BILL NUMBER: SB 143 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 5, 1998
AMENDED IN SENATE APRIL 2, 1997
INTRODUCED BY Senator Kopp
JANUARY 13, 1997
An act to add Chapter 6 (commencing with Section 17300)
to Part 2 of Division 7 of the Business and Professions Code,
relating to unfair competition litigation. An act to
amend Sections 6252 and 6258 of, to amend and renumber Section 6253
of, to add Sections 6252.5 and 6253 to, to add a heading as Article 1
(commencing with Section 6250) to Chapter 3.5 of, to add Article 2
(commencing with Section 6275) to Chapter 3.5 of, Division 7 of Title
1 of, and to repeal Sections 6253.1, 6256, 6256.1, 6256.2, and 6257
of, the Government Code, relating to records.
LEGISLATIVE COUNSEL'S DIGEST
SB 143, as amended, Kopp. Unfair competition litigation:
representative actions Records .
(1) Existing provisions of the California Public Records Act
require each state and local agency, as defined, to make its records
open to public inspection at all times during office hours, except as
specifically exempted from disclosure by law. The act also defines
the terms "writing," "person," and "member of the public."
This bill would revise the definitions of local agency and
"writing" and would define "public agency." The bill would also
provide for public inspection of public records and copying in all
forms, as specified. The bill would further require public agencies
to ensure that systems used to collect and hold public records be
designed to ensure ease of public access.
This bill would expressly state that notwithstanding the
definition of "member of the public," an elected member or officer of
any state or local agency is entitled to access to public records of
that agency on the same basis as any other person and would state
that it is declaratory of existing law.
This bill would incorporate changes made to the California Public
Records Act by the Governor's Reorganization Plan of 1991, including
adding the Department of Toxic Substances Control and the Office of
Environmental Health Hazard Assessment to the list of state and local
bodies that are required to establish written guidelines for
accessibility of records.
(2) Existing law provides that the California Public Records Act
shall not be construed to require disclosure of records, the
disclosure of which is exempted or prohibited by provisions of
federal or state law.
This bill would list specific provisions of law coming within that
exemption.
By requiring a higher level of service of local agencies in
administering the California Public Records Act, this bill would
impose a state-mandated local program.
(3) Under the act, any person is authorized to institute
proceedings for injunctive or declaratory relief or writ of mandate
to enforce that person's right to inspect or to receive a copy of any
public record or class of public records.
This bill would limit this authorization to apply for judicial
relief under the act to persons who submitted a written request for a
public record and that request was denied.
(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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates which do not exceed $1,000,000
statewide and other procedures for claims whose statewide costs
exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that this bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to those
statutory procedures and, if the statewide cost does not exceed
$1,000,000, shall be made from the State Mandates Claims Fund.
Existing law prohibits unlawful, unfair, or fraudulent business
acts or practices and unfair, deceptive, untrue, or misleading
advertising. Existing law provides that relief for violations of
these provisions may be obtained by the Attorney General, district
attorneys, county counsels, city attorneys, and city prosecutors, as
specified, or by certain other parties, including a person acting for
the person's interests or on behalf of the general public.
Available remedies under these laws are cumulative, and generally
include injunctive relief, civil penalties, and restitution.
This bill would require unfair business practice actions brought
by private parties on behalf of the interests of the general public ("
representative actions") to comply with certain requirements. The
bill would provide that the private plaintiff may not have a conflict
of interest with the interests of the general public. The bill
would also require the plaintiff's attorney to be an adequate
representative of the interests of the general public. These matters
would be determined by the court, and the representative cause of
action would be stricken from the complaint if these requirements are
not satisfied, as specified.
The bill would also require the private plaintiff to provide
notice of the representative action to the Attorney General and to
the district attorney of the county where the action is pending. The
defendant would be required to notify the plaintiff and the court of
any other related actions pending in this state against the
defendant.
The bill would also require the plaintiff to notify specified
persons prior to entry of judgment or modification of judgment with
respect to a final determination of the action, and would require a
court hearing to determine if various requirements have been
satisfied.
The bill would also provide that if a prosecutor has commenced an
enforcement action against the same defendant based on substantially
similar facts and theories of liability, a court may stay the
representative action, make an order for consolidation or
coordination of the actions, or make any other order, in the interest
of justice.
The bill would provide that its provisions apply to actions
commenced after December 31, 1997.
The bill includes other related provisions.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 6 (commencing with Section
SECTION 1. A heading as Article 1 (commencing with Section 6250)
is added to Chapter 3.5 of Division 7 of Title 1 of the Government
Code, to read:
Article 1. General Provisions
SEC. 2. Section 6252 of the Government Code is amended to read:
6252. As used in this chapter:
(a) "State agency" means every state office, officer, department,
division, bureau, board, and commission or other state body or
agency, except those agencies provided for in Article IV (except
Section 20 thereof) or Article VI of the California Constitution.
(b) "Local agency" includes a county; city, whether general law or
chartered; city and county; school district; municipal corporation;
district; political subdivision; or any board, commission or agency
thereof; other local public agency; or nonprofit organizations
of local governmental agencies and officials which are
supported solely by public funds or entities that are
legislative bodies of a local agency pursuant to subdivision (c) of
Section 54952 .
(c) "Person" includes any natural person, corporation,
partnership, limited liability company, firm, or association.
(d) "Public agency" means any state or local agency.
(e) "Public records" includes any writing containing
information relating to the conduct of the public's business
prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics. "Public records" in
the custody of, or maintained by, the Governor's office means any
writing prepared on or after January 6, 1975.
(e)
(f) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording upon
any form of communication or representation, including letters,
words, pictures, sounds, or symbols, or combination thereof, and all
papers, maps, magnetic or paper tapes, photographic films and prints,
magnetic or punched cards, discs, drums, and other documents.
(f)
(g) "Member of the public" means any person, except a
member, agent, officer, or employee of a federal, state, or local
agency acting within the scope of his or her membership, agency,
office, or employment.
SEC. 3. Section 6252.5 is added to the Government Code, to read:
6252.5. Notwithstanding the definition of "member of the public"
in Section 6252, an elected member or officer of any state or local
agency is entitled to access to public records of that agency on the
same basis as any other person. Nothing in this section shall limit
the ability of elected members or officers to access public records
permitted by law in the administration of their duties.
This section does not constitute a change in, but is declaratory
of, existing law.
SEC. 4. Section 6253 of the Government Code is amended and
renumbered to read:
6253.
6253.4. (a) Public records are open to inspection
at all times during the office hours of the state or local agency and
every person has a right to inspect any public record, except as
hereafter provided. Every agency may adopt regulations
stating the procedures to be followed when making its records
available in accordance with this section.
The following state and local bodies shall establish written
guidelines for accessibility of records. A copy of these guidelines
shall be posted in a conspicuous public place at the offices of these
bodies, and a copy of the guidelines shall be available upon request
free of charge to any person requesting that body's records:
Department of Motor Vehicles
Department of Consumer Affairs
Department of Transportation
Department of Real Estate
Department of Corrections
Department of the Youth Authority
Department of Justice
Department of Insurance
Department of Corporations
Secretary of State
State Air Resources Board
Department of Water Resources
Department of Parks and Recreation
San Francisco Bay Conservation and Development Commission
State Board of Equalization
State Department of Health Services
Employment Development Department
State Department of Social Services
State Department of Mental Health
State Department of Developmental Services
State Department of Alcohol and Drug Abuse
Office of Statewide Health Planning and Development
Public Employees' Retirement System
Teachers' Retirement Board
Department of Industrial Relations
Department of General Services
Department of Veterans Affairs
Public Utilities Commission
California Coastal Commission
State Water Quality Control Board
San Francisco Bay Area Rapid Transit District
All regional water quality control boards
Los Angeles County Air Pollution Control District
Bay Area Air Pollution Control District
Golden Gate Bridge, Highway and Transportation District .
Department of Toxic Substances Control Office of Environmental
Health Hazard Assessment.
(b) Guidelines and regulations adopted pursuant to this section
shall be consistent with all other sections of this chapter and shall
reflect the intention of the Legislature to make the records
accessible to the public. The guidelines and regulations adopted
pursuant to this section shall not operate to limit the hours public
records are open for inspection as prescribed in subdivision
(a) Section 6253 .
SEC. 5. Section 6253 is added to the Government Code, to read:
6253. (a) Public records are open to inspection at all times
during the office hours of the state or local agency and every person
has a right to inspect any public record, except as hereafter
provided. Any reasonably segregable portion of a record shall be
available for inspection by any person requesting the record after
deletion of the portions that are exempted by law.
