California Legislature—2013–14 Regular Session

Assembly BillNo. 202


Introduced by Assembly Member Donnelly

(Coauthors: Assembly Members Grove, Hagman, Harkey, Jones, and Wagner)

January 29, 2013


An act to add Section 38010 to the Education Code, and to amend Section 6254 of the Government Code, relating to school security.

LEGISLATIVE COUNSEL’S DIGEST

AB 202, as introduced, Donnelly. School security: School Marshal Program.

(1) Existing law authorizes the governing board of a school district to establish a security department or a school police department and authorizes specified moneys transferred into the general fund of any school district to be used for the training of persons employed and compensated as members of a police department of a school district, as specified.

This bill would establish the School Marshal Program and would authorize school districts, county offices of education, and charter schools to use general purpose funds to provide training to a school marshal. The bill would define a school marshal as a school employee who, in accordance with the Gun-Free School Zone Act of 1995 and pursuant to locally adopted policies, is authorized to possess a firearm at a schoolsite or designated school activities.

(2) Existing law, the California Public Records Act, requires state and local agencies to make public records available for inspection, subject to specified criteria, and with certain exceptions. Existing law excludes from disclosure certain information contained in applications for licenses to, and licenses to, carry firearms submitted by prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates, to county sheriffs and the chiefs or other heads of municipal police departments.

This bill would exclude from disclosure the personally identifiable information set forth in applications for a license to, and the license to, carry firearms submitted by a school marshal to the sheriff of a county or the chief or other head of a municipal police department. By increasing duties on county sheriffs and the chiefs or other heads of municipal police departments, the bill would impose a state-mandated local program.

(3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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 38010 is added to the Education Code,
2to read:

3

38010.  

(a) This section shall be known, and may be cited, as
4the School Marshal Program.

5(b) School districts, county offices of education, and charter
6schools may use general purpose funds to provide training for
7school marshals.

8(c) As used in this section, “school marshal” means a school
9employee who, in accordance with Section 626.9 of the Penal Code
10and pursuant to locally adopted policies, is authorized to possess
11a firearm at a schoolsite or designated school activities.

12

SEC. 2.  

Section 6254 of the Government Code is amended to
13read:

14

6254.  

Except as provided in Sections 6254.7 and 6254.13,
15nothing in this chapter shall be construed to require disclosure of
16records that are any of the following:

P3    1(a) Preliminary drafts, notes, or interagency or intra-agency
2memoranda that are not retained by the public agency in the
3ordinary course of business, if the public interest in withholding
4those records clearly outweighs the public interest in disclosure.

5(b) Records pertaining to pending litigation to which the public
6agency is a party, or to claims made pursuant to Division 3.6
7(commencing with Section 810), until the pending litigation or
8claim has been finally adjudicated or otherwise settled.

9(c) Personnel, medical, or similar files, the disclosure of which
10would constitute an unwarranted invasion of personal privacy.

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

12(1) Applications filed with any state agency responsible for the
13regulation or supervision of the issuance of securities or of financial
14institutions, including, but not limited to, banks, savings and loan
15associations, industrial loan companies, credit unions, and
16insurance companies.

17(2) Examination, operating, or condition reports prepared by,
18on behalf of, or for the use of, any state agency referred to in
19paragraph (1).

20(3) Preliminary drafts, notes, or interagency or intra-agency
21communications prepared by, on behalf of, or for the use of, any
22state agency referred to in paragraph (1).

23(4) Information received in confidence by any state agency
24referred to in paragraph (1).

25(e) Geological and geophysical data, plant production data, and
26similar information relating to utility systems development, or
27market or crop reports, that are obtained in confidence from any
28person.

