BILL NUMBER: AB 2611	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2016

INTRODUCED BY   Assembly Member Low

                        FEBRUARY 19, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2611, as amended, Low. The California Public Records Act:
exemptions.
   Existing law, the California Public Records Act, requires state
and local agencies to make their records available for public
inspection, unless an exemption from disclosure applies. The act
declares that access to information concerning the conduct of the
people's business is a fundamental and necessary right of every
person in this state. Existing law also requires every public agency
to comply with the California Public Records Act and with any
subsequent statutory enactment amending the act, or enacting or
amending any successor act.
   Existing law exempts from disclosure any investigatory or security
file compiled by any other state or local police agency, or any
investigatory or security files compiled by any other state or local
agency for correctional, law enforcement, or licensing purposes.

   This bill would expand that exemption to include any investigatory
or security audio or video recording. 
   Existing law requires state and local law enforcement agencies to
disclose the names and addresses of persons involved in complaints or
investigations and various other information related to an incident
to a victim or any person who suffers bodily injury or property
damage or loss as the result of specified incidents or crimes unless
the disclosure would endanger the safety of a witness or other person
involved in the investigation.
   This bill would  expand this exception to include
disclosures that would endanger the privacy of those persons, and
would  specify that the disclosure exception applies to
disclosures about a victim. 
   Existing law requires state and local law enforcement agencies to
make public specific specified information relating to individuals
arrested by the agency for the commission of a crime and the
circumstances surrounding all complaints or requests for assistance,
among other things, except to the extent that disclosure of a
particular item of information would endanger the safety of a person
involved in the investigation.  
   This bill would further expand that exception to include a
disclosure that would endanger the privacy of a person involved in
the investigation. 
   The bill would exempt from disclosure any audio or video recording
depicting the death  or serious bodily injury  of a
peace  officer.   officer killed in the line of
  duty, unless authorized to be released by the officer's
immediate family, and specified visual or audio recordings that
depict death or serious bodily injury in such a morbid and
sensational manner that the content is highly offensive to a
reasonable person and any public interest or law enforcement purpose
for disclosure is clearly outweighed by the public interest in
nondisclosure, except as specified. The bill would also define terms
for these purposes. 
   Existing constitutional provisions require that a statute that
limits the right of access to the meetings of 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 bill would also make other technical, nonsubstantive changes.
   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 1.  Section 6254 of the Government Code is amended to read:

   6254.  Except as provided in Sections 6254.7 and 6254.13, this
chapter does not require the disclosure of any of the following
records:
   (a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
   (b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
   (c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
   (d) Records contained in or related to any of the following:
   (1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
   (2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
   (3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
   (4) Information received in confidence by any state agency
referred to in paragraph (1).
   (e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
   (f) (1)    Records of complaints to, or
investigations conducted by, or records of intelligence information
or security procedures of, the office of the Attorney General and the
Department of Justice, the Office of Emergency Services and any
state or local police agency, or any investigatory or security
 files, including audio or video recordings,  
files  compiled by any other state or local police agency, or
any investigatory or security files compiled by any other state or
local agency for correctional, law enforcement, or licensing
purposes.  However, this subdivision does not require the
disclosure of that portion of those investigative files that reflect
the analysis or conclusions of the investigating officer. 

    However, 
    (2)     Notwithstanding paragraph (1),
 state and local law enforcement agencies shall disclose
 the   following: 
    (A)     The  names and addresses of
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
parties involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident, or
an authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire, explosion, larceny,
robbery, carjacking, vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety  or privacy  of a witness, a
victim, or any other person involved in the investigation, or unless
disclosure would endanger the successful completion of the
investigation or a related investigation. 
    However, this subdivision does not require the disclosure of that
portion of those investigative files that reflects the analysis or
conclusions of the investigating officer.  
   Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision. 

   Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except 
    (B)     Except  to the extent that
disclosure of a particular item of information would endanger the
safety  or privacy  of a person involved in an
investigation or would endanger the successful completion of the
investigation or a related investigation: 
   (1) 
    (i)  The full name and occupation of every individual
arrested by the agency, the individual's physical description
including date of birth, color of eyes and hair, sex, height and
weight, the time and date of arrest, the time and date of booking,
the location of the arrest, the factual circumstances surrounding the
arrest, the amount of bail set, the time and manner of release or
the location where the individual is currently being held, and all
charges the individual is being held upon, including any outstanding
warrants from other jurisdictions and parole or probation holds.