(b) Except with respect to public records exempt from disclosure
by express provisions of law, each state or local agency, upon a
request for a copy of records that reasonably describes an
identifiable record or records, shall make the records promptly
available to any person, upon payment of fees covering direct costs
of duplication, or a statutory fee, if applicable. Upon request, an
exact copy shall be provided unless impracticable to do so. Agencies
shall provide a copy of an electronic record in the form requested,
unless, in light of surrounding circumstances, it is not reasonable
to do so, provided that the requested form is one which is used by
the agency. Electronic copies of records shall be made promptly
available upon payment of fees as follows:
(1) Except when the records are requested for a commercial
purpose, electronic copies of records shall be made available upon
payment of fees representing the direct cost of duplication or a
statutory fee. For purposes of this section, "commercial purpose"
means any use that furthers the commercial, trade, or profit
interests of the requester or person on whose behalf the request is
made. Commercial purpose does not include the following:
(A) A request made by a nonprofit corporation exempt from taxation
pursuant to Section 501(c)(3) of Title 26 of the United States Code,
so long as the information requested is not used for any purpose in
which the corporation would be required to pay income tax under state
or federal law.
(B) A request made by a person who, through contract or
employment, is a publisher, editor, or reporter with a news gathering
organization and makes the request in that capacity and use is
limited to a news gathering purpose.
(2) For requests in which the information is to be used for any
commercial purpose, the records shall be made available upon payment
of the actual cost of providing the record, which may include the
costs of search, retrieval, review, segregation, and duplication.
(3) If a request is made pursuant to paragraph (1) or (2), the
requester shall certify the fee category that applies to the request.
Except as authorized by this subdivision, no other fees may be
charged for copies of records required to be disclosed pursuant to
this article.
Nothing in this subdivision pertaining to information maintained
in electronic form expands, modifies, or limits any requirement,
exemption, or other provision contained elsewhere in this chapter.
(c) Each agency, upon a request for a copy of records shall,
within 10 days from receipt of the request, determine whether the
request, in whole or in part, seeks copies of disclosable public
records in the possession of the agency and shall promptly notify the
person making the request of the determination and the reasons
therefor. In unusual circumstances, the time limit prescribed in
this section may be extended by written notice by the head of the
agency or his or her designee to the person making the request
setting forth the reasons for the extension and the date on which a
determination is expected to be dispatched. No notice shall specify
a date that would result in an extension for more than 14 days. As
used in this section, "unusual circumstances" means, but only to the
extent reasonably necessary to the proper processing of the
particular request:
(1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
(2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded
in a single request.
(3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having substantial interest in
the determination of the request or among two or more components of
the agency having substantial subject matter interest therein.
(d) Nothing in this chapter shall be construed to permit an agency
to obstruct the inspection or copying of public records. Any
notification of denial of any request for records shall set forth the
names and titles or positions of each person responsible for the
denial.
(e) Except as otherwise prohibited by law, a state or local agency
may adopt requirements for itself that allow for faster, more
efficient, or greater access to records than prescribed by the
minimum standards set forth in this chapter.
SEC. 6. Section 6253.1 of the Government Code is repealed.
6253.1. Except as otherwise prohibited by law, a state or local
agency may adopt requirements for itself which allow greater access
to records than prescribed by the minimum standards set forth in this
chapter.
SEC. 7. Section 6256 of the Government Code is repealed.
6256. Any person may receive a copy of any identifiable public
record or copy thereof. Upon request, an exact copy shall be provided
unless impracticable to do so. Computer data shall be provided in a
form determined by the agency.
Each agency, upon any request for a copy of records shall
determine within 10 days after the receipt of such request whether to
comply with the request and shall immediately notify the person
making the request of such determination and the reasons therefor.
SEC. 8. Section 6256.1 of the Government Code is repealed.
6256.1. In unusual circumstances, as specified in this section,
the time limit prescribed in Section 6256 may be extended by written
notice by the head of the agency to the person making the request
setting forth the reasons for the extension and the date on which a
determination is expected to be dispatched. No such notice shall
specify a date that would result in an extension for more than 10
working days.
As used in this section "unusual circumstances" means, but only to
the extent reasonably necessary to the proper processing of the
particular request:
(a) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
(b) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded
in a single request.
(c) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest
in the determination of the request or among two or more components
of the agency having substantial subject matter interest therein.
SEC. 9. Section 6256.2 of the Government Code is repealed.
6256.2. Nothing in this chapter shall be construed to permit an
agency to delay access for purposes of inspecting public records.
Any notification of denial of any request for records shall set forth
the names and titles or positions of each person responsible for the
denial.
SEC. 10. Section 6257 of the Government Code is repealed.
6257. Except with respect to public records exempt by express
provisions of law from disclosure, each state or local agency, upon
any request for a copy of records, which reasonably describes an
identifiable record, or information produced therefrom, shall make
the records promptly available to any person, upon payment of fees
covering direct costs of duplication, or a statutory fee, if
applicable. Any reasonably segregable portion of a record shall be
provided to any person requesting such record after deletion of the
portions which are exempt by law.
SEC. 11. Section 6258 of the Government Code is amended to read:
6258. Any person who has submitted a written request for a
public record and that request has been denied or the agency to which
the written request was directed has failed to timely respond as
required by Section 6253 may institute proceedings for
injunctive or declarative relief or writ of mandate in any court of
competent jurisdiction to enforce his or her right to inspect or to
receive a copy of any that public
record or class of public records under this chapter. The times for
responsive pleadings and for hearings in these proceedings shall be
set by the judge of the court with the object of securing a decision
as to these matters at the earliest possible time.
SEC. 12. Article 2 (commencing with Section 6275) is added to
Chapter 3.5 of Division 7 of Title 1 of the Government Code, to read:
Article 2. Other Exemptions from Disclosure
6275. It is the intent of the Legislature to assist members of
the public and state and local agencies in identifying exemptions to
the California Public Records Act. It is the intent of the
Legislature that, after January 1, 1999, each addition or amendment
to a statute that exempts any information contained in a public
record from disclosure pursuant to subdivision (k) of Section 6254
shall be listed and described in this article. The statutes listed in
this article may operate to exempt certain records, or portions
thereof, from disclosure. The statutes listed and described may not
be inclusive of all exemptions. The listing of a statute in this
article does not itself create an exemption. Requesters of public
records and public agencies are cautioned to review the applicable
statute to determine the extent to which the statute, in light of the
circumstances surrounding the request, exempts public records from
disclosure.
6276. Records or information not required to be disclosed
pursuant to subdivision (k) of Section 6254 may include, but shall
not be limited to, records or information identified in statutes
listed in this article.
6276.02. Accident Reports, Admissibility as Evidence, Section
315, Public Utilities Code.
Acquired Immune Deficiency Syndrome, blood test results, written
authorization not necessary for disclosure, Section 121010, Health
and Safety Code.
Acquired Immune Deficiency Syndrome, blood test subject,
compelling identity of, Section 120975, Health and Safety Code.
Acquired Immune Deficiency Syndrome, confidentiality of personal
data of patients in State Department of Health Services programs,
Section 120820, Health and Safety Code.
Acquired Immune Deficiency Syndrome, confidentiality of research
records, Sections 121090, 121095, 121115, and 121120, Health and
Safety Code.
Acquired Immune Deficiency Syndrome, confidentiality of vaccine
volunteers, Section 121280, Health and Safety Code.
Acquired Immune Deficiency Syndrome, confidentiality of
information obtained in prevention programs at correctional
facilities and law enforcement agencies, Sections 7552 and 7554,
Penal Code.
Acquired Immune Deficiency Syndrome, confidentiality of test
results of person convicted of prostitution, Section 1202.6, Penal
Code.
Acquired Immune Deficiency Syndrome, disclosure of results of HIV
test, penalties, Section 120980, Health and Safety Code.
Acquired Immune Deficiency Syndrome, personal information,
insurers tests, confidentiality of, Section 799, Insurance Code.
Acquired Immune Deficiency Syndrome, public safety and testing
disclosure, Sections 121065 and 121070, Health and Safety Code.
Acquired Immune Deficiency Syndrome Research and Confidentiality
Act, production or discovery of records for use in criminal or civil
proceedings against subject prohibited, Section 121100, Health and
Safety Code.
Acquired Immune Deficiency Syndrome Public Health Records
Confidentiality Act, personally identifying information
confidentiality, Section 121025, Health and Safety Code.
Acquired Immune Deficiency Syndrome, test of criminal defendant
pursuant to search warrant requested by victim, confidentiality of,
Section 1524.1, Penal Code.
Acquired Immune Deficiency Syndrome, test results, disclosure to
patient's spouse and others, Section 121015, Health and Safety Code.
Acquired Immune Deficiency Syndrome, test of person under Youth
Authority, disclosure of results, Section 1768.9, Welfare and
Institutions Code.
Acquired Immune Deficiency Syndrome Research and Confidentiality
Act, definitions, Section 121125, Health and Safety Code.
Acquired Immune Deficiency Syndrome Research and Confidentiality
Act, financial audits or program evaluations, Section 121085, Health
and Safety Code.
Acquired Immune Deficiency Syndrome Research and Confidentiality
Act, violations, Section 121100, Health and Safety Code.
Acquired Immune Deficiency Syndrome Research and Confidentiality
Act, personally identifying research records not to be disclosed,
Section 121075, Health and Safety Code.
Acquired Immune Deficiency Syndrome Research and Confidentiality
Act, permittee disclosure, Section 121080, Health and Safety Code.
