SB 265,
as amended, Gaines. begin deleteFire prevention fee. end deletebegin insertCamera footage: private residence: limited disclosure.end insert
(1) The California Public Records Act requires that public records be open to inspection at all times during the office hours of a state or local agency and that every person has a right to inspect any public record, except as specifically provided. The act further requires that a reasonably segregable portion of a public record be available for inspection by any person requesting the public record after deletion of the portions that are exempted by law.
end insertbegin insertThis bill would, notwithstanding any other law, prohibit the disclosure of camera footage of the inside of a private residence, except for requiring disclosure to an occupant of the private residence. The bill would define terms for its purposes.
end insertbegin insert(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.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insert(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.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insert(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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law requires the State Board of Forestry and Fire Protection, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area, as defined, and authorizes the board to annually adjust the fire prevention fee using prescribed methods.
end deleteThis bill would make a nonsubstantive change to that law.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 6254.34 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert
(a) Notwithstanding any other law, camera footage
4of the inside of a private residence is confidential and shall not be
5disclosed, except that camera footage shall be disclosed to an
6occupant of the private residence.
7(b) The following definitions shall apply to this section:
8(1) “Camera footage” means any recording of video, audio, or
9both, in a digital or analog format.
10(2) “Occupant” means any person with the legal right to reside
11in the private residence, including, but not limited to, a tenant.
The Legislature finds and declares that Section 1 of
13this act, which adds Section 6254.32 to the Government Code,
14imposes a limitation on the public’s right of access to the meetings
15of public bodies or the writings of public officials and agencies
P3 1within the meaning of Section 3 of Article I of the California
2Constitution. Pursuant to that constitutional provision, the
3Legislature makes the following findings to demonstrate the interest
4protected by this limitation and the need for protecting that
5interest:
6The need to protect individual privacy from
the public disclosure
7of images captured by camera footage of the inside of a private
8residence outweighs the interest in the public disclosure of that
9information.
The Legislature finds and declares that Section 1 of
11this act, which adds Section 6254.32 to the Government Code,
12furthers, within the meaning of paragraph (7) of subdivision (b)
13of Section 3 of Article I of the California Constitution, the purposes
14of that constitutional section as it relates to the right of public
15access to the meetings of local public bodies or the writings of
16local public officials and local agencies. Pursuant to paragraph
17(7) of subdivision (b) of Section 3 of Article I of the California
18Constitution, the Legislature makes the following findings:
19Protecting the privacy of an occupant whose private residence
20is captured on camera footage by local law enforcement and other
21local governmental entities enhances public safety and the
22protection of individual rights, thereby furthering the purposes of
23Section 3 of Article I of the California Constitution.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district under this act would result from a legislative mandate that
28is within the scope of paragraph (7) of subdivision (b) of Section
293 of Article I of the California Constitution.
Section 4212 of the Public Resources Code is
31amended to read:
(a) (1) By September 1, 2011, the board shall adopt
33emergency regulations to establish a fire prevention fee for the
34purposes of this chapter in an amount not to exceed one hundred
35fifty dollars ($150) to be charged on every habitable structure on
36a parcel that is within a state responsibility area.
37(2) The Legislature finds and declares that a fire prevention fee
38of not more than one hundred fifty dollars ($150) is a reasonable
39amount for the necessary fire prevention activities of the state that
P4 1benefit the owner of a habitable structure within a
state
2responsibility area.
3(b) On July 1, 2013, and annually thereafter, the board may
4adjust the fire prevention fees imposed pursuant to this chapter to
5reflect the percentage of change in the average annual value of the
6Implicit Price Deflator for State and Local Government Purchases
7of Goods and Services for the United States, as calculated by the
8United States Department of Commerce for the 12-month period
9in the third quarter of the prior calendar year, as reported by the
10Department of Finance.
11(c) Emergency regulations adopted pursuant to subdivision (a)
12shall be adopted in accordance with the rulemaking provisions of
13the Administrative Procedure Act (Chapter 3.5 (commencing with
14Section 11340) of Part 1 of Division 3 of Title 2 of the Government
15Code). The adoption of emergency regulations shall be deemed
16an emergency and necessary for the immediate preservation of the
17
public peace, health, and safety, or general welfare.
O
98