaints or
31requests for assistance received by the agency and the time and
32nature of the response thereto, including, to the extent the
33information regarding crimes alleged or committed or any other
34incident investigated is recorded, the time, date, and location of
35occurrence, the time and date of the report, the name and age of
36the victim, the factual circumstances surrounding the crime or
37incident, and a general description of any injuries, property, or
38weapons involved. The name of a victim of any crime defined by
39Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
40266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
P5 1286, 288, 288a, 288.2, 288.3 (as added by
begin delete Chapter 337 of the Section 6 of Proposition 83
2Statutes of 2006), 288.3 (as added byend delete
3of the November 7, 2006, statewide general election), 288.5, 288.7,
4289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
5be withheld at the victim’s request, or at the request of the victim’s
6parent or guardian if the victim is a minor. When a person is the
7victim of more than one crime, information disclosing that the
8person is a victim of a crime defined in any of the sections of the
9Penal Code set forth in this subdivision may be deleted at the
10request of the victim, or the victim’s parent or guardian if the
11victim is a minor, in making the report of the crime, or of any
12crime or incident accompanying the crime, available to the public
13in compliance with the requirements of this paragraph.
14(3) Subject to the restrictions of
Section 841.5 of the Penal Code
15and this subdivision, the current address of every individual
16arrested by the agency and the current address of the victim of a
17crime, where the requester declares under penalty of perjury that
18the request is made for a scholarly, journalistic, political, or
19governmental purpose, or that the request is made for investigation
20purposes by a licensed private investigator as described in Chapter
2111.3 (commencing with Section 7512) of Division 3 of the Business
22and Professions Code. However, the address of the victim of any
23crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
24265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
25273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
begin delete Chapter 337 of the Statutes of 2006), 288.3 (as added byend delete Section
276 of Proposition 83 of the November 7, 2006, statewide general
28election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
29of the Penal Code shall remain confidential. Address information
30obtained pursuant to this paragraph may not be used directly or
31indirectly, or furnished to another, to sell a product or service to
32any individual or group of individuals, and the requester shall
33execute a declaration to that effect under penalty of perjury.
34Nothing in this paragraph shall be construed to prohibit or limit a
35scholarly, journalistic, political, or government use of address
36information obtained pursuant to this paragraph.
37(g) Test questions, scoring keys, and other examination data
38used to administer a licensing examination, examination for
39employment, or academic examination, except as provided for in
P6 1Chapter 3 (commencing with Section 99150) of Part 65 of Division
214 of Title 3 of the Education Code.
3(h) The contents of real estate appraisals or engineering or
4feasibility estimates and evaluations made for or by the state or
5local agency relative to the acquisition of property, or to
6prospective public supply and construction contracts, until all of
7the property has been acquired or all of the contract agreement
8obtained. However, the law of eminent domain shall not be affected
9by this provision.
10(i) Information required from any taxpayer in connection with
11the collection of local taxes that is received in confidence and the
12disclosure of the information to other persons would result in unfair
13competitive disadvantage to the person supplying the information.
14(j) Library circulation records kept for the purpose of identifying
15the borrower of items available in libraries, and library and museum
16materials made or acquired and presented solely for reference or
17exhibition purposes. The exemption in this subdivision shall not
18apply to records of fines imposed on the borrowers.
19(k) Records, the disclosure of which is exempted or prohibited
20pursuant to federal or state law, including, but not limited to,
21provisions of the Evidence Code relating to privilege.
22(l) Correspondence of and to the Governor or employees of the
23Governor’s office or in the custody of or maintained by the
24Governor’s Legal Affairs Secretary. However, public records shall
25not be transferred to the custody of the Governor’s Legal Affairs
26Secretary to evade the disclosure provisions of this chapter.
27(m) In the custody of or maintained by the Legislative Counsel,
28except those records in the public database maintained by the
29Legislative Counsel that are described in Section 10248.
30(n) Statements of personal worth or personal financial data
31 required by a licensing agency and filed by an applicant with the
32licensing agency to establish his or her personal qualification for
33the license, certificate, or permit applied for.
