Amended in Assembly April 23, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1154


Introduced by Assembly Member Gray

February 27, 2015


An act to amend Section 6254 of the Government Code, relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

AB 1154, as amended, 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 ofbegin delete the home addressesend deletebegin insert home address information, as specified,end insert 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:

P2    1

SECTION 1.  

Section 6254 of the Government Code is amended
2to read:

3

6254.  

Except as provided in Sections 6254.7 and 6254.13,
4nothing in this chapter shall be construed to require the disclosure
5of records that are any of the following:

6(a) Preliminary drafts, notes, or interagency or intra-agency
7memoranda that are not retained by the public agency in the
P3    1ordinary course of business, if the public interest in withholding
2those records clearly outweighs the public interest in disclosure.

3(b) Records pertaining to pending litigation to which the public
4agency is a party, or to claims made pursuant to Division 3.6
5(commencing with Section 810), until the pending litigation or
6claim has been finally adjudicated or otherwise settled.

7(c) Personnel, medical, or similar files, the disclosure of which
8would constitute an unwarranted invasion of personal privacy.

9(d) Contained in or related to any of the following:

10(1) Applications filed with any state agency responsible for the
11regulation or supervision of the issuance of securities or of financial
12institutions, including, but not limited to, banks, savings and loan
13associations, industrial loan companies, credit unions, and
14insurance companies.

15(2) Examination, operating, or condition reports prepared by,
16on behalf of, or for the use of, any state agency referred to in
17paragraph (1).

18(3) Preliminary drafts, notes, or interagency or intra-agency
19communications prepared by, on behalf of, or for the use of, any
20state agency referred to in paragraph (1).

21(4) Information received in confidence by any state agency
22referred to in paragraph (1).

23(e) Geological and geophysical data, plant production data, and
24similar information relating to utility systems development, or
25market or crop reports, that are obtained in confidence from any
26person.

27(f) Records of complaints to, or investigations conducted by,
28or records of intelligence information or security procedures of,
29the office of the Attorney General and the Department of Justice,
30the Office of Emergency Services and any state or local police
31agency, or any investigatory or security files compiled by any other
32state or local police agency, or any investigatory or security files
33compiled by any other state or local agency for correctional, law
34enforcement, or licensing purposes. However, state and local law
35enforcement agencies shall disclose the names and addresses of
36persons involved in, or witnesses other than confidential informants
37to, the incident, the description of any property involved, the date,
38time, and location of the incident, all diagrams, statements of the
39parties involved in the incident, the statements of all witnesses,
40other than confidential informants, to the victims of an incident,
P4    1or an authorized representative thereof, an insurance carrier against
2which a claim has been or might be made, and any person suffering
3bodily injury or property damage or loss, as the result of the
4incident caused by arson, burglary, fire, explosion, larceny,
5robbery, carjacking, vandalism, vehicle theft, or a crime as defined
6by subdivision (b) of Section 13951, unless the disclosure would
7endanger the safety of a witness or other person involved in the
8investigation, or unless disclosure would endanger the successful
9completion of the investigation or a related investigation. However,
10nothing in this division shall require the disclosure of that portion
11of those investigative files that reflects the analysis or conclusions
12of the investigating officer.

13Customer lists provided to a state or local police agency by an
14alarm or security company at the request of the agency shall be
15construed to be records subject to this subdivision.

16Notwithstanding any other provision of this subdivision, state
17and local law enforcement agencies shall make public the following
18information, except to the extent that disclosure of a particular
19item of information would endanger the safety of a person involved
20in an investigation or would endanger the successful completion
21of the investigation or a related investigation:

22(1) The full name and occupation of every individual arrested
23by the agency, the individual’s physical description including date
24of birth, color of eyes and hair, sex, height, weight, the time and
25date of arrest, the time and date of booking, the location of the
26arrest, the factual circumstances surrounding the arrest, the amount
27of bail set, the time and manner of release or the location where
28the individual is currently being held, and all charges the individual
29is being held upon, including any outstanding warrants from other
30jurisdictions and parole or probation holds.

31(2) Subject to the restrictions imposed by Section 841.5 of the
32Penal Code, the time, substance, and location of all complaints or
33requests for assistance received by the agency and the time and
34nature of the response thereto, including, to the extent the
35information regarding crimes alleged or committed or any other
36incident investigated is recorded, the time, date, and location of
37occurrence, the time and date of the report, the name and age of
38the victim, the factual circumstances surrounding the crime or
39incident, and a general description of any injuries, property, or
40weapons involved. The name of a victim of any crime defined by
P5    1Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
2266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
3286, 288, 288a, 288.2, 288.3 (as added by Section 6 of Proposition
483 of the November 7, 2006, statewide general election), 288.5,
5288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code
6may be withheld at the victim’s request, or at the request of the
7victim’s parent or guardian if the victim is a minor. When a person
8is the victim of more than one crime, information disclosing that
9the person is a victim of a crime defined in any of the sections of
10the Penal Code set forth in this subdivision may be deleted at the
11request of the victim, or the victim’s parent or guardian if the
12victim is a minor, in making the report of the crime, or of any
13crime or incident accompanying the crime, available to the public
14in compliance with the requirements of this paragraph.

