BILL NUMBER: AB 831	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2009

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 26, 2009

   An act to amend Section 8545.1 of the Government Code, relating to
the State Auditor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 831, as amended, Monning. State Auditor: confidential records.
   Existing law prohibits the State Auditor, any current or former
employee of the Bureau of State Audits, any person or business entity
that is contracting with or has contracted with the bureau and the
current and former employees of those persons and business entities,
the officers and employees of any state or local governmental agency
or publicly created entity that has assisted the bureau in its audits
or has received specified information from the bureau for comment or
review, and any person or business entity that is contracting with
or has contracted with those state or local governmental agencies or
publicly created entities from divulging or making known to any
person not employed by the bureau, in any manner not expressly
permitted by law, any particulars of any record, document, or
information, the disclosure of which is restricted by law from
release to the public. Existing law provides that any officer,
employee, or person who violates this prohibition is guilty of a
misdemeanor.
   This bill would state that the officers and employees described
above include the officers and employees of any state or local
governmental agency or publicly created entity that is the subject of
an ongoing audit  or investigation  or have received
information pertaining to an ongoing audit  or investigation
 , and clarify that the documents that may not be released
include the findings or other content of any audit or 
investigative audit   investigation  . The bill
would also state that its provisions are declarative of existing law.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8545.1 of the Government Code is amended to
read:
   8545.1.  (a) The State Auditor, and any employee or former
employee of the bureau, may not divulge or make known to any person
not employed by the bureau in any manner not expressly permitted by
law any particulars of any record, document, or information the
disclosure of which is restricted by law from release to the public.
This prohibition includes, but is not limited to, the restrictions on
the release of records, documents, or information set forth in
Section 8545.
   (b) Subdivision (a) also applies to:
   (1) Any person or business entity that is contracting with or has
contracted with the bureau and to the employees and former employees
of that person or business entity.
   (2) The officers and employees of, and any person or business
entity that is contracting with or has contracted with, any state or
local governmental agency or publicly created entity that has
assisted the bureau in the course of any audit or 
investigative audit  investigation  or that has
received a draft copy of any report or other draft document from the
bureau for comment or review.
   (c) (1) The officers and employees described in paragraph (2) of
subdivision (b) include the officers and employees of any state or
local governmental agency or publicly created entity that is the
subject of an ongoing audit or  investigation or that  has
received information pertaining to an ongoing audit  or
investigation  .
   (2) The documentation or substantive information, release of which
is prohibited in Section 8545, includes the findings or other
content of any audit or  investigative 
investigation  report of the bureau.
   (d) Any officer, employee, or person who discloses the particulars
of any record, document, or other information in violation of this
section is guilty of a misdemeanor.
  SEC. 2.  The amendment enacted by Section 1 of this act is
declarative of existing law.