29(f) Records of complaints to, or investigations conducted by,
30or records of intelligence information or security procedures of,
31the office of the Attorney General and the Department of Justice,
32thebegin delete Californiaend deletebegin insert Office ofend insert Emergencybegin delete Management Agencyend deletebegin insert Servicesend insert,
33and any state or local police agency, or any investigatory or security
34files compiled by any other state or local police agency, or any
35investigatory or security files compiled by any other state or local
36agency for correctional, law enforcement, or licensing purposes.
37However, state and local law enforcement agencies shall disclose
38the names and addresses of persons involved in, or witnesses other
39than confidential informants to, the incident, the description of
40any property involved, the date, time, and location of the incident,
P4    1all diagrams, statements of the parties involved in the incident, the
2statements of all witnesses, other than confidential informants, to
3the victims of an incident, or an authorized representative thereof,
4an insurance carrier against which a claim has been or might be
5made, and any person suffering bodily injury or property damage
6or loss, as the result of the incident caused by arson, burglary, fire,
7explosion, larceny, robbery, carjacking, vandalism, vehicle theft,
8or a crime as defined by subdivision (b) of Section 13951, unless
9the disclosure would endanger the safety of a witness or other
10person involved in the investigation, or unless disclosure would
11endanger the successful completion of the investigation or a related
12investigation. However, nothing in this division shall require the
13disclosure of that portion of those investigative files that reflects
14the analysis or conclusions of the investigating officer.

15Customer lists provided to a state or local police agency by an
16alarm or security company at the request of the agency shall be
17construed to be records subject to this subdivision.

18Notwithstanding any other provision of this subdivision, state
19and local law enforcement agencies shall make public the following
20information, except to the extent that disclosure of a particular
21item of information would endanger the safety of a person involved
22in an investigation or would endanger the successful completion
23of the investigation or a related investigation:

24(1) The full name and occupation of every individual arrested
25by the agency, the individual’s physical description including date
26of birth, color of eyes and hair, sex, height and weight, the time
27and date of arrest, the time and date of booking, the location of
28the arrest, the factual circumstances surrounding the arrest, the
29amount of bail set, the time and manner of release or the location
30where the individual is currently being held, and all charges the
31individual is being held upon, including any outstanding warrants
32from other jurisdictions and parole or probation holds.

33(2) Subject to the restrictions imposed by Section 841.5 of the
34Penal Code, the time, substance, and location of all complaints or
35requests for assistance received by the agency and the time and
36nature of the response thereto, including, to the extent the
37information regarding crimes alleged or committed or any other
38incident investigated is recorded, the time, date, and location of
39occurrence, the time and date of the report, the name and age of
40the victim, the factual circumstances surrounding the crime or
P5    1incident, and a general description of any injuries, property, or
2weapons involved. The name of a victim of any crime defined by
3Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
4266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
5286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
6Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83
7of the November 7, 2006, statewide general election), 288.5, 288.7,
8289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may
9be withheld at the victim’s request, or at the request of the victim’s
10parent or guardian if the victim is a minor. When a person is the
11victim of more than one crime, information disclosing that the
12person is a victim of a crime defined in any of the sections of the
13Penal Code set forth in this subdivision may be deleted at the
14request of the victim, or the victim’s parent or guardian if the
15victim is a minor, in making the report of the crime, or of any
16crime or incident accompanying the crime, available to the public
17in compliance with the requirements of this paragraph.

18(3) Subject to the restrictions of Section 841.5 of the Penal Code
19and this subdivision, the current address of every individual
20arrested by the agency and the current address of the victim of a
21crime, where the requester declares under penalty of perjury that
22the request is made for a scholarly, journalistic, political, or
23governmental purpose, or that the request is made for investigation
24purposes by a licensed private investigator as described in Chapter
2511.3 (commencing with Section 7512) of Division 3 of the Business
26and Professions Code. However, the address of the victim of any
27crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
28265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
29273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by
30Chapter 337 of the Statutes of 2006), 288.3 (as added by Section
316 of Proposition 83 of the November 7, 2006, statewide general
32election), 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6
33of the Penal Code shall remain confidential. Address information
34obtained pursuant to this paragraph may not be used directly or
35indirectly, or furnished to another, to sell a product or service to
36any individual or group of individuals, and the requester shall
37execute a declaration to that effect under penalty of perjury.
38Nothing in this paragraph shall be construed to prohibit or limit a
39scholarly, journalistic, political, or government use of address
40information obtained pursuant to this paragraph.

P6    1(g) Test questions, scoring keys, and other examination data
2used to administer a licensing examination, examination for
3employment, or academic examination, except as provided for in
4Chapter 3 (commencing with Section 99150) of Part 65 of Division
514 of Title 3 of the Education Code.

6(h) The contents of real estate appraisals or engineering or
7feasibility estimates and evaluations made for or by the state or
8local agency relative to the acquisition of property, or to
9prospective public supply and construction contracts, until all of
10the property has been acquired or all of the contract agreement
11obtained. However, the law of eminent domain shall not be affected
12by this provision.