Administrative procedure, adjudicatory hearings, disclosure of ex
parte communication to administrative law judge, Section 11513.5,
Government Code.
Administrative procedure, adjudicatory hearings, interpreters,
Section 11513, Government Code.
Adoption records, confidentiality of, Section 102730, Health and
Safety Code.
6276.04. Aeronautics Act, reports of investigations and hearings,
Section 21693, Public Utilities Code.
Agricultural producers marketing, access to records, Section
59616, Food and Agricultural Code.
Aiding disabled voters, Section 14234, Elections Code.
Air pollution data, confidentiality of trade secrets, Section
6254.7, Government Code, and Sections 42303.2 and 43206, Health and
Safety Code.
Air toxics emissions inventory plans, protection of trade secrets,
Section 4436, Health and Safety Code.
Alcohol and drug abuse records and records of communicable
diseases, confidentiality of, Section 123125, Health and Safety Code.
Alzheimer's Disease Demonstration Project, confidentiality of
patient information, Section 1311.2, Health and Safety Code.
Apiary registration information, confidentiality of, Section
29041, Food and Agricultural Code.
Arrest not resulting in conviction, disclosure or use of records,
Sections 432.7 and 432.8, Labor Code.
Arsonists, registered, confidentiality of certain information,
Section 457.1, Penal Code.
Artificial insemination, donor not natural father, confidentiality
of records, Section 7613, Family Code.
Assessor's records, confidentiality of information in, Section
408, Revenue and Taxation Code.
Assigned risk plans, rejected applicants, confidentiality of
information, Section 11624, Insurance Code.
Attorney applicant, investigation by State Bar, confidentiality
of, Section 6060.2, Business and Professions Code.
Attorney-client confidential communication, Section 6068, Business
and Professions Code and Sections 952, 954, 956, 956.5, 957, 958,
959, 960, 961, and 962, Evidence Code.
Attorney, disciplinary proceedings, confidentiality prior to
formal proceedings, Section 6086.1, Business and Professions Code.
Attorney, disciplinary proceeding, State Bar access to nonpublic
court records, Section 6090.6, Business and Professions Code.
Attorney, investigation by State Bar, confidentiality of, Section
6168, Business and Professions Code.
Attorney, law corporation, investigation by State Bar,
confidentiality of, Section 6168, Business and Professions Code.
Attorney, State Bar survey information, confidentiality of,
Section 6033, Business and Professions Code.
Attorney work product confidentiality in administrative
adjudication, Section 11507.6, Government Code.
Attorney, work product, confidentiality of, Section 6202, Business
and Professions Code.
Attorney work product, discovery, Section 2018, Code of Civil
Procedure.
Auditor General, access to records for audit purposes, Sections
10527 and 10527.1, Government Code.
Auditor General, disclosure of audit records, Section 10525,
Government Code.
Automobile Insurance Claims Depository, confidentiality of
information, Section 1876.3, Insurance Code.
Automobile insurance, investigation of fraudulent claims,
confidential information, Section 1872.8, Insurance Code.
Automotive repair facility, fact of certification or
decertification, Section 9889.47, Business and Professions Code.
Automotive repair facility, notice of intent to seek
certification, Section 9889.33, Business and Professions Code.
Avocado handler transaction records, confidentiality of, Sections
44982 and 44984, Food and Agricultural Code.
6276.06. Bank and Corporation Tax, disclosure of information,
Article 2 (commencing with Section 19542), Chapter 7, Part 10.2,
Division 2, Revenue and Taxation Code.
Bank employees, confidentiality of criminal history information,
Sections 777.5 and 4990, Financial Code.
Bank reports, confidentiality of, Section 1939, Financial Code.
Basic Property Insurance Inspection and Placement Plan,
confidential reports, Section 10097, Insurance Code.
Beef Council of California, confidentiality of fee transactions
information, Section 64691.1, Food and Agricultural Code.
Bids, confidentiality of, Section 10304, Public Contract Code.
Birth, death, and marriage licenses, confidential information
contained in, Sections 102100 and 102110, Health and Safety Code.
Birth defects, monitoring, confidentiality of information
collected, Section 103850, Health and Safety Code.
Birth, live, confidential portion of certificate, Sections 102430,
102475, 103525, and 103590, Health and Safety Code.
Blood tests, confidentiality of hepatitis and AIDS carriers,
Section 1603.1, Health and Safety Code.
Blood-alcohol percentage test results, vehicular offenses,
confidentiality of, Section 1804, Vehicle Code.
Bureau of Fraudulent Claims, investigations or publication of
information, Section 12991, Insurance Code.
Business and professions licensee exemption for social security
number, Section 30, Business and Professions Code.
6276.08. Cable television subscriber information, confidentiality
of, Section 637.5, Penal Code.
California AIDS Program, personal data, confidentiality, Section
199.72, Health and Safety Code.
California Apple Commission, confidentiality of lists of persons,
Section 75598, Food and Agricultural Code.
California Apple Commission, confidentiality of proprietary
information from producers or handlers, Section 75633, Food and
Agricultural Code.
California Asparagus Commission, confidentiality of lists of
producers, Section 78262, Food and Agricultural Code.
California Asparagus Commission, confidentiality of proprietary
information from producers, Section 78288, Food and Agricultural
Code.
California Avocado Commission, confidentiality of information from
handlers, Section 67094, Food and Agricultural Code.
California Avocado Commission, confidentiality of proprietary
information from handlers, Section 67104, Food and Agricultural Code.
California Cherry Commission, confidentiality of proprietary
information from producers, processors, shippers, or grower-handlers,
Section 76144, Food and Agricultural Code.
California Cut Flower Commission, confidentiality of lists of
producers, Section 77963, Food and Agricultural Code.
California Cut Flower Commission, confidentiality of proprietary
information from producers, Section 77988, Food and Agricultural
Code.
California Date Commission, confidentiality of proprietary
information from producers and grower-handlers, Section 77843, Food
and Agricultural Code.
California Egg Commission, confidentiality of proprietary
information from handlers or distributors, Section 75134, Food and
Agricultural Code.
California Forest Products Commission, confidentiality of lists of
persons, Section 77589, Food and Agricultural Code.
California Forest Products Commission, confidentiality of
proprietary information from producers, Section 77624, Food and
Agricultural Code.
California Iceberg Lettuce Commission, confidentiality of
information from handlers, Section 66624, Food and Agricultural Code.
California Kiwifruit Commission, confidentiality of proprietary
information from producers or handlers, Section 68104, Food and
Agricultural Code.
California Navel Orange Commission, confidentiality of proprietary
information from producers or handlers and lists of producers and
handlers, Section 73257, Food and Agricultural Code.
California Pepper Commission, confidentiality of lists of
producers and handlers, Section 77298, Food and Agricultural Code.
California Pepper Commission, confidentiality of proprietary
information from producers or handlers, Section 77334, Food and
Agricultural Code.
California Pistachio Commission, confidentiality of proprietary
information from producers or processors, Section 69084, Food and
Agricultural Code.
California Salmon Commission, confidentiality of fee transactions
records, Section 76901.5, Food and Agricultural Code.
California Salmon Commission, confidentiality of request for list
of commercial salmon vessel operators, Section 76950, Food and
Agricultural Code.
California Seafood Council, confidentiality of fee transaction
records, Section 78553, Food and Agricultural Code.
California Seafood Council, confidentiality of information on
volume of fish landed, Section 78575, Food and Agricultural Code.
California Sheep Commission, confidentiality of proprietary
information from producers or handlers and lists of producers,
Section 76343, Food and Agricultural Code.
California State University contract law, bids, questionnaires and
financial statements, Section 10763, Public Contract Code.
California Table Grape Commission, confidentiality of information
from shippers, Section 65603, Food and Agricultural Code.
California Tomato Commission, confidentiality of lists of
producers, handlers, and others, Section 78679, Food and Agricultural
Code.
California Tomato Commission, confidentiality of proprietary
information, Section 78704, Food and Agricultural Code.
California Walnut Commission, confidentiality of lists of
producers, Section 77101, Food and Agricultural Code.
California Walnut Commission, confidentiality of proprietary
information from producers or handlers, Section 77154, Food and
Agricultural Code.
California Wheat Commission, confidentiality of proprietary
information from handlers and lists of producers, Section 72104, Food
and Agricultural Code.
California Wheat Commission, confidentiality of requests for
assessment refund, Section 72109, Food and Agricultural Code.
California Wine Commission, confidentiality of proprietary
information from producers or vintners, Section 74655, Food and
Agricultural Code.
California Wine Grape Commission, confidentiality of proprietary
information from producers and vintners, Section 74955, Food and
Agricultural Code.
6276.10. Cancer registries, confidentiality of information,
Section 103885, Health and Safety Code.
Candidate for local nonpartisan elective office, confidentiality
of ballot statement, Section 10012.7, Elections Code.
Charter-Party Carriers, unauthorized disclosures by commission,
Section 5412.5, Public Utilities Code.
Child abuse information, exchange by multidisciplinary personnel
teams, Section 830, Welfare and Institutions Code.
Child abuse information reported to Department of Justice,
confidentiality of, Sections 11107.5 and 11169, Penal Code.