15(3) Subject to the restrictions of Section 841.5 of the Penal Code
16and this subdivision, the current address of every individual
17arrested by the agency and the current address of the victim of a
18crime, where the requester declares under penalty of perjury that
19the request is made for a scholarly, journalistic, political, or
20governmental purpose, or that the request is made for investigation
21purposes by a licensed private investigator as described in Chapter
2211.3 (commencing with Section 7512) of Division 3 of the Business
23and Professions Code. However, the address of the victim of any
24crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
25265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
26273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by 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.

5(p) Records 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
17this subdivision.

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
28to employees.

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
4inspection.

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 begin delete home addresses andend delete telephone numbersbegin insert and home
38address information, except for city and ZIP Code information,end insert
of
39applicants that are set forth in applications for licenses to carry
40firearms issued pursuant to Section 26150, 26155, 26170, or 26215
P9    1of the Penal Code by the sheriff of a county or the chief or other
2head of a municipal police department.

3(3) Thebegin delete home addresses andend delete telephone numbersbegin insert and home
4address information, except for city and ZIP Code information,end insert
of
5licensees that are set forth in licenses to carry firearms issued
6pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
7Code by the sheriff of a county or the chief or other head of a
8municipal police department.

9(4) This section shall not be construed as prohibiting the
10disclosure of public records relating to the reason an application
11for a license to carry a firearm pursuant to Section 26150, 26155,
1226170, or 26215 of the Penal Code was granted or denied.

13(v) (1) Records of the Managed Risk Medical Insurance Board
14 that are related to activities governed by Part 6.3 (commencing
15with Section 12695), Part 6.5 (commencing with Section 12700),
16Part 6.6 (commencing with Section 12739.5), or Part 6.7
17(commencing with Section 12739.70) of Division 2 of the
18Insurance Code, and that reveal any of the following:

19(A) The deliberative processes, discussions, communications,
20or any other portion of the negotiations with entities contracting
21or seeking to contract with the board, entities with which the board
22is considering a contract, or entities with which the board or
23department is considering or enters into any other arrangement
24under which the board provides, receives, or arranges services or
25reimbursement.

26(B) The impressions, opinions, recommendations, meeting
27minutes, research, work product, theories, or strategy of the board
28or its staff, or records that provide instructions, advice, or training
29to their employees.

30(2) (A) Except for the portion of a contract that contains the
31rates of payment, contracts entered into pursuant to Part 6.3
32(commencing with Section 12695), Part 6.5 (commencing with
33Section 12700), Part 6.6 (commencing with Section 12739.5), or
34Part 6.7 (commencing with Section 12739.70) of Division 2 of the
35Insurance Code, on or after July 1, 1991, shall be open to inspection
36one year after their effective dates.

37(B) If a contract that is entered into prior to July 1, 1991, is
38amended on or after July 1, 1991, the amendment, except for any
39portion containing the rates of payment, shall be open to inspection
40one year after the effective date of the amendment.

P10   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
4inspection.

5(4) Notwithstanding any other law, the entire contract or
6amendments to a contract shall be open to inspection by the Joint
7Legislative Audit Committee. The committee shall maintain the
8confidentiality of the contracts and amendments thereto, until the
9contracts or amendments to the contracts are open to inspection
10pursuant to paragraph (3).

11(w) (1) Records of the Managed Risk Medical Insurance Board
12related to activities governed by Chapter 8 (commencing with
13Section 10700) of Part 2 of Division 2 of the Insurance Code, and
14that reveal the deliberative processes, discussions, communications,
15or any other portion of the negotiations with health plans, or the
16impressions, opinions, recommendations, meeting minutes,
17research, work product, theories, or strategy of the board or its
18staff, or records that provide instructions, advice, or training to
19employees.

20(2) Except for the portion of a contract that contains the rates
21of payment, contracts for health coverage entered into pursuant to
22Chapter 8 (commencing with Section 10700) of Part 2 of Division
232 of the Insurance Code, on or after January 1, 1993, shall be open
24to inspection one year after they have been fully executed.

25(3) Notwithstanding any other law, the entire contract or
26amendments to a contract shall be open to inspection by the Joint
27Legislative Audit Committee. The committee shall maintain the
28confidentiality of the contracts and amendments thereto, until the
29contracts or amendments to the contracts are open to inspection
30pursuant to paragraph (2).

31(x) Financial data contained in applications for registration, or
32registration renewal, as a service contractor filed with the Director
33of Consumer Affairs pursuant to Chapter 20 (commencing with
34Section 9800) of Division 3 of the Business and Professions Code,
35for the purpose of establishing the service contractor’s net worth,
36or financial data regarding the funded accounts held in escrow for
37service contracts held in force in this state by a service contractor.

38(y) (1) Records of the Managed Risk Medical Insurance Board
39related to activities governed by Part 6.2 (commencing with Section
4012693) or Part 6.4 (commencing with Section 12699.50) of
P11   1Division 2 of the Insurance Code, and that reveal any of the
2following:

3(A) The deliberative processes, discussions, communications,
4or any other portion of the negotiations with entities contracting
5or seeking to contract with the board, entities with which the board
6is considering a contract, or entities with which the board is
7considering or enters into any other arrangement under which the
8board provides, receives, or arranges services or reimbursement.

9(B) The impressions, opinions, recommendations, meeting
10minutes, research, work product, theories, or strategy of the board
11or its staff, or records that provide instructions, advice, or training
12to employees.

13(2) (A) Except for the portion of a contract that contains the
14rates of payment, contracts entered into pursuant to Part 6.2
15(commencing with Section 12693) or Part 6.4 (commencing with
16Section 12699.50) of Division 2 of the Insurance Code, on or after
17January 1, 1998, shall be open to inspection one year after their
18effective dates.

19(B) If a contract entered into pursuant to Part 6.2 (commencing
20with Section 12693) or Part 6.4 (commencing with Section
2112699.50) of Division 2 of the Insurance Code or Sections
2214005.26 and 14005.27 of, or Chapter 3 (commencing with Section
2315850) of Part 3.3 of Division 9 of, the Welfare and Institutions
24Code, is amended, the amendment shall be open to inspection one
25year after the effective date of the amendment.

26(3) Three years after a contract or amendment is open to
27inspection pursuant to this subdivision, the portion of the contract
28or amendment containing the rates of payment shall be open to
29inspection.

30(4) Notwithstanding any other law, the entire contract or
31amendments to a contract shall be open to inspection by the Joint
32 Legislative Audit Committee. The committee shall maintain the
33confidentiality of the contracts and amendments thereto until the
34contract or amendments to a contract are open to inspection
35pursuant to paragraph (2) or (3).

36(5) The exemption from disclosure provided pursuant to this
37subdivision for the contracts, deliberative processes, discussions,
38communications, negotiations, impressions, opinions,
39recommendations, meeting minutes, research, work product,
40theories, or strategy of the board or its staff shall also apply to the
P12   1contracts, deliberative processes, discussions, communications,
2negotiations, impressions, opinions, recommendations, meeting
3minutes, research, work product, theories, or strategy of applicants
4pursuant to Part 6.4 (commencing with Section 12699.50) of
5Division 2 of the Insurance Code.

6(z) Records obtained pursuant to paragraph (2) of subdivision
7(f) of Section 2891.1 of the Public Utilities Code.

8(aa) A document prepared by or for a state or local agency that
9assesses its vulnerability to terrorist attack or other criminal acts
10intended to disrupt the public agency’s operations and that is for
11distribution or consideration in a closed session.

12(ab) Critical infrastructure information, as defined in Section
13131(3) of Title 6 of the United States Code, that is voluntarily
14submitted to the Office of Emergency Services for use by that
15office, including the identity of the person who or entity that
16voluntarily submitted the information. As used in this subdivision,
17“voluntarily submitted” means submitted in the absence of the
18office exercising any legal authority to compel access to or
19submission of critical infrastructure information. This subdivision
20shall not affect the status of information in the possession of any
21other state or local governmental agency.

22(ac) All information provided to the Secretary of State by a
23person for the purpose of registration in the Advance Health Care
24Directive Registry, except that those records shall be released at
25the request of a health care provider, a public guardian, or the
26registrant’s legal representative.

27(ad) The following records of the State Compensation Insurance
28Fund:

29(1) Records related to claims pursuant to Chapter 1
30(commencing with Section 3200) of Division 4 of the Labor Code,
31to the extent that confidential medical information or other
32individually identifiable information would be disclosed.

33(2) Records related to the discussions, communications, or any
34other portion of the negotiations with entities contracting or seeking
35to contract with the fund, and any related deliberations.

36(3) Records related to the impressions, opinions,
37recommendations, meeting minutes of meetings or sessions that
38are lawfully closed to the public, research, work product, theories,
39or strategy of the fund or its staff, on the development of rates,
40contracting strategy, underwriting, or competitive strategy pursuant
P13   1to the powers granted to the fund in Chapter 4 (commencing with
2Section 11770) of Part 3 of Division 2 of the Insurance Code.