13(i) Information required from any taxpayer in connection with
14the collection of local taxes that is received in confidence and the
15disclosure of the information to other persons would result in unfair
16competitive disadvantage to the person supplying the information.

17(j) Library circulation records kept for the purpose of identifying
18the borrower of items available in libraries, and library and museum
19materials made or acquired and presented solely for reference or
20exhibition purposes. The exemption in this subdivision shall not
21apply to records of fines imposed on the borrowers.

22(k) Records, the disclosure of which is exempted or prohibited
23pursuant to federal or state law, including, but not limited to,
24provisions of the Evidence Code relating to privilege.

25(l) Correspondence of and to the Governor or employees of the
26Governor’s office or in the custody of or maintained by the
27Governor’s Legal Affairs Secretary. However, public records shall
28not be transferred to the custody of the Governor’s Legal Affairs
29Secretary to evade the disclosure provisions of this chapter.

30(m) In the custody of or maintained by the Legislative Counsel,
31except those records in the public database maintained by the
32Legislative Counsel that are described in Section 10248.

33(n) Statements of personal worth or personal financial data
34required by a licensing agency and filed by an applicant with the
35licensing agency to establish his or her personal qualification for
36the license, certificate, or permit applied for.

37(o) Financial data contained in applications for financing under
38Division 27 (commencing with Section 44500) of the Health and
39Safety Code, where an authorized officer of the California Pollution
40Control Financing Authority determines that disclosure of the
P7    1financial data would be competitively injurious to the applicant
2and the data is required in order to obtain guarantees from the
3United States Small Business Administration. The California
4Pollution Control Financing Authority shall adopt rules for review
5of individual requests for confidentiality under this section and for
6making available to the public those portions of an application that
7are subject to disclosure under this chapter.

8(p) Records of state agencies related to activities governed by
9Chapter 10.3 (commencing with Section 3512), Chapter 10.5
10(commencing with Section 3525), and Chapter 12 (commencing
11with Section 3560) of Division 4, that reveal a state agency’s
12deliberative processes, impressions, evaluations, opinions,
13recommendations, meeting minutes, research, work products,
14theories, or strategy, or that provide instruction, advice, or training
15to employees who do not have full collective bargaining and
16representation rights under these chapters. Nothing in this
17subdivision shall be construed to limit the disclosure duties of a
18state agency with respect to any other records relating to the
19activities governed by the employee relations acts referred to in
20this subdivision.

21(q) (1) Records of state agencies related to activities governed
22by Article 2.6 (commencing with Section 14081), Article 2.8
23(commencing with Section 14087.5), and Article 2.91
24(commencing with Section 14089) of Chapter 7 of Part 3 of
25Division 9 of the Welfare and Institutions Code, that reveal the
26special negotiator’s deliberative processes, discussions,
27communications, or any other portion of the negotiations with
28providers of health care services, impressions, opinions,
29recommendations, meeting minutes, research, work product,
30theories, or strategy, or that provide instruction, advice, or training
31to employees.

32(2) Except for the portion of a contract containing the rates of
33payment, contracts for inpatient services entered into pursuant to
34these articles, on or after April 1, 1984, shall be open to inspection
35one year after they are fully executed. If a contract for inpatient
36services that is entered into prior to April 1, 1984, is amended on
37or after April 1, 1984, the amendment, except for any portion
38containing the rates of payment, shall be open to inspection one
39year after it is fully executed. If the California Medical Assistance
40Commission enters into contracts with health care providers for
P8    1other than inpatient hospital services, those contracts shall be open
2to inspection one year after they are fully executed.

3(3) Three years after a contract or amendment is open to
4inspection under this subdivision, the portion of the contract or
5amendment containing the rates of payment shall be open to
6inspection.

7(4) Notwithstanding any otherbegin delete provision ofend delete law, the entire
8contract or amendment shall be open to inspection by the Joint
9Legislative Audit Committee and the Legislative Analyst’s Office.
10The committee and that office shall maintain the confidentiality
11of the contracts and amendments until the time a contract or
12amendment is fully open to inspection by the public.

13(r) Records of Native American graves, cemeteries, and sacred
14places and records of Native American places, features, and objects
15described in Sections 5097.9 and 5097.993 of the Public Resources
16Code maintained by, or in the possession of, the Native American
17Heritage Commission, another state agency, or a local agency.