Child abuse report and those making report, confidentiality of,
Sections 11167, 11167.5, and 11174.3, Penal Code.
Child care liability insurance, confidentiality of information,
Section 1864, Insurance Code.
Child concealer, confidentiality of address, Section 277, Penal
Code.
Child custody investigation report, confidentiality of, Section
3111, Family Code.
Child day care facility, nondisclosure of complaint, Section
1596.853, Health and Safety Code.
Child health and disability prevention, confidentiality of health
screening and evaluation results, Section 124110, Health and Safety
Code.
Child support, confidentiality of income tax return, Section 3552,
Family Code.
Child support, promise to pay, confidentiality of, Section 7614,
Family Code.
Childhood lead poisoning prevention, confidentiality of blood lead
findings, Section 124130, Health and Safety Code.
Cigarette tax, confidential information, Section 30455, Revenue
and Taxation Code.
Civil actions, delayed disclosure for 30 days after complaint
filed, Section 482, Code of Civil Procedure.
Closed sessions, meetings of local governments, pending
litigation, Section 54956.9, Government Code.
Closed sessions, multijurisdictional drug enforcement agencies,
Section 54957.8, Government Code.
Colorado River Board, confidential information and records,
Section 12519, Water Code.
Commercial fishing licensee, confidentiality of records, Section
7923, Fish and Game Code.
Commercial fishing reports, Section 8022, Fish and Game Code.
Community care facilities, confidentiality of client information,
Section 1557.5, Health and Safety Code.
Community college employee, candidate examination records,
confidentiality of, Section 88093, Education Code.
Community college employee, notice and reasons for
nonreemployment, confidentiality, Section 87740, Education Code.
6276.12. Conservatee, confidentiality of the conservatee's
report, Section 1826, Probate Code.
Conservatee, estate plan of, confidentiality of, Section 2586,
Probate Code.
Conservatee, status report of, confidentiality of, Section 2620.1,
Probate Code.
Conservatee with disability, confidentiality of report, Section
1827.5, Probate Code.
Conservator, confidentiality of conservator's birthdate and driver'
s license number, Section 1834, Probate Code.
Conservator, supplemental information, confidentiality of, Section
1821, Probate Code.
Conservatorship, court review of, confidentiality of report,
Section 1851, Probate Code.
Consumer credit report information prohibited from being furnished
for employment purposes, Section 1785.18, Civil Code.
Consumer fraud investigations, access to complaints and
investigations, Section 26509, Government Code.
Consumption or utilization of mineral materials, disclosure of,
Section 2207.1, Public Resources Code.
Contractor, evaluations and contractor responses, confidentiality
of, Section 10370, Public Contract Code.
Contractor, license applicants, evidence of financial solvency,
confidentiality of, Section 7067.5, Business and Professions Code.
Controlled Substance Law violations, confidential information,
Section 818.7, Government Code.
Controlled substance offenders, confidentiality of registration
information, Section 11594, Health and Safety Code.
Cooperative Marketing Association, confidential information
disclosed to conciliator, Sections 54453 and 54457, Food and
Agricultural Code.
Coroner, inquests, subpoena duces tecum, Sections 27491.8 and
27498, Government Code.
Corporations, commissioner, publication of information filed with
commissioner, Section 25605, Corporations Code.
County alcohol programs, confidential information and records,
Section 11812, Health and Safety Code.
County Employees' Retirement, confidential statements and records,
Section 31532, Government Code.
County mental health system, confidentiality of client
information, Section 5610, Welfare and Institutions Code.
County social services, investigation of applicant,
confidentiality, Section 18491, Welfare and Institutions Code.
County social services rendered by volunteers, confidentiality of
records of recipients, Section 10810, Welfare and Institutions Code.
Court files, access to, restricted for 60 days, Section 1161.2,
Code of Civil Procedure.
Court reporters, confidentiality of records and reporters, Section
68525, Government Code.
Court-appointed special advocates, confidentiality of information
acquired or reviewed, Section 105, Welfare and Institutions Code.
Crane employers, previous business identities, confidentiality of,
Section 7383, Labor Code.
Credit unions, confidentiality of investigation and examination
reports, Section 14257, Financial Code.
Credit unions, confidentiality of employee criminal history
information, Section 14409.2, Financial Code.
Credit unions, confidentiality of financial reports, Section
16120, Financial Code.
Criminal defendant, indigent, confidentiality of request for funds
for investigators and experts, Section 987.9, Penal Code.
Criminal felon placed in diagnostic facility, confidentiality of
report of diagnosis and recommendation, Sections 1203.3 and 1543,
Penal Code.
Criminal offender record information, access to, Sections 11076,
11077, 11081, 13201, and 13202, Penal Code.
Criminal records information, disclosure by vendor, Section
11149.4, Penal Code.
Criminal statistics, confidentiality of information, Section
13013, Penal Code.
Crop reports, confidential, subdivision (e), Section 6254,
Government Code.
Customer list of employment agency, trade secret, Section 16607,
Business and Professions Code.
Customer list of telephone answering service, trade secret,
Section 16606, Business and Professions Code.
6276.14. Dairy Council of California, confidentiality of ballots,
Section 64155, Food and Agricultural Code.
Data processing systems contracts with state agencies,
confidentiality of information, Section 11772, Government Code.
Death, report that physician's or podiatrist's negligence or
incompetence may be cause, confidentiality of, Section 802.5,
Business and Professions Code.
Dentist advertising and referral contract exemption, Section
650.2, Business and Professions Code.
Dentist, alcohol or dangerous drug rehabilitation and diversion,
confidentiality of records, Section 1698, Business and Professions
Code.
Department of Consumer Affairs licensee exemption for alcohol or
dangerous drug treatment and rehabilitation records, Section 156.1,
Business and Professions Code.
Developmentally disabled conservatee confidentiality of reports
and records, Sections 416.8 and 416.18, Health and Safety Code.
Developmentally disabled or mentally disordered person as victim
of crime, information in report filed with law enforcement agency,
Section 5004.5, Welfare and Institutions Code.
Developmentally disabled person, access to information provided by
family member, Section 4727, Welfare and Institutions Code.
Developmentally disabled person and person with mental illness,
access to and release of information about, by protection and
advocacy agency, Section 4903, Welfare and Institutions Code.
Developmentally disabled person, confidentiality of patient
records, state agencies, Section 4553, Welfare and Institutions Code.
Developmentally disabled person, confidentiality of records and
information, Sections 4514 and 4518, Welfare and Institutions Code.
Developmentally disabled person, release of confidential client
information by regional center, Section 4744, Welfare and
Institutions Code.
Developmentally disabled, regional center, closed meeting on
individual client, Sections 4663 and 4665, Welfare and Institutions
Code.
Developmentally disabled, regional center, client confidentiality,
Section 4630, Welfare and Institutions Code.
Diesel Fuel Tax information, disclosure prohibited, Section 60609,
Revenue and Taxation Code.
Disability compensation, confidential medical records, Section
2714, Unemployment Insurance Code.
Disability insurance, access to registered information, Section
789.7, Insurance Code.
Discrimination complaint to Division of Labor Standards
Enforcement, confidentiality of witnesses, Section 98.7, Labor Code.
Dispute resolution participants confidentiality, Section 471.5,
Business and Professions Code.
District Agricultural Association Board, records, public
inspection, Section 3968, Food and Agricultural Code.
Domestic violence counselor and victim, confidentiality of
communication, Sections 1037.2 and 1037.5, Evidence Code.
Driver arrested for traffic violation, notice of reexamination for
evidence of incapacity, confidentiality of, Section 40313, Vehicle
Code.
Driver's license file information, sale or inspection, Section
1810, Vehicle Code.
Driving school and driving instructor licensee records,
confidentiality of, Section 11108, Vehicle Code.
6276.16. Educational psychologist-patient, privileged
communication, Section 1010.5, Evidence Code.
Electronic and appliance repair dealer, service contractor,
financial data in applications, subdivision (x), Section 6254,
Government Code.
Electronic data processing, data security and confidentiality,
Sections 11771 and 11772, Government Code.
Emergency Medical Services Fund, patient named, Section 1797.98c,
Health and Safety Code.
Eminent domain proceedings, use of state tax returns, Section
1263.520, Code of Civil Procedure.
Employee personnel file, confidential preemployment information,
Section 1198.5, Labor Code.
Employment agency, confidentiality of customer list, Section
16607, Business and Professions Code.
Employment application, nondisclosure of arrest record or certain
convictions, Sections 432.7 and 432.8, Labor Code.
Employment Development Department, furnishing materials, Section
307, Unemployment Insurance Code.
Equal wage rate violation, confidentiality of complaint, Section
1197.5, Labor Code.
Equalization, State Board of, prohibition against divulging
information, Section 15619, Government Code.
Escrow Agents' Fidelity Corporation, confidentiality of
examination and investigation reports, Section 17336, Financial Code.
Escrow agents' confidentiality of reports on violations, Section
17414, Financial Code.
Escrow agents' confidentiality of state summary criminal history
information, Section 17414.1, Financial Code.
Estate tax, confidential records and information, Sections 14251
and 14252, Revenue and Taxation Code.
Excessive rates or complaints, reports, Section 1857.9, Insurance
Code.
Executive Department, closed sessions and the record of topics
discussed, Sections 11126 and 11126.1, Government Code.
Executive Department, investigations and hearings, confidential
nature of information acquired, Section 11183, Government Code.
6276.18. Family counselor and client, confidential information,
Section 4982, Business and Professions Code.
Family Court, records, Section 1818, Family Law Code.
Farm product processor license, confidentiality of financial
statements, Section 55523.6, Food and Agricultural Code.
Farm product processor licensee, confidentiality of grape
purchases, Section 55601.5, Food and Agricultural Code.
Feepayer information, prohibition against disclosure by Board of
Equalization and others, Section 55831, Revenue and Taxation Code.
Financial institutions, issuance of securities, reports and
records of state agencies, subdivision (d), Section 6254, Government
Code.
Financial records, confidentiality of, Sections 7470, 7471, and
7473, Government Code.
Financial statements of insurers, confidentiality of information
received, Section 925.3, Insurance Code.
Financial statements and questionnaires, of prospective bidders
for the state, confidentiality of, Section 10165, Public Contract
Code.
Financial statements and questionnaires, of prospective bidders
for California State University contracts, confidentiality of,
Section 10763, Public Contract Code.
Firearm license applications, subdivision (u), Section 6254,
Government Code.
Firearm sale or transfer, confidentiality of records, Section
12082, Penal Code.
Firefighters Service Award, confidentiality of data filed with the
Board of Administration of the Public Employees' Retirement System,
Section 50955, Government Code.
Fish and wildlife law enforcement agreements with other states,
confidentiality of information, Section 391, Fish and Game Code.
Fish and wildlife taken illegally, public record status of records
of case, Section 2584, Fish and Game Code.
Food stamps, disclosure of information, Section 18909, Welfare and
Institutions Code.
Foreign marketing of agricultural products, confidentiality of
financial information, Section 58577, Food and Agricultural Code.
Forest fires, anonymity of informants, Section 4417, Public
Resources Code.
Foster homes, identifying information, Section 1536, Health and
Safety Code.
Frail elderly and functionally impaired adults receiving services
to prevent institutionalization, confidentiality of medical records,
Section 9390.5, Welfare and Institutions Code.
Franchise Tax Board, access to Franchise Tax Board information by
the State Department of Social Services, Section 11025, Welfare and
Institutions Code.
Franchise Tax Board, auditing, confidentiality of, Section 90005,
Government Code.
Franchises, applications, and reports filed with Commissioner of
Corporations, disclosure and withholding from public inspection,
Section 31504, Corporations Code.
Fur dealer licensee, confidentiality of records, Section 4041,
Fish and Game Code.
6276.22. Genetic test results in medical record of applicant or
enrollee of specified insurance plans, Sections 10123.35, 10140.1,
and 11512.965, Insurance Code.
Governor, correspondence of and to Governor and Governor's office,
subdivision (l), Section 6254, Government Code.
Governor, transfer of public records in control of, restrictions
on public access, Section 6268, Government Code.
Grand juror, disclosure of information or indictment, Section 924,
Penal Code.
Grand jury, confidentiality of request for special counsel,
Section 936.7, Penal Code.
Grand jury, confidentiality of transcription of indictment or
accusation, Section 938.1, Penal Code.
Group Insurance, Public Employees, Section 53202.25, Government
Code.
Guardian, confidentiality of report used to check ability, Section
2342, Probate Code.
Guardianship, confidentiality of report regarding the suitability
of the proposed guardian, Section 1543, Probate Code.
Guardianship, disclosure of report and recommendation concerning
proposed guardianship of person or estate, Section 1513, Probate
Code.
6276.24. Harmful matter, distribution, confidentiality of certain
recipients, Section 313.1, Penal Code.
Hazardous substance tax information, prohibition against
disclosure, Section 43651, Revenue and Taxation Code.
Hazardous waste control, business plans, public inspection,
Section 25506, Health and Safety Code.
Hazardous waste control, notice of unlawful hazardous waste
disposal, Section 25180.5, Health and Safety Code.
Hazardous waste control, trade secrets, disclosure of information,
Sections 25511 and 25538, Health and Safety Code.
Hazardous waste control, trade secrets, procedures for release of
information, Section 25358.2, Health and Safety Code.
Hazardous waste generator report, protection of trade secrets,
Sections 25244.21 and 25244.23, Health and Safety Code.
Hazardous waste license holder disclosure statement,
confidentiality of, Section 25186.5, Health and Safety Code.
Hazardous waste management facilities on Indian lands,
confidentiality of privileged or trade secret information, Section
25198.4, Health and Safety Code.
Hazardous waste recycling, duties of department, Section 25170,
Health and Safety Code.
Hazardous waste recycling, list of specified hazardous wastes,
trade secrets, Section 25175, Health and Safety Code.
Hazardous waste recycling, trade secrets, confidential nature,
Sections 25173 and 25180.5, Health and Safety Code.
Healing arts licensees, central files, confidentiality, Section
800, Business and Professions Code.
Health Care Provider Central Files, confidentiality of, Section
800, Business and Professions Code.
Health care provider disciplinary proceeding, confidentiality of
documents, Section 805.1, Business and Professions Code.
Health care service plans, review of quality of care, privileged
communications, Sections 1370 and 1380, Health and Safety Code.
Health facilities, patient's rights of confidentiality, Sections
128735, 128755, and 128765, Health and Safety Code.
Health facility and clinic, consolidated data and reports,
confidentiality of, Section 128730, Health and Safety Code.
Health personnel, data collection by the Office of Statewide
Health Planning and Development, confidentiality of information on
individual licentiates, Sections 127775 and 127780, Health and Safety
Code.
Health planning and development pilot projects, confidentiality of
data collected, Section 128165, Health and Safety Code.
Hereditary Disorders Act, legislative finding and declaration,
confidential information, Sections 124975 and 124980, Health and
Safety Code.
Hereditary Disorders Act, rules, regulations, and standards,
breach of confidentiality, Section 124980, Health and Safety Code.
Higher Education Employee-Employer Relations, findings of fact and
recommended terms of settlement, Section 3593, Government Code.
Higher Education Employee-Employer Relations, access by Public
Employment Relation Board to employer's or employee organizations
records, Section 3563, Government Code.
Highway carriers, disclosure of information by commission
employee, Section 3709, Public Utilities Code.
HIV, disclosures to blood banks by department or county health
officers, Section 1603.1, Health and Safety Code.
Home address of public employees and officers in Department of
Motor Vehicles, records, confidentiality of, Sections 1808.2 and
1808.4, Vehicle Code.
Homeless youth emergency
service pilot projects, collection of data, Section 13702, Welfare
and Institutions Code.
Horseracing, horses, blood or urine test sample, confidentiality,
Section 19577, Business and Professions Code.
Hospital district and municipal hospital records relating to
contracts with insurers and service plans, subdivision (t), Section
6254, Government Code.
Hospital final accreditation report, subdivision (s), Section
6254, Government Code.
Housing authorities, confidentiality of rosters of tenants,
Section 34283, Health and Safety Code.
Housing authorities, confidentiality of applications by
prospective or current tenants, Section 34332, Health and Safety
Code.
6276.26. Improper obtaining or distributing of information from
Department of Motor Vehicles, Sections 1808.46 and 1808.47, Vehicle
Code.
Improper governmental activities reporting, confidentiality of
identity of person providing information, Section 10545, Government
Code.
Improper governmental activities reporting, disclosure of
information, Section 10546, Government Code.
Industrial accident reports, confidentiality of information,
Section 129, Labor Code.
Industrial loan companies, confidentiality of financial
information, Section 18496, Financial Code.
Industrial loan companies, confidentiality of investigation and
examination reports, Section 18394, Financial Code.
In forma pauperis litigant, rules governing confidentiality of
financial information, Section 68511.3, Government Code.
Initiative, referendum, recall, and other petitions,
confidentiality of names of signers, Section 6253.5, Government Code.
Inspector General, Youth and Adult Correctional Agency,
confidentiality of records of employee interviews, Section 6127,
Penal Code.
Insurance claims analysis, confidentiality of information, Section
1875.16, Insurance Code.
Insurance Commissioner, confidential information, Sections 735.5,
1077.3, and 12919, Insurance Code.
Insurance Commissioner, informal conciliation of complaints,
confidential communications, Section 1858.02, Insurance Code.
Insurance Commissioner, information from examination or
investigation, confidentiality of, Sections 1215.7, 1433, and 1759.3,
Insurance Code.
Insurance Commissioner, report to Legislature, confidential
information, Section 12961, Insurance Code.
Insurance Commissioner, writings filed with nondisclosure, Section
855, Insurance Code.
Insurance fraud reporting, information acquired not part of public
record, Sections 1873.1 and 13001, Insurance Code.
Insurance Holding Company System Regulatory Act, examinations,
Section 1215.7, Insurance Code.
Insurance licensee, confidential information, Section 1666.5,
Insurance Code.
Insurer application information, confidentiality of, Section
925.3, Insurance Code.
Insurer financial analysis ratios and examination synopses,
confidentiality of, Section 933, Insurance Code.
Insurer, request for examination of, confidentiality of, Section
1067.11, Insurance Code.
Integrated Waste Management Board information, prohibition against
disclosure, Section 45981, Revenue and Taxation Code.
Intervention in regulatory and ratemaking proceedings, audit of
customer seeking and award, Section 1804, Public Utilities Code.
Investigative consumer reporting agency, limitations on furnishing
an investigative consumer report, Section 1786.12, Civil Code.
6276.28. Joint Legislative Ethics Committee, confidentiality of
reports and records, Section 8953, Government Code.
Judicial candidates, confidentiality of communications concerning,
Section 12011.5, Government Code.
Jurors' lists, lists of registered voters and licensed drivers as
source for, Section 197, Code of Civil Procedure.
Juvenile court proceedings to adjudge a person a dependent child
of court, sealing records of, Section 389, Welfare and Institutions
Code.
Juvenile criminal records, dissemination to schools, Section
828.1, Welfare and Institutions Code.
Juvenile delinquents, notification of chief of police or sheriff
of escape of minor from secure detention facility, Section 1155,
Welfare and Institutions Code.
Labor dispute, investigation and mediation records,
confidentiality of, Section 65, Labor Code.
Lanterman-Petris-Short Act, mental health services recipients,
confidentiality of information and records, mental health advocate,
Sections 5540, 5541, 5542, and 5550, Welfare and Institutions Code.
Law enforcement vehicles, registration disclosure, Section 5003,
Vehicle Code.
Legislative Counsel records, subdivision (m), Section 6254,
Government Code.
Library circulation records and other materials, subdivision (i),
Section 6254 and Section 6267, Government Code.
Life and disability insurers, actuarial information,
confidentiality of, Section 10489.15, Insurance Code.
Litigation, confidentiality of settlement information, Section
68513, Government Code.
Local agency legislative body, closed sessions, disclosure of
materials, Section 54956.9, Government Code.
Local government employees, confidentiality of records and claims
relating to group insurance, Section 53202.25, Government Code.
Local summary criminal history information, confidentiality of,
Sections 13300 and 13305, Penal Code.
Local agency legislative body, closed session, nondisclosure of
minute book, Section 54957.2, Government Code.
Local agency legislative body, meeting, disclosure of agenda,
Section 54957.5, Government Code.
Long-term health facilities, confidentiality of complaints
against, Section 1419, Health and Safety Code.
Long-term health facilities, confidentiality of records retained
by State Department of Health Services, Section 1439, Health and
Safety Code.
6276.30. Major Risk Medical Insurance Program, negotiations with
health plans, subdivisions (v) and (w) of Section 6254, Government
Code.
Mandated blood testing and confidentiality to protect public
health, prohibition against compelling identification of test
subjects, Section 120975, Health and Safety Code.
Mandated blood testing and confidentiality to protect public
health, unauthorized disclosures of identification of test subjects,
Section 120980, Health and Safety Code.
Mandated blood testing and confidentiality to protect public
health, disclosure to patient's spouse, sexual partner, needle
sharer, or county health officer, Section 121015, Health and Safety
Code.
Manufactured home, mobilehome, floating home, confidentiality of
home address of registered owner, Section 18081, Health and Safety
Code.
Marital confidential communications, Sections 980, 981, 982, 983,
984, 985, 986, and 987, Evidence Code.
Market reports, confidential, subdivision (e), Section 6254,
Government Code.
Marketing of commodities, confidentiality of financial
information, Section 58781, Food and Agricultural Code.
Marketing orders, confidentiality of processors or distributors'
information, Section 59202, Food and Agricultural Code.
Marriage, confidential, certificate, Section 511, Family Code.
Medi-Cal Benefits Program, confidentiality of information, Section
14100.2, Welfare and Institutions Code.
Medi-Cal Benefits Program, Evaluation Committee, confidentiality
of information, Section 14132.6, Welfare and Institutions Code.
Medi-Cal Benefits Program, Request of Department for Records of
Information, Section 14124.89, Welfare and Institutions Code.
Medi-Cal Fraud Bureau, confidentiality of complaints, Section
12528, Government Code.
Medical information, disclosure by provider unless prohibited by
patient in writing, Section 56.16, Civil Code.
Medical information, types of information not subject to patient
prohibition of disclosure, Section 56.30, Civil Code.
Medical and other hospital committees and peer review bodies,
confidentiality of records, Section 1157, Evidence Code.
Medical or dental licensee, action for revocation or suspension
due to illness, report, confidentiality of, Section 828, Business and
Professions Code.
Medical or dental licensee, disciplinary action, denial or
termination of staff privileges, report, confidentiality of, Sections
805, 805.1, and 805.5, Business and Professions Code.
Meetings of state agencies, disclosure of agenda, Section 11125.1,
Government Code.
Mental institution patient, notification to peace officers of
escape, Section 7325.5, Welfare and Institutions Code.
Mentally abnormal sex offender committed to state hospital,
confidentiality of records, Section 4135, Welfare and Institutions
Code.
Mentally disordered and developmentally disabled offenders, access
to criminal histories of, Section 1620, Penal Code.
Mentally disordered persons, court-ordered evaluation,
confidentiality of reports, Section 5202, Welfare and Institutions
Code.
Mentally disordered or mentally ill person, confidentiality of
written consent to detainment, Section 5326.4, Welfare and
Institutions Code.
Mentally disordered or mentally ill person, voluntarily or
involuntarily detained and receiving services, confidentiality of
records and information, Sections 5328, 5328.01, 5328.02, 5328.05,
5328.1, 5328.15, 5328.2, 5328.3, 5328.4, 5328.5, 5328.7, 5328.8,
5328.9, and 5330, Welfare and Institutions Code.
Mentally disordered or mentally ill person, weapons restrictions,
confidentiality of information about, Section 8103, Welfare and
Institutions Code.
Milk marketing, confidentiality of records, Section 61443, Food
and Agricultural Code.
Milk product certification, confidentiality of, Section 62121,
Food and Agricultural Code.
Milk, market milk, confidential records and reports, Section
62243, Food and Agricultural Code.
Milk product registration, confidentiality of information, Section
38946, Food and Agricultural Code.
Milk equalization pool plan, confidentiality of producers' voting,
Section 62716, Food and Agricultural Code.
Mining report, confidentiality of report containing information
relating to mineral production, reserves, or rate of depletion of
mining operation, Section 2207, Public Resources Code.
Minor, criminal proceeding testimony closed to public, Section
859.1, Penal Code.
Minority and women's business data possessed by state agencies,
confidentiality of, Section 15339.30, Government Code.
Minors, material depicting sexual conduct, records of suppliers to
be kept and made available to law enforcement, Section 1309.5, Labor
Code.
Misdemeanor and felony reports by police chiefs and sheriffs to
Department of Justice, confidentiality of, Sections 11107 and
11107.5, Penal Code.
Monetary instrument transaction records, confidentiality of,
Section 14167, Penal Code.
Missing persons' information, disclosure of, Sections 14201 and
14203, Penal Code.
Morbidity and mortality studies, confidentiality of records,
Section 100330, Health and Safety Code.
Motor vehicle accident reports, disclosure, Sections 16005, 20012,
and 20014, Vehicle Code.
Motor vehicles, department of, public records, exceptions,
Sections 1808 to 1808.7, inclusive, Vehicle Code.
Motor vehicle insurance fraud reporting, confidentiality of
information acquired, Section 1874.3, Insurance Code.
Motor vehicle liability insurer, data reported to Department of
Insurance, confidentiality of, Section 11628, Insurance Code.
Multijurisdictional drug law enforcement agency, closed sessions
to discuss criminal investigation, Section 54957.8, Government Code.
6276.32. Narcotic addict outpatient revocation proceeding,
confidentiality of reports, Section 3152.5, Welfare and Institutions
Code.
Narcotic and drug abuse patients, confidentiality of records,
Section 11977, Health and Safety Code.
Native American graves, cemeteries and sacred places, records of,
subdivision (r), Section 6254, Government Code.
Newspaper, radio, or television employee, nondisclosure of source
of information, Section 1070, Evidence Code.
Nonprofit Hospital Service Plan, conversion, disclosure statement,
confidentiality of, Section 11056, Insurance Code.
Nonprofit hospital service plans, reviews, Section 11512.09,
Insurance Code.
Notary public, confidentiality of application for appointment and
commission, Section 8201.5, Government Code.
Nurse, alcohol or dangerous drug diversion and rehabilitation
records, confidentiality of, Section 2770.12, Business and
Professions Code.
Obscene matter, defense of scientific or other purpose,
confidentiality of recipients, Section 311.8, Penal Code.
Occupational safety and health investigations, confidentiality of
complaints and complainants, Section 6309, Labor Code.
Occupational safety and health investigations, confidentiality of
trade secrets, Section 6322, Labor Code.
