BILL NUMBER: AB 2611 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
INTRODUCED BY Assembly Member Low
FEBRUARY 19, 2016
An act to amend Section 6254 of add
Section 6254.36 to the Government Code, relating to public
records.
LEGISLATIVE COUNSEL'S DIGEST
AB 2611, as amended, Low. The California Public Records Act:
exemptions. visual or audio recording of
peace officer's death: conditional exemption from disclosure.
Existing law, the
(1) The California Public Records
Act, Act requires a public
agency, defined as any state and or
local agencies agency, to make
their its public records available for
public inspection, i nspection or
to provide copies of its public records upon payment of specified
fees, 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
Among other exemptions, the act exempts from disclosure
any investigatory or security file compiled by any other
records of complaints to, or investigations conducted
by, any 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.
agency.
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 specify that the disclosure exception applies to
disclosures about a victim.
The
This bill would exempt from disclosure any
audio or video would prohibit a public agency from
disclosing a visual or audio recording depicting
of the death of a peace officer killed in the
line of duty, unless the disclosure is authorized
to be released by the peace 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. in which case, the bill would
require the public agency to disclose the visual or audio recording.
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.
(2) 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.
(3) 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
(4) 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 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.
(2) Notwithstanding paragraph (1), state and local law enforcement
agencies shall disclose 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 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.
(B) Except to the extent that disclosure of a particular item of
information would endanger the safety of a person involved in an
investigation or would endanger the successful completion of the
investigation or a related investigation:
(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.
(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 clause.
(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 clause shall not be construed
to prohibit or limit a scholarly, journalistic, political, or
government use of address information obtained pursuant to this
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).
SECTION 1. Section 6254.36 is added to the
Government Code , to read:
6254.36. A public agency shall not disclose a visual or audio
recording of the death of a peace officer killed in the line of duty,
unless the disclosure is authorized by the peace officer's immediate
family. If a peace officer's immediate family authorizes the
disclosure of a visual or audio recording of the death of the peace
officer killed in the line of duty, the public agency shall disclose
the visual or audio recording.
SEC. 2. The Legislature finds and declares that Section 1 of this
act, which amends Section 6254 of adds
Section 6254.36 to 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.
Prohibiting the disclosure of a visual or audio recording of the
death of a peace officer killed in the line of duty, without the
consent of the peace officer's immediate family, ensures the privacy
of persons who serve in law enforcement and their immediate families,
protects those families from additional emotional trauma from public
displays of those images, and further protects the public from the
graphic sounds and morbid images that would be contained in a visual
or audio recording of the death of a peace officer in the line of
duty. By providing for a limited, conditional disclosure of these
recordings, when other public records relating to the death may be
available for public inspection, this act properly balances the
public's right to access public records with proper privacy
interests.
SEC. 3. The Legislature finds and declares that Section 1 of this
act, which amends Section 6254 of adds
Section 6254.36 to 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.
This act ensures that a local government peace officer is
protected from public disclosure of a visual or audio recording of
his or her death in the line of duty without authorization by the
local peace officer's immediate family. Moreover, the limited,
conditional disclosure of local agency public records properly
balances the right of privacy of a local government peace officer and
his or her immediate family with the ability of the public to access
other information regarding the local peace officer's death, and
therefore furthers the purposes of paragraph (7) of subdivision (b)
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.