18(s) A final accreditation report of the Joint Commission on
19Accreditation of Hospitals that has been transmitted to the State
20Department of Health Care Services pursuant to subdivision (b)
21of Section 1282 of the Health and Safety Code.

22(t) Records of a local hospital district, formed pursuant to
23Division 23 (commencing with Section 32000) of the Health and
24Safety Code, or the records of a municipal hospital, formed
25pursuant to Article 7 (commencing with Section 37600) or Article
268 (commencing with Section 37650) of Chapter 5 of Part 2 of
27Division 3 of Title 4 of this code, that relate to any contract with
28an insurer or nonprofit hospital service plan for inpatient or
29outpatient services for alternative rates pursuant to Section 10133
30of the Insurance Code. However, the record shall be open to
31inspection within one year after the contract is fully executed.

32(u) (1) Information contained in applications for licenses to
33carry firearms issued pursuant to Section 26150, 26155, 26170,
34or 26215 of the Penal Code by the sheriff of a county or the chief
35or other head of a municipal police department that indicates when
36or where the applicant is vulnerable to attack or that concerns the
37applicant’s medical or psychological history or that of members
38of his or her family.

39(2) The home address and telephone number of prosecutors,
40public defenders, peace officers, judges, court commissioners, and
P9    1magistrates that are set forth in applications for licenses to carry
2firearms issued pursuant to Section 26150, 26155, 26170, or 26215
3of the Penal Code by the sheriff of a county or the chief or other
4head of a municipal police department.

5(3) The home address and telephone number of prosecutors,
6public defenders, peace officers, judges, court commissioners, and
7magistrates that are set forth in licenses to carry firearms issued
8pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
9Code by the sheriff of a county or the chief or other head of a
10municipal police department.

begin insert

11(4) The personally identifiable information of a school marshal,
12as defined in Section 38010 of the Education Code, that is set forth
13in an application for a license to carry a firearm, or in a license
14to carry a firearm, issued pursuant to Section 26150, 26155, 26170,
15or 26215 of the Penal Code by the sheriff of a county or the chief
16or other head of a municipal police department.

end insert

17(v) (1) Records of the Managed Risk Medical Insurance Board
18related to activities governed by Part 6.3 (commencing with Section
1912695), Part 6.5 (commencing with Section 12700), Part 6.6
20(commencing with Section 12739.5), and Part 6.7 (commencing
21with Section 12739.70) of Division 2 of the Insurance Code, and
22that reveal any of the following:

23(A) The deliberative processes, discussions, communications,
24or any other portion of the negotiations with entities contracting
25or seeking to contract with the board, entities with which the board
26is considering a contract, or entities with which the board is
27considering or enters into any other arrangement under which the
28board provides, receives, or arranges services or reimbursement.

29(B) The impressions, opinions, recommendations, meeting
30minutes, research, work product, theories, or strategy of the board
31or its staff, or records that provide instructions, advice, or training
32to employees.

33(2) (A) Except for the portion of a contract that contains the
34rates of payment, contracts entered into pursuant to Part 6.3
35(commencing with Section 12695), Part 6.5 (commencing with
36Section 12700), Part 6.6 (commencing with Section 12739.5), or
37Part 6.7 (commencing with Section 12739.70) of Division 2 of the
38Insurance Code, on or after July 1, 1991, shall be open to inspection
39one year after their effective dates.

P10   1(B) If a contract that is entered into prior to July 1, 1991, is
2amended on or after July 1, 1991, the amendment, except for any
3portion containing the rates of payment, shall be open to inspection
4one year after the effective date of the amendment.

5(3) Three years after a contract or amendment is open to
6inspection pursuant to this subdivision, the portion of the contract
7or amendment containing the rates of payment shall be open to
8inspection.

9(4) Notwithstanding any other law, the entire contract or
10amendments to a contract shall be open to inspection by the Joint
11Legislative Audit Committee. The committee shall maintain the
12confidentiality of the contracts and amendments thereto, until the
13contracts or amendments to the contracts are open to inspection
14pursuant to paragraph (3).

15(w) (1) Records of the Managed Risk Medical Insurance Board
16related to activities governed by Chapter 8 (commencing with
17Section 10700) of Part 2 of Division 2 of the Insurance Code, and
18that reveal the deliberative processes, discussions, communications,
19or any other portion of the negotiations with health plans, or the
20impressions, opinions, recommendations, meeting minutes,
21research, work product, theories, or strategy of the board or its
22staff, or records that provide instructions, advice, or training to
23employees.

24(2) Except for the portion of a contract that contains the rates
25of payment, contracts for health coverage entered into pursuant to
26Chapter 8 (commencing with Section 10700) of Part 2 of Division
272 of the Insurance Code, on or after January 1, 1993, shall be open
28to inspection one year after they have been fully executed.

29(3) Notwithstanding any other law, the entire contract or
30amendments to a contract shall be open to inspection by the Joint
31Legislative Audit Committee. The committee shall maintain the
32confidentiality of the contracts and amendments thereto, until the
33contracts or amendments to the contracts are open to inspection
34pursuant to paragraph (2).

35(x) Financial data contained in applications for registration, or
36registration renewal, as a service contractor filed with the Director
37of Consumer Affairs pursuant to Chapter 20 (commencing with
38Section 9800) of Division 3 of the Business and Professions Code,
39for the purpose of establishing the service contractor’s net worth,
P11   1or financial data regarding the funded accounts held in escrow for
2service contracts held in force in this state by a service contractor.

3(y) (1) Records of the Managed Risk Medical Insurance Board
4related to activities governed by Part 6.2 (commencing with Section
512693) or Part 6.4 (commencing with Section 12699.50) of
6Division 2 of the Insurance Code, and that reveal any of the
7following:

8(A) The deliberative processes, discussions, communications,
9or any other portion of the negotiations with entities contracting
10or seeking to contract with the board, entities with which the board
11is considering a contract, or entities with which the board is
12considering or enters into any other arrangement under which the
13board provides, receives, or arranges services or reimbursement.

14(B) The impressions, opinions, recommendations, meeting
15minutes, research, work product, theories, or strategy of the board
16or its staff, or records that provide instructions, advice, or training
17to employees.

18(2) (A) Except for the portion of a contract that contains the
19rates of payment, contracts entered into pursuant to Part 6.2
20(commencing with Section 12693) or Part 6.4 (commencing with
21Section 12699.50) of Division 2 of the Insurance Code, on or after
22January 1, 1998, shall be open to inspection one year after their
23effective dates.

24(B) If a contract entered into pursuant to Part 6.2 (commencing
25with Section 12693) or Part 6.4 (commencing with Section
2612699.50) of Division 2 of the Insurance Code is amended, the
27amendment shall be open to inspection one year after the effective
28date of the amendment.

29(3) Three years after a contract or amendment is open to
30inspection pursuant to this subdivision, the portion of the contract
31or amendment containing the rates of payment shall be open to
32inspection.

33(4) 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
37contract or amendments to a contract are open to inspection
38pursuant to paragraph (2) or (3).

39(5) The exemption from disclosure provided pursuant to this
40subdivision for the contracts, deliberative processes, discussions,
P12   1communications, negotiations, impressions, opinions,
2recommendations, meeting minutes, research, work product,
3theories, or strategy of the board or its staff shall also apply to the
4contracts, deliberative processes, discussions, communications,
5negotiations, impressions, opinions, recommendations, meeting
6minutes, research, work product, theories, or strategy of applicants
7pursuant to Part 6.4 (commencing with Section 12699.50) of
8Division 2 of the Insurance Code.

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

11(aa) A document prepared by or for a state or local agency that
12assesses its vulnerability to terrorist attack or other criminal acts
13intended to disrupt the public agency’s operations and that is for
14distribution or consideration in a closed session.

15(ab) Critical infrastructure information, as defined in Section
16131(3) of Title 6 of the United States Code, that is voluntarily
17submitted to thebegin delete Californiaend deletebegin insert Office ofend insert Emergencybegin delete Management end delete
18begin deleteAgencyend deletebegin insert Servicesend insert for use by that office, including the identity of
19the person who or entity that voluntarily submitted the information.
20As used in this subdivision, “voluntarily submitted” means
21submitted in the absence of the office exercising any legal authority
22to compel access to or submission of critical infrastructure
23information. This subdivision shall not affect the status of
24information in the possession of any other state or local
25governmental agency.

26(ac) All information provided to the Secretary of State by a
27person for the purpose of registration in the Advance Health Care
28Directive Registry, except that those records shall be released at
29the request of a health care provider, a public guardian, or the
30registrant’s legal representative.

31(ad) The following records of the State Compensation Insurance
32Fund:

33(1) Records related to claims pursuant to Chapter 1
34(commencing with Section 3200) of Division 4 of the Labor Code,
35to the extent that confidential medical information or other
36individually identifiable information would be disclosed.

37(2) Records related to the discussions, communications, or any
38other portion of the negotiations with entities contracting or seeking
39to contract with the fund, and any related deliberations.

P13   1(3) Records related to the impressions, opinions,
2recommendations, meeting minutes of meetings or sessions that
3are lawfully closed to the public, research, work product, theories,
4or strategy of the fund or its staff, on the development of rates,
5contracting strategy, underwriting, or competitive strategy pursuant
6to the powers granted to the fund in Chapter 4 (commencing with
7Section 11770) of Part 3 of Division 2 of the Insurance Code.

8(4) Records obtained to provide workers’ compensation
9insurance under Chapter 4 (commencing with Section 11770) of
10Part 3 of Division 2 of the Insurance Code, including, but not
11limited to, any medical claims information, policyholder
12information provided that nothing in this paragraph shall be
13interpreted to prevent an insurance agent or broker from obtaining
14proprietary information or other information authorized by law to
15be obtained by the agent or broker, and information on rates,
16pricing, and claims handling received from brokers.

17(5) (A) Records that are trade secrets pursuant to Section
186276.44, or Article 11 (commencing with Section 1060) of Chapter
194 of Division 8 of the Evidence Code, including without limitation,
20instructions, advice, or training provided by the State Compensation
21Insurance Fund to its board members, officers, and employees
22regarding the fund’s special investigation unit, internal audit unit,
23and informational security, marketing, rating, pricing, underwriting,
24claims handling, audits, and collections.

25(B) Notwithstanding subparagraph (A), the portions of records
26containing trade secrets shall be available for review by the Joint
27Legislative Audit Committee, the Bureau of State Audits, Division
28of Workers’ Compensation, and the Department of Insurance to
29ensure compliance with applicable law.

30(6) (A) Internal audits containing proprietary information and
31the following records that are related to an internal audit:

32(i) Personal papers and correspondence of any person providing
33assistance to the fund when that person has requested in writing
34that his or her papers and correspondence be kept private and
35confidential. Those papers and correspondence shall become public
36records if the written request is withdrawn, or upon order of the
37fund.

38(ii) Papers, correspondence, memoranda, or any substantive
39information pertaining to any audit not completed or an internal
40audit that contains proprietary information.

P14   1(B) Notwithstanding subparagraph (A), the portions of records
2containing proprietary information, or any information specified
3in subparagraph (A) shall be available for review by the Joint
4Legislative Audit Committee, the Bureau of State Audits, Division
5of Workers’ Compensation, and the Department of Insurance to
6ensure compliance with applicable law.

7(7) (A) Except as provided in subparagraph (C), contracts
8entered into pursuant to Chapter 4 (commencing with Section
9 11770) of Part 3 of Division 2 of the Insurance Code shall be open
10to inspection one year after the contract has been fully executed.

11(B) If a contract entered into pursuant to Chapter 4 (commencing
12with Section 11770) of Part 3 of Division 2 of the Insurance Code
13is amended, the amendment shall be open to inspection one year
14after the amendment has been fully executed.

15(C) Three years after a contract or amendment is open to
16inspection pursuant to this subdivision, the portion of the contract
17or amendment containing the rates of payment shall be open to
18inspection.

19(D) Notwithstanding any other law, the entire contract or
20amendments to a contract shall be open to inspection by the Joint
21Legislative Audit Committee. The committee shall maintain the
22confidentiality of the contracts and amendments thereto until the
23 contract or amendments to a contract are open to inspection
24pursuant to this paragraph.

25(E) This paragraph is not intended to apply to documents related
26to contracts with public entities that are not otherwise expressly
27confidential as to that public entity.

28(F) For purposes of this paragraph, “fully executed” means the
29point in time when all of the necessary parties to the contract have
30signed the contract.

31This section shall not prevent any agency from opening its
32records concerning the administration of the agency to public
33inspection, unless disclosure is otherwise prohibited by law.

34This section shall not prevent any health facility from disclosing
35to a certified bargaining agent relevant financing information
36pursuant to Section 8 of the National Labor Relations Act (29
37U.S.C. Sec. 158).

38

SEC. 3.  

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P15   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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