Official information acquired in confidence by public employee,
disclosure of, Sections 1040 and 1041, Evidence Code.
Oil and gas, confidentiality of proposals for the drilling of a
well, Section 3724.4, Public Resources Code.
Oil and gas, disclosure of onshore and offshore exploratory well
records, Section 3234, Public Resources Code.
Oil and gas, disclosure of well records, Section 3752, Public
Resources Code.
Oil and gas leases, surveys for permits, confidentiality of
information, Section 6826, Public Resources Code.
Oil spill feepayer information, prohibition against disclosure,
Section 46751, Revenue and Taxation Code.
Older adults receiving county services, providing information
between county agencies, confidentiality of, Section 9356, Welfare
and Institutions Code.
Organic food certification organization records, release of,
Section 110845, Health and Safety Code, and Section 46009, Food and
Agricultural Code.
Osteopathic physician and surgeon, rehabilitation and diversion
records, confidentiality of, Section 2369, Business and Professions
Code.
6276.34. Parole revocation proceedings, confidentiality of
information in reports, Section 3063.5, Penal Code.
Passenger fishing boat licenses, records, Section 7923, Fish and
Game Code.
Paternity, acknowledgement, confidentiality of records, Section
102760, Health and Safety Code.
Patient-physician confidential communication, Sections 992 and
994, Evidence Code.
Patient records, confidentiality of, Section 123135, Health and
Safety Code.
Payment instrument licensee records, inspection of, Section 33206,
Financial Code.
Payroll records, confidentiality of, Section 1776, Labor Code.
Peace officer personnel records, confidentiality of, Sections
832.7 and 832.8, Penal Code.
Penitential communication between penitent and clergy, Sections
1032 and 1033, Evidence Code.
Personal Income Tax, disclosure of information, Article 2
(commencing with Section 19542), Chapter 7, Part 10.2, Division 2,
Revenue and Taxation Code.
Personal information, information practices act, prohibitions
against disclosure by state agencies, Sections 1798.24 and 1798.75,
Civil Code.
Personal information, subpoena of records containing, Section
1985.4, Code of Civil Procedure.
Personal representative, confidentiality of personal
representative's birthdate and driver's license number, Section 8404,
Probate Code.
Personnel Administration, Department of, confidentiality of pay
data furnished to, Section 19826.5, Government Code.
Petition signatures, Section 29770, Elections Code.
Petroleum supply and pricing, confidential information, Sections
25364 and 25366, Public Resources Code.
Pharmacist, alcohol or dangerous drug diversion and rehabilitation
records, confidentiality of, Section 4436, Business and Professions
Code.
Physical therapist or assistant, records of dangerous drug or
alcohol diversion and rehabilitation, confidentiality of, Section
2667, Business and Professions Code.
Physical or mental condition or conviction of controlled substance
offense, records in Department of Motor Vehicles, confidentiality
of, Section 1808.5, Vehicle Code.
Physician and surgeon, rehabilitation and diversion records,
confidentiality of, Section 2355, Business and Professions Code.
Physician assistant, alcohol or dangerous drug diversion and
rehabilitation records, confidentiality of, Section 3534.7, Business
and Professions Code.
Physician competency examination, confidentiality of reports,
Section 2294, Business and Professions Code.
Physicians and surgeons, confidentiality of reports of patients
with a lapse of consciousness disorder, Section 103900, Health and
Safety Code.
Physician Services Account, confidentiality of patient names in
claims, Section 16956, Welfare and Institutions Code.
Physicians and surgeons, information about, confidentiality of,
Section 920, Business and Professions Code.
Podiatrist, alcohol or drug diversion and rehabilitation records,
confidentiality of, Section 2497.1, Business and Professions Code.
Pollution Control Financing Authority, financial data submitted
to, subdivision (o), Section 6254, Government Code.
Postmortem or autopsy photos, Section 129, Code of Civil
Procedure.
6276.36. Pregnancy tests by local public health agencies,
confidentiality of, Section 123380, Health and Safety Code.
Pregnant women, confidentiality of blood tests, Section 125105,
Health and Safety Code.
Prehospital emergency medical care, release of information,
Sections 1797.188 and 1797.189, Health and Safety Code.
Premarital examination, confidentiality of, Section 594, Family
Code.
Prenatal syphilis tests, confidentiality of, Section 120705,
Health and Safety Code.
Presiding Officer, Section 11513.5, Government Code.
Prisoners, behavioral research on, confidential personal
information, Section 3515, Penal Code.
Prisoners, confidentiality of blood tests, Section 7530, Penal
Code.
Prisoners, medical testing, confidentiality of records, Sections
7517 and 7540, Penal Code.
Prisoners, transfer from county facility for mental treatment and
evaluation, confidentiality of written reasons, Section 4011.6, Penal
Code.
Private industry wage data collected by public entity,
confidentiality of, Section 6254.6, Government Code.
Private railroad car tax, confidentiality of information, Section
11655, Revenue and Taxation Code.
Probate referee, disclosure of materials, Section 8908, Probate
Code.
Probation officer reports, inspection of, Section 1203.05, Penal
Code.
Produce dealer, confidentiality of financial statements, Section
56254, Food and Agricultural Code.
Products liability insurers, transmission of information, Sections
1857.7 and 1857.9, Insurance Code.
Professional corporations, financial statements, confidentiality
of, Section 13406, Corporations Code.
Property on loan to museum, notice of intent to preserve an
interest in, not subject to disclosure, Section 1899.5, Civil Code.
Property taxation, confidentiality of change of ownership, Section
481, Revenue and Taxation Code.
Property taxation, confidentiality of property information,
Section 15641, Government Code and Section 833, Revenue and Taxation
Code.
Proprietary information, availability only to the director and
other persons authorized by the operator and the owner, Section 2778,
Public Resources Code.
Psychologist and client, confidential relations and
communications, Section 2918, Business and Professions Code.
Psychotherapist-patient confidential communication, Sections 1012
and 1014, Evidence Code.
Public employees' home addresses and telephone numbers,
confidentiality of, Section 6254.3, Government Code.
Public Employees' Retirement System, confidentiality of data filed
by member or beneficiary with board of administration, Section
20134, Government Code.
Public school employees organization, confidentiality of proof of
majority support submitted to Public Employment Relations Board,
Sections 3544, 3544.1, and 3544.5, Government Code.
Public social services, confidentiality of digest of decisions,
Section 10964, Welfare and Institutions Code.
Public social services, confidentiality of information regarding
child abuse or elder or dependent persons abuse, Section 10850.1,
Welfare and Institutions Code.
Public social services, confidentiality of information regarding
eligibility, Section 10850.2, Welfare and Institutions Code.
Public social services, confidentiality of records, Section 10850,
Welfare and Institutions Code.
Public social services, disclosure of information to law
enforcement agencies, Section 10850.3, Welfare and Institutions Code.
Public social services, disclosure of information to law
enforcement agencies regarding deceased applicant or recipient,
Section 10850.7, Welfare and Institutions Code.
Public utilities, confidentiality of information, Section 583,
Public Utilities Code.
Pupil, confidentiality of personal information, Section 45345,
Education Code.
Pupil drug and alcohol use questionnaires, confidentiality of,
Section 11605, Health and Safety Code.
Pupil, expulsion hearing, disclosure of testimony of witness and
closed session of district board, Section 48918, Education Code.
Pupil, personal information disclosed to school counselor,
confidentiality of, Section 49602, Education Code.
Pupil record contents, records of administrative hearing to change
contents, confidentiality of, Section 49070, Education Code.
Pupil records, access authorized for specified parties, Section
49076, Education Code.
Pupil records, disclosure in hearing to dismiss or suspend school
employee, Section 44944.1, Education Code.
Pupil records, release of directory information to private
entities, Sections 49073 and 49073.5, Education Code.
6276.38. Radioactive materials, dissemination of information
about transportation of, Section 33002, Vehicle Code.
Real estate broker, annual report to Department of Real Estate of
financial information, confidentiality of, Section 10232.2, Business
and Professions Code.
Real property, acquisition by state or local government,
information relating to feasibility, subdivision (h), Section 6254,
Government Code.
Real property, change in ownership statement, confidentiality of,
Section 27280, Government Code.
Reciprocal agreements with adjoining states, Section 391, Fish and
Game Code.
Records of contract purchasers, inspection by public prohibited,
Section 85, Military and Veterans Code.
Registered public obligations, inspection of records of security
interests in, Section 5060, Government Code.
Registration of exempt vehicles, nondisclosure of name of person
involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section
19016, Welfare and Institutions Code.
Reinsurance intermediary-broker license information,
confidentiality of, Section 1781.3, Insurance Code.
Rent control ordinance, confidentiality of information concerning
accommodations sought to be withdrawn from, Section 7060.4,
Government Code.
Report of probation officer, inspection, copies, Section 1203.05,
Penal Code.
Repossession agency licensee application, confidentiality of
information, Sections 7503, 7504, and 7506.5, Business and
Professions Code.
Residence address in any record of Department of Housing and
Community Development, confidentiality of, Section 6254.1, Government
Code.