34(o) Financial data contained in applications for financing under
35Division 27 (commencing with Section 44500) of the Health and
36Safety Code, where an authorized officer of the California Pollution
37Control Financing Authority determines that disclosure of the
38financial data would be competitively injurious to the applicant
39and the data is required in order to obtain guarantees from the
40United States Small Business Administration. The California
P7 1Pollution Control Financing Authority shall adopt rules for review
2of individual requests for confidentiality under this section and for
3making available to the public those portions of an application that
4are subject to disclosure under this chapter.
of state agencies related to activities governed by
6Chapter 10.3 (commencing with Section 3512), Chapter 10.5
7(commencing with Section 3525), and Chapter 12 (commencing
8with Section 3560) of Division 4, that reveal a state agency’s
9deliberative processes, impressions, evaluations, opinions,
10recommendations, meeting minutes, research, work products,
11theories, or strategy, or that provide instruction, advice, or training
12to employees who do not have full collective bargaining and
13representation rights under these chapters. Nothing in this
14subdivision shall be construed to limit the disclosure duties of a
15state agency with respect to any other records relating to the
16activities governed by the employee relations acts referred to in
18(q) (1) Records of state agencies related to activities governed
19by Article 2.6 (commencing with Section 14081), Article 2.8
20(commencing with Section 14087.5), and Article 2.91
21 (commencing with Section 14089) of Chapter 7 of Part 3 of
22Division 9 of the Welfare and Institutions Code, that reveal the
23special negotiator’s deliberative processes, discussions,
24communications, or any other portion of the negotiations with
25providers of health care services, impressions, opinions,
26recommendations, meeting minutes, research, work product,
27theories, or strategy, or that provide instruction, advice, or training
29(2) Except for the portion of a contract containing the rates of
30payment, contracts for inpatient services entered into pursuant to
31these articles, on or after April 1, 1984, shall be open to inspection
32one year after they are fully executed. If a contract for inpatient
33services that is entered into prior to April 1, 1984, is amended on
34or after April 1, 1984, the amendment, except for any portion
35containing the rates of payment, shall be open to inspection one
36year after it is fully executed. If the California Medical Assistance
37Commission enters into contracts with health care providers for
38other than inpatient hospital services, those contracts shall be open
39to inspection one year after they are fully executed.
P8 1(3) Three years after a contract or amendment is open to
2inspection under this subdivision, the portion of the contract or
3amendment containing the rates of payment shall be open to
5(4) Notwithstanding any other law, the entire contract or
6amendment shall be open to inspection by the Joint Legislative
7Audit Committee and the Legislative Analyst’s Office. The
8committee and that office shall maintain the confidentiality of the
9contracts and amendments until the time a contract or amendment
10is fully open to inspection by the public.
11(r) Records of Native American graves, cemeteries, and sacred
12 places and records of Native American places, features, and objects
13described in Sections 5097.9 and 5097.993 of the Public Resources
14Code maintained by, or in the possession of, the Native American
15Heritage Commission, another state agency, or a local agency.
16(s) A final accreditation report of the Joint Commission on
17Accreditation of Hospitals that has been transmitted to the State
18Department of Health Care Services pursuant to subdivision (b)
19of Section 1282 of the Health and Safety Code.
20(t) Records of a local hospital district, formed pursuant to
21Division 23 (commencing with Section 32000) of the Health and
22Safety Code, or the records of a municipal hospital, formed
23pursuant to Article 7 (commencing with Section 37600) or Article
248 (commencing with Section 37650) of Chapter 5 of Part 2 of
25Division 3 of Title 4 of this code, that relate to any contract with
26an insurer or nonprofit hospital service plan for inpatient or
27outpatient services for alternative rates pursuant to Section 10133
28of the Insurance Code. However, the record shall be open to
29inspection within one year after the contract is fully executed.
30(u) (1) Information contained in applications for licenses to
31carry firearms issued pursuant to Section 26150, 26155, 26170,
32or 26215 of the Penal Code by the sheriff of a county or the chief
33or other head of a municipal police department that indicates when
34or where the applicant is vulnerable to attack or that concerns the
35applicant’s medical or psychological history or that of members
36of his or her family.
37(2) The home
begin delete addressend delete
and telephone begin delete number of
38prosecutors, public defenders, peace officers, judges, court
39commissioners, and magistratesend delete
40forth in applications for licenses to carry firearms issued pursuant
P9 1to Section 26150, 26155, 26170, or 26215 of the Penal Code by
2the sheriff of a county or the chief or other head of a municipal
4(3) The home
begin delete addressend delete and telephone begin delete number of
that are set
5prosecutors, public defenders, peace officers, judges, court
6commissioners, and magistratesend delete
7forth in licenses to carry firearms issued pursuant to Section 26150,
826155, 26170, or 26215 of the Penal Code by the sheriff of a
9county or the chief or other head of a municipal police department.
14(v) (1) Records of the Managed Risk Medical Insurance Board
begin delete and the State Department of Health Care Servicesend delete related
16to activities governed by Part 6.3 (commencing with Section
1712695), Part 6.5 (commencing with Section 12700), Part 6.6
18(commencing with Section 12739.5), or Part 6.7 (commencing
19with Section 12739.70) of Division 2 of the Insurance Code,
begin delete or and that reveal any of the following:
20Chapter 2 (commencing with Section 15810) or Chapter 4
21(commencing with Section 15870) of Part 3.3 of Division 9 of the
22Welfare and Institutions Code,end delete
23(A) The deliberative processes, discussions, communications,
24or any other portion of the negotiations with entities contracting
25or seeking to contract with the
begin delete board or the department,end delete
26 entities with which the board
begin delete or the departmentend delete is considering a
27contract, or entities with which the board or department is
28considering or enters into any other arrangement under which the
begin delete or the departmentend delete provides, receives, or arranges services
31(B) The impressions, opinions, recommendations, meeting
32minutes, research, work product, theories, or strategy of the board
begin delete staff
or the department or itsend delete
34instructions, advice, or training to their employees.
35(2) (A) Except for the portion of a contract that contains the
36rates of payment, contracts entered into pursuant to Part 6.3
37(commencing with Section 12695), Part 6.5 (commencing with
38Section 12700), Part 6.6 (commencing with Section 12739.5), or
39Part 6.7 (commencing with Section 12739.70) of Division 2 of the
begin delete or Chapter 2 (commencing with Section 15810) on or after July
P10 1or Chapter 4 (commencing with Section 15870) of Part 3.3 of
2Division 9 of the Welfare and Institutions Code,end delete
31, 1991, shall be open to inspection one year after their effective
5(B) If a contract that is entered into prior to July 1, 1991, is
6amended on or after July 1, 1991, the amendment, except for any
7portion containing the rates of payment, shall be open to inspection
8one year after the effective date of the amendment.
9(3) Three years after a contract or amendment is open to
10inspection pursuant to this subdivision, the portion of the contract
11or amendment containing the rates of payment shall be open to
13(4) Notwithstanding any other law, the entire contract or
14amendments to a contract shall be open to inspection by the Joint
15Legislative Audit Committee. The committee shall maintain the
16confidentiality of the contracts and amendments thereto, until the
17contracts or amendments to the contracts are open to inspection
18pursuant to paragraph (3).
19(w) (1) Records of the Managed Risk Medical Insurance Board
20related to activities governed by Chapter 8 (commencing with
21Section 10700) of Part 2 of Division 2 of the Insurance Code, and
22that reveal the deliberative processes, discussions, communications,
23or any other portion of the negotiations with health plans, or the
24impressions, opinions, recommendations, meeting minutes,
25research, work product, theories, or strategy of the board or its
26staff, or records that provide instructions, advice, or training to
28(2) Except for the portion of a contract that contains the rates
29of payment, contracts for health coverage entered into pursuant to
30Chapter 8 (commencing with Section 10700) of Part 2 of Division
312 of the Insurance Code, on or after January 1, 1993, shall be open
32to inspection one year after they have been fully executed.
33(3) Notwithstanding any other law, the entire contract or
34amendments to a contract shall be open to inspection by the Joint
35Legislative Audit Committee. The committee shall maintain the
36confidentiality of the contracts and amendments thereto, until the
37contracts or amendments to the contracts are open to inspection
38pursuant to paragraph (2).
39(x) Financial data contained in applications for registration, or
40registration renewal, as a service contractor filed with the Director
P11 1of Consumer Affairs pursuant to Chapter 20 (commencing with
2Section 9800) of Division 3 of the Business and Professions Code,
3for the purpose of establishing the service contractor’s net worth,
4or financial data regarding the funded accounts held in escrow for
5service contracts held in force in this state by a service contractor.
6(y) (1) Records of the Managed Risk Medical Insurance Board
begin delete and the State Department of Health Care Servicesend delete related
8activities governed by Part 6.2 (commencing with Section 12693)
9or Part 6.4 (commencing with Section 12699.50) of Division 2 of
begin delete Code or Sections 14005.26 and 14005.27
11Chapter 3 (commencing with Section 15850) of Part 3.3 of Division
129 of, the Welfare and Institutions Code, if the records revealend delete
14(A) The deliberative processes, discussions, communications,
15or any other portion of the negotiations with entities contracting
16or seeking to contract with the
begin delete board or the department,end delete
17 entities with which the board
begin delete or departmentend delete is considering a
18contract, or entities with which the board
begin delete or departmentend delete
19considering or enters into any other arrangement under which the
begin delete or departmentend delete provides, receives, or arranges services or
22(B) The impressions, opinions, recommendations, meeting
23minutes, research, work product, theories, or strategy of the board
24or its staff, or
begin delete the department or its staff, orend delete records that provide
25instructions, advice, or training to employees.
26(2) (A) Except for the portion of a contract that contains the
27rates of payment, contracts entered into pursuant to Part 6.2
28(commencing with Section 12693) or Part 6.4 (commencing with
29Section 12699.50) of Division 2 of the Insurance Code, on or after
30January 1, 1998,
begin delete or Sections 14005.26 and 14005.27 of, or Chapter
shall be open to inspection one
313 (commencing with Section 15850) of Part 3.3 of Division 9 of,
32the Welfare and Institutions Codeend delete
33year after their effective dates.
34(B) If a contract entered into pursuant to Part 6.2 (commencing
35with Section 12693) or Part 6.4 (commencing with Section
3612699.50) of Division 2 of the Insurance Code or Sections
3714005.26 and 14005.27 of, or Chapter 3 (commencing with Section
3815850) of Part 3.3 of Division 9 of, the Welfare and Institutions
39Code, is amended, the amendment shall be open to inspection one
40year after the effective date of the amendment.
P12 1(3) Three years after a contract or amendment is open to
2inspection pursuant to this subdivision, the portion of the contract
3or amendment containing the rates of payment shall be open to
5(4) Notwithstanding any other law, the entire contract or
6amendments to a contract shall be open to inspection by the Joint
7 Legislative Audit Committee. The committee shall maintain the
8confidentiality of the contracts and amendments thereto until the
9contract or amendments to a contract are open to inspection
10pursuant to paragraph (2) or (3).
11(5) The exemption from disclosure provided pursuant to this
12subdivision for the contracts, deliberative processes, discussions,
13communications, negotiations, impressions, opinions,
14recommendations, meeting minutes, research, work product,
15theories, or strategy of the board or its
begin delete staff, or the department or shall also apply to the contracts, deliberative
16its staff,end delete
17processes, discussions, communications, negotiations, impressions,
18opinions, recommendations, meeting minutes, research, work
19product, theories, or strategy of applicants pursuant to Part 6.4
20(commencing with Section 12699.50) of Division 2 of the
begin delete Code or Chapter 3 (commencing with Section 15850)
22of Part 3.3 of Division 9 of the Welfare and Institutionsend delete
23(z) Records obtained pursuant to paragraph (2) of subdivision
24(f) of Section 2891.1 of the Public Utilities Code.
25(aa) A document prepared by or for a state or local agency that
26assesses its vulnerability to terrorist attack or other criminal acts
27intended to disrupt the public agency’s operations and that is for
28distribution or consideration in a closed session.
29(ab) Critical infrastructure information, as defined in Section
30131(3) of Title 6 of the United States Code, that is voluntarily
31submitted to the
begin delete California Emergency Management Agencyend delete for use by that office, including
33of the person who or entity that voluntarily submitted the
34information. As used in this subdivision, “voluntarily submitted”
35means submitted in the absence of the office exercising any legal
36authority to compel access to or submission of critical infrastructure
37information. This subdivision shall not affect the status of
38information in the possession of any other state or local
P13 1(ac) All information provided to the Secretary of State by a
2person for the purpose of registration in the Advance Health Care
3Directive Registry, except that those records shall be released at
4the request of a health care provider, a public guardian, or the
5registrant’s legal representative.
6(ad) The following records of the State Compensation Insurance
8(1) Records related to claims pursuant to Chapter
9(commencing with Section 3200) of Division 4 of the Labor Code,
10to the extent that confidential medical information or other
11individually identifiable information would be disclosed.
12(2) Records related to the discussions, communications, or any
13other portion of the negotiations with entities contracting or seeking
14to contract with the fund, and any related deliberations.
15(3) Records related to the impressions, opinions,
16recommendations, meeting minutes of meetings or sessions that
17are lawfully closed to the public, research, work product, theories,
18or strategy of the fund or its staff, on the development of rates,
19contracting strategy, underwriting, or competitive strategy pursuant
20to the powers granted to the fund in Chapter 4 (commencing with
21Section 11770) of Part 3 of Division 2 of the Insurance Code.
22(4) Records obtained to provide workers’ compensation
23insurance under Chapter 4 (commencing with Section 11770) of
24Part 3 of Division 2 of the Insurance Code, including, but not
25limited to, any medical claims information, policyholder
begin delete informationend delete provided that nothing in this paragraph
27shall be interpreted to prevent an insurance agent or broker from
28obtaining proprietary information or other information authorized
29by law to be obtained by the agent or broker, and information on
30rates, pricing, and claims handling received from brokers.
31(5) (A) Records that are trade secrets pursuant to Section
326276.44, or Article 11 (commencing with Section 1060) of Chapter
334 of Division 8 of the Evidence Code,
begin delete includingend delete without
34limitation, instructions, advice, or training provided by the State
35Compensation Insurance Fund to its board members, officers, and
36employees regarding the fund’s special investigation unit, internal
37audit unit, and informational security, marketing, rating, pricing,
38underwriting, claims handling, audits, and collections.
39(B) Notwithstanding subparagraph (A), the portions of records
40containing trade secrets shall be available for review by the Joint
P14 1Legislative Audit Committee, the
begin delete Bureau of State Audits,end delete
2 Division of Workers’
3Compensation, and the Department of Insurance to ensure
4compliance with applicable law.
5(6) (A) Internal audits containing proprietary information and
6the following records that are related to an internal audit:
7(i) Personal papers and correspondence of
any person providing
8assistance to the fund when that person has requested in writing
9that his or her papers and correspondence be kept private and
10confidential. Those papers and correspondence shall become public
11records if the written request is withdrawn, or upon order of the
13(ii) Papers, correspondence, memoranda, or any substantive
14information pertaining to any audit not completed or an internal
15audit that contains proprietary information.
16(B) Notwithstanding subparagraph (A), the portions of records
17containing proprietary information, or any information specified
18in subparagraph (A) shall be available for review by the Joint
19Legislative Audit Committee, the
begin delete Bureau of State Audits,end delete
20 Division of Workers’
21Compensation, and the Department of Insurance to ensure
22compliance with applicable law.
23(7) (A) Except as provided in subparagraph (C), contracts
24entered into pursuant to Chapter 4 (commencing with Section
2511770) of Part 3 of Division 2 of the Insurance Code shall be open
26to inspection one year after the contract has been fully executed.
27(B) If a contract entered into pursuant to Chapter 4 (commencing
28with Section 11770) of Part 3 of Division 2 of the Insurance Code
29is amended, the amendment shall be open to inspection one year
30after the amendment has been fully executed.
31(C) Three years after a contract or amendment is open to
32inspection pursuant to this subdivision, the portion of the contract
33or amendment containing the rates of payment shall be open to
35(D) Notwithstanding any other law, the entire contract or
36amendments to a contract shall be open to inspection by the Joint
37Legislative Audit Committee. The committee shall maintain the
38confidentiality of the contracts and amendments thereto until the
39contract or amendments to a contract are open to inspection
40pursuant to this paragraph.
P15 1(E) This paragraph is not intended to apply to documents related
2to contracts with public entities that are not otherwise expressly
3confidential as to that public entity.
4(F) For purposes of this paragraph, “fully executed” means the
5point in time when all of the necessary parties to the contract have
6signed the contract.
7This section shall not prevent any agency from opening its
8records concerning the administration of the agency to public
9inspection, unless disclosure is otherwise prohibited by law.
10This section shall not prevent any health facility from disclosing
11to a certified bargaining agent relevant financing information
12pursuant to Section 8 of the National Labor Relations Act (29
13U.S.C. Sec. 158).
The Legislature finds and declares that this act imposes
15a limitation on the public’s right of access to the meetings of public
16bodies or the writings of public officials and agencies within the
17meaning of Section 3 of Article I of the California Constitution.
18Pursuant to that constitutional provision, the Legislature makes
19the following finding to demonstrate the interest protected by this
20limitation and the need for protecting the interest:
21In order to prevent crimes against applicants for licenses to carry
22firearms and persons who are licensed to carry firearms, it is
23necessary that this act take effect.
The Legislature finds and declares that Section 1 of
25this act, which amends Section 6254 of the Government Code,
26furthers, within the meaning of paragraph (7) of subdivision (b)
27of Section 3 of Article I of the California Constitution, the purposes
28of that constitutional section as it relates to the right of public
29access to the meetings of local public bodies or the writings of
30local public officials and local agencies. Pursuant to paragraph (7)
31of subdivision (b) of Section 3 of Article I of the California
32Constitution, the Legislature makes the following findings:
33The limitations imposed by this act establish a necessary balance
34between the right of the people to access information contained in
35public records and the legitimate security interests of people
36applying for, and holding, a license to carry firearms.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution because
39the only costs that may be incurred by a local agency or school
40district under this act would result from a legislative mandate that
P16 1is within the scope of paragraph (7) of subdivision (b) of Section
23 of Article I of the California Constitution.