   (2) 
    (ii)  Subject to the restrictions imposed by Section
841.5 of the Penal Code, the time, substance, and location of all
complaints or requests for assistance received by the agency and the
time and nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or
647.6 of the Penal Code may be withheld at the victim's request, or
at the request of the victim's parent or guardian if the victim is a
minor. When a person is the victim of more than one crime,
information disclosing that the person is a victim of a crime defined
in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this  paragraph.   clause.  
   (3) 
    (iii)  Subject to the restrictions of Section 841.5 of
the Penal Code and this subdivision, the current address of every
individual arrested by the agency and the current address of the
victim of a crime, if the requester declares under penalty of perjury
that the request is made for a scholarly, journalistic, political,
or governmental purpose, or that the request is made for
investigation purposes by a licensed private investigator as
described in Chapter 11.3 (commencing with Section 7512) of Division
3 of the Business and Professions Code. However, the address of the
victim of any crime defined by Section 220, 236.1, 261, 261.5, 262,
264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269,
273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5,
288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code
shall remain confidential. Address information obtained pursuant to
this paragraph shall not be used directly or indirectly, or furnished
to another, to sell a product or service to any individual or group
of individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. This  paragraph 
 clause  shall not be construed to prohibit or limit a
scholarly, journalistic, political, or government use of address
information obtained pursuant to this  paragraph. 
 clause.  
   (3) Any visual or audio recording of another that depicts death or
serious bodily injury in such a morbid and sensational manner that
the content is highly offensive to a reasonable person and any public
interest or law enforcement purpose for disclosure is clearly
outweighed by the public interest in nondisclosure.  
   (4) Any visual or audio recording of the death of a peace officer
being killed in the line of duty, unless authorized to be released by
the officer's immediate family.  
   (5) Notwithstanding any other provision of this subdivision, the
state and local law enforcement agency shall disclose a copy of a
visual or audio recording if the portion of the recording that meets
the criteria of paragraph (3) or (4) can be redacted from the
recording.  
   (6) For purposes of this subdivision, the following definitions
shall apply:  
   (A) "Records" include, but are not limited to, a visual recording
and a customer list provided to a state or local police agency by an
alarm or security company at the request of the agency.  
   (B) "Visual or audio recording" means any photography, film,
videotape, audio recording, or other visual or audio reproduction.

   (g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
   (h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
   (i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
   (j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
   (k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
   (  l  ) Correspondence of and to the Governor or
employees of the Governor's office or in the custody of or maintained
by the Governor's Legal Affairs Secretary. However, public records
shall not be transferred to the custody of the Governor's Legal
Affairs Secretary to evade the disclosure provisions of this chapter.