Residence address in any record of Department of Motor Vehicles,
confidentiality of, Section 6254.1, Government Code, and Section
1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor
Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information,
Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of
client information, Section 1569.315, Health and Safety Code.
Respiratory care practitioner, professional competency examination
reports, confidentiality of, Section 3756, Business and Professions
Code.
Restraint of trade, civil action by district attorney,
confidential memorandum, Section 16750, Business and Professions
Code.
Reward by governor for information leading to arrest and
conviction, confidentiality of person supplying information, Section
1547, Penal Code.
6276.40. Sales and use tax, disclosure of information, Section
7056, Revenue and Taxation Code.
Savings association employees, disclosure of criminal history
information, Sections 6525 and 8012, Financial Code.
Savings associations, inspection of records by shareholders,
Section 6050, Financial Code.
School district governing board, disciplinary action, disclosure
of pupil information, Section 35146, Education Code.
School employee, merit system examination records, confidentiality
of, Section 45274, Education Code.
School employee, notice and reasons for hearing on nonreemployment
of employee, confidentiality of, Sections 44948.5 and 44949,
Education Code.
School meals for needy pupils, confidentiality of records, Section
49558, Education Code.
Sealed records, arrest for misdemeanor, Section 851.7, Penal Code.
Sealed records, misdemeanor convictions, Section 1203.45, Penal
Code.
Sealing and destruction of arrest records, determination of
innocence, Section 851.8, Penal Code.
Search warrants, special master, Section 1524, Penal Code.
Seriously mentally disordered, pilot agencies provided integrated
services to, confidentiality of records of recipients, Section 5815,
Welfare and Institutions Code.
Sex change, confidentiality of birth certificate, Section 103440,
Health and Safety Code.
Sex offenders, registration form, Section 290, Penal Code.
Sex offenders, specimen and other information, unauthorized
disclosure, Section 290.2, Penal Code.
Sexual assault forms, confidentiality of, Section 13823.5, Penal
Code.
Sexual assault victim counselor and victim, confidential
communication, Sections 1035.2, 1035.4, and 1035.8, Evidence Code.
Shorthand reporter's complaint, Section 8010, Business and
Professions Code.
Small business information compiled by state agencies,
confidentiality of, Section 15331.2, Government Code.
Small family day care homes, identifying information, Section
1596.86, Health and Safety Code.
Social security number, applicant for driver's license or
identification card, disclosure of, Section 1653.5, Vehicle Code.
6276.42. State agency activities relating to unrepresented
employees, subdivision (p) of Section 6254, Government Code.
State agency activities relating to providers of health care,
subdivision (a) of Section 6254, Government Code.
State Auditor, access to barred records, Section 8545.2,
Government Code.
State Auditor, confidentiality of records, Sections 8545, 8545.1,
and 8545.3, Government Code.
State civil service employee, confidentiality of appeal to state
personnel board, Section 18952, Government Code.
State civil service employees, confidentiality of reports, Section
18573, Government Code.
State civil service examination, confidentiality of application
and examination materials, Section 18934, Government Code.
State Contract Act, bids, questionnaires and financial statements,
Section 10165, Public Contract Code.
State Contract Act, bids, sealing, opening and reading bids,
Section 10304, Public Contract Code.
State Energy Resources Conservation and Development Commission,
confidentiality of proprietary information submitted to, Sections
25233 and 25321, Public Resources Code.
State hospital patients, information and records in possession of
Superintendent of Public Instruction, confidentiality of, Section
56863, Education Code.
State information security officer, implementation of
confidentiality policies, Section 11771, Government Code.
State Long-Term Care Ombudsman, access to government agency
records, Section 9723, Welfare and Institutions Code.
State Long-Term Care Ombudsman office, confidentiality of records
and files, Section 9725, Welfare and Institutions Code.
State Long-Term Care Ombudsman office, disclosure of information
or communications, Section 9715, Welfare and Institutions Code.
State Lottery Evaluation Report, disclosure, Section 8880.46,
Government Code.
State summary criminal history information, confidentiality of
information, Sections 11105, 11105.1, 11105.3, and 11105.4, Penal
Code.
Sterilization of disabled, confidentiality of evaluation report,
Section 1955, Probate Code.
Strawberry marketing information, confidentiality of, Section
63124, Food and Agricultural Code.
Structural pest control licensee records relating to pesticide
use, confidentiality of, Section 15205, Food and Agricultural Code.
Student driver, records of physical or mental condition,
confidentiality of, Section 12661, Vehicle Code.
Student, community college, information received by school
counselor, confidentiality of, Section 72621, Education Code.
Student, community college, records, limitations on release,
Section 76243, Education Code.
Student, community college, record contents, records of
administrative hearing to change contents, confidentiality of,
Section 76232, Education Code.
Student, release of student records by public college or
university, limitations on, Section 67143, Education Code.
Student, sexual assault on private higher education institution
campus, confidentiality of information, Section 94385, Education
Code.
Student, sexual assault on public college or university,
confidentiality of information, Section 67385, Education Code.
Student, civil action against public college or university,
production of student records, confidentiality of contents, Section
67137.5, Education Code.
Student in public college or university, record of disciplinary
action for sexual assault or physical abuse, access by alleged
victim, Section 67134, Education Code.
Student, release of directory information by public college or
university, Section 67140, Education Code.
Sturgeon egg processors, records, Section 10004, Fish and Game
Code.
6276.44. Taxpayer information, confidentiality, local taxes,
subdivision (h), Section 6254, Government Code.
Tax preparer, disclosure of information obtained in business of
preparing tax returns, Section 17530.5, Business and Professions
Code.
Teacher, credential holder or applicant, information provided to
Commission on Teacher Credentialing, confidentiality of, Section
44341, Education Code.
Teacher, certified school personnel examination results,
confidentiality of, Section 44289, Education Code.
Teacher, information filed with Teachers' Retirement Board,
confidentiality of, Section 22221, Education Code.
Telephone answering service customer list, trade secret, Section
16606, Business and Professions Code.
Timber yield tax, disclosure to county assessor, Section 38706,
Revenue and Taxation Code.
Timber yield tax, disclosure of information, Section 38705,
Revenue and Taxation Code.
Title insurers, confidentiality of notice of noncompliance,
Section 12414.14, Insurance Code.
Tow truck driver, information in records of California Highway
Patrol, Department of Motor Vehicles, or other agencies,
confidentiality of, Sections 2431 and 2432.3, Vehicle Code.
Toxic substances, Department of, inspection of records of, Section
25152.5, Health and Safety Code.
Trade secrets, Section 1060, Evidence Code.
Trade secrets, confidentiality of, occupational safety and health
inspections, Section 6322, Labor Code.
Trade secrets, disclosure of public records, Section 3426.7, Civil
Code.
Trade secrets, food, drugs, cosmetics, nondisclosure, Sections
110165 and 110370, Health and Safety Code.
Trade secrets, protection by Director of the Department of
Pesticide Regulation, Section 6254.2, Government Code.
Trade secrets and proprietary information relating to pesticides,
confidentiality of, Sections 14022 and 14023, Food and Agricultural
Code.
Trade secrets, protection by Director of Industrial Relations,
Section 6396, Labor Code.
Trade secrets relating to hazardous substances, disclosure of,
Sections 25358.2 and 25358.7, Health and Safety Code.
Traffic violator school licensee records, confidentiality of,
Section 11212, Vehicle Code.
Traffic offense, dismissed for participation in driving school or
program, record of, confidentiality of, Section 1808.7, Vehicle Code.
Transit districts, questionnaire and financial statement
information in bids, Section 99154, Public Utilities Code.
Trust companies, disclosure of private trust confidential
information, Section 1582, Financial Code.
6276.46. Unclaimed property, Controller records of, disclosure,
Section 1582, Code of Civil Procedure.
Unemployment compensation, disclosure of confidential information,
Section 2111, Unemployment Insurance Code.
Unemployment compensation, information obtained in administration
of code, Section 1094, Unemployment Insurance Code.
Unemployment compensation, purposes for which use of information
may be authorized, Section 1095, Unemployment Insurance Code.
Unemployment fund contributions, publication of annual tax rate,
Section 989, Unemployment Insurance Code.
Unsafe working condition, confidentiality of complainant, Section
6309, Labor Code.
Use fuel tax information, disclosure prohibited, Section 9255,
Revenue and Taxation Code.
Utility systems development, confidential information, subdivision
(e), Section 6254, Government Code.
Vehicle registration, financial responsibility verification study,
confidentiality of information, Sections 4750.2 and 4750.4, Vehicle
Code.
Vehicle accident reports, disclosure of, Sections 16005, 20012,
and 20014, Vehicle Code and Section 27177, Streets and Highways Code.
Vehicular offense, record of, confidentiality five years after
conviction, Section 1807.5, Vehicle Code.
Veterans Affairs, Department of, confidentiality of records of
contract purchasers, Section 85, Military and Veterans Code.
Veterinarian or animal health technician, alcohol or dangerous
drugs diversion and rehabilitation records, confidentiality of,
Section 4871, Business and Professions Code.
Victim, statements at sentencing, Section 1191