3(4) Records obtained to provide workers’ compensation
4insurance under Chapter 4 (commencing with Section 11770) of
5Part 3 of Division 2 of the Insurance Code, including, but not
6limited to, any medical claims information, policyholder
7 information, provided that nothing in this paragraph shall be
8interpreted to prevent an insurance agent or broker from obtaining
9proprietary information or other information authorized by law to
10be obtained by the agent or broker, and information on rates,
11pricing, and claims handling received from brokers.

12(5) (A) Records that are trade secrets pursuant to Section
136276.44, or Article 11 (commencing with Section 1060) of Chapter
144 of Division 8 of the Evidence Code, including, without limitation,
15instructions, advice, or training provided by the State Compensation
16Insurance Fund to its board members, officers, and employees
17regarding the fund’s special investigation unit, internal audit unit,
18and informational security, marketing, rating, pricing, underwriting,
19claims handling, audits, and collections.

20(B) Notwithstanding subparagraph (A), the portions of records
21containing trade secrets shall be available for review by the Joint
22Legislative Audit Committee, the California State Auditor’s Office,
23Division of Workers’ Compensation, and the Department of
24Insurance to ensure compliance with applicable law.

25(6) (A) Internal audits containing proprietary information and
26the following records that are related to an internal audit:

27(i) Personal papers and correspondence of any person providing
28assistance to the fund when that person has requested in writing
29that his or her papers and correspondence be kept private and
30confidential. Those papers and correspondence shall become public
31records if the written request is withdrawn, or upon order of the
32fund.

33(ii) Papers, correspondence, memoranda, or any substantive
34information pertaining to any audit not completed or an internal
35audit that contains proprietary information.

36(B) Notwithstanding subparagraph (A), the portions of records
37containing proprietary information, or any information specified
38in subparagraphbegin delete (A)end deletebegin insert (A),end insert shall be available for review by the Joint
39Legislative Audit Committee, the California State Auditor’s Office,
P14   1Division of Workers’ Compensation, and the Department of
2Insurance to ensure compliance with applicable law.

3(7) (A) Except as provided in subparagraph (C), contracts
4entered into pursuant to Chapter 4 (commencing with Section
511770) of Part 3 of Division 2 of the Insurance Code shall be open
6to inspection one year after the contract has been fully executed.

7(B) If a contract entered into pursuant to Chapter 4 (commencing
8with Section 11770) of Part 3 of Division 2 of the Insurance Code
9is amended, the amendment shall be open to inspection one year
10after the amendment has been fully executed.

11(C) Three years after a contract or amendment is open to
12inspection pursuant to this subdivision, the portion of the contract
13or amendment containing the rates of payment shall be open to
14inspection.

15(D) Notwithstanding any other law, the entire contract or
16amendments to a contract shall be open to inspection by the Joint
17Legislative Audit Committee. The committee shall maintain the
18confidentiality of the contracts and amendments thereto until the
19contract or amendments to a contract are open to inspection
20pursuant to this paragraph.

21(E) This paragraph is not intended to apply to documents related
22to contracts with public entities that are not otherwise expressly
23confidential as to that public entity.

24(F) For purposes of this paragraph, “fully executed” means the
25point in time when all of the necessary parties to the contract have
26signed the contract.

27This section shall not prevent any agency from opening its
28records concerning the administration of the agency to public
29inspection, unless disclosure is otherwise prohibited by law.

30This section shall not prevent any health facility from disclosing
31to a certified bargaining agent relevant financing information
32pursuant to Section 8 of the National Labor Relations Act (29
33U.S.C. Sec. 158).

34

SEC. 2.  

The Legislature finds and declares that this act imposes
35a limitation on the public’s right of access to the meetings of public
36bodies or the writings of public officials and agencies within the
37meaning of Section 3 of Article I of the California Constitution.
38Pursuant to that constitutional provision, the Legislature makes
39the following finding to demonstrate the interest protected by this
40limitation and the need for protecting the interest:

P15   1In order to prevent crimes against applicants for licenses to carry
2firearms and persons who are licensed to carry firearms, it is
3necessary that this act take effect.

4

SEC. 3.  

The Legislature finds and declares that Section 1 of
5this act, which amends Section 6254 of the Government Code,
6furthers, within the meaning of paragraph (7) of subdivision (b)
7of Section 3 of Article I of the California Constitution, the purposes
8of that constitutional section as it relates to the right of public
9access to the meetings of local public bodies or the writings of
10local public officials and local agencies. Pursuant to paragraph (7)
11of subdivision (b) of Section 3 of Article I of the California
12Constitution, the Legislature makes the following findings:

13The limitations imposed by this act establish a necessary balance
14between the right of the people to access information contained in
15public records and the legitimate security interests of people
16applying for, and holding, a license to carry firearms.

17

SEC. 4.  

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district under this act would result from a legislative mandate that
21is within the scope of paragraph (7) of subdivision (b) of Section
223 of Article I of the California Constitution.



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