   (m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
   (n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
   (o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, if an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
   (p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters.
This subdivision shall not be construed to limit the disclosure
duties of a state agency with respect to any other records relating
to the activities governed by the employee relations acts referred to
in this subdivision.
   (q) (1) Records of state agencies related to activities governed
by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91 (commencing with
Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code, that reveal the special negotiator's
deliberative processes, discussions, communications, or any other
portion of the negotiations with providers of health care services,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy, or that provide instruction,
advice, or training to employees.
   (2) Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
   (3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee and the Legislative Analyst's Office. The committee and
that office shall maintain the confidentiality of the contracts and
amendments until the time a contract or amendment is fully open to
inspection by the public.
   (r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
   (s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
   (t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
   (u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 26150, 26155, 26170, or
26215 of the Penal Code by the sheriff of a county or the chief or
other head of a municipal police department 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.
   (2) 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 to carry
firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of
the Penal Code by the sheriff of a county or the chief or other head
of a municipal police department.
   (3) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code
by the sheriff of a county or the chief or other head of a municipal
police department.
   (v) (1) Records of the Managed Risk Medical Insurance Board and
the State Department of Health Care Services related to activities
governed by Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, or Chapter 2 (commencing with Section 15810) or Chapter 4
(commencing with Section 15870) of Part 3.3 of Division 9 of the
Welfare and Institutions Code, and that reveal any of the following:
   (A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board or the department, entities with
which the board or the department is considering a contract, or
entities with which the board or department is considering or enters
into any other arrangement under which the board or the department
provides, receives, or arranges services or reimbursement.
   (B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff or the department or its staff, or records that provide
instructions, advice, or training to their employees.
   (2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.6
(commencing with Section 12739.5), or Part 6.7 (commencing with
Section 12739.70) of Division 2 of the Insurance Code, or Chapter 2
(commencing with Section 15810) or Chapter 4 (commencing with Section
15870) of Part 3.3 of Division 9 of the Welfare and Institutions
Code, on or after July 1, 1991, shall be open to inspection one year
after their effective dates.
   (B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
   (3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
   (w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
   (2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
   (3) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
   (x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
   (y) (1) Records of the Managed Risk Medical Insurance Board and
the State Department of Health Care Services related to activities
governed by Part 6.2 (commencing with Section 12693) of Division 2 of
the Insurance Code or Sections 14005.26 and 14005.27 of, or Chapter
3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the
Welfare and Institutions Code, if the records reveal any of the
following:
   (A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board or the department, entities with
which the board or department is considering a contract, or entities
with which the board or department is considering or enters into any
other arrangement under which the board or department provides,
receives, or arranges services or reimbursement.
   (B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or the department or its staff, or records that provide
instructions, advice, or training to employees.
   (2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) of Division 2 of the Insurance Code,
on or after January 1, 1998, or Sections 14005.26 and 14005.27 of, or
Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9
of, the Welfare and Institutions Code shall be open to inspection one
year after their effective dates.
   (B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) of Division 2 of the Insurance Code or Sections
14005.26 and 14005.27 of, or Chapter 3 (commencing with Section
15850) of Part 3.3 of Division 9 of, the Welfare and Institutions
Code, is amended, the amendment shall be open to inspection one year
after the effective date of the amendment.
   (3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
   (5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff, or the department or its staff, shall also
apply to the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
applicants pursuant to Chapter 3 (commencing with Section 15850) of
Part 3.3 of Division 9 of the Welfare and Institutions Code.
   (z) Records obtained pursuant to paragraph (2) of subdivision (f)
of Section 2891.1 of the Public Utilities Code.
   (aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
   (ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the Office of Emergency Services for use by that office,
including the identity of the person who or entity that voluntarily
submitted the information. As used in this subdivision, "voluntarily
submitted" means submitted in the absence of the office exercising
any legal authority to compel access to or submission of critical
infrastructure information. This subdivision shall not affect the
status of information in the possession of any other state or local
governmental agency.
   (ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
   (ad) The following records of the State Compensation Insurance
Fund:
   (1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
   (2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
   (3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
                                                                  (4)
Records obtained to provide workers' compensation insurance under
Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of
the Insurance Code, including, but not limited to, any medical claims
information, policyholder information provided that nothing in this
paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
   (5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
   (B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
   (6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
   (i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
   (ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
   (B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
   (7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
   (B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
   (C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (D) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
   (E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.
   (F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
   This section does not prevent any agency from opening its records
concerning the administration of the agency to public inspection,
unless disclosure is otherwise prohibited by law.
   This section does not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29 U.S.C.
Sec. 158). 
   (ae) Any audio or video recording that depicts the death or
serious bodily injury of a peace officer. 
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which amends Section 6254 of the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
   In order to ensure the privacy of victims, witnesses, and other
persons involved in law enforcement complaints and investigations,
related audio or video recordings should not be disclosed.
Furthermore, to protect the public from graphic sounds and images
that may be contained in an audio or video recording depicting the
death or serious bodily injury of a peace officer, such a recording
should not be disclosed, thus it is necessary that this act take
effect.
  SEC. 3.  The Legislature finds and declares that Section 1 of this
act, which amends Section 6254 of the Government Code, furthers,
within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that
constitutional section as it relates to the right of public access to
the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
   Because the California Public Records Act balances access to
information with the legitimate need of law enforcement to maintain
confidential investigatory or security files, the act furthers the
purpose of Section 3 of Article I of the California Constitution.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that
is within the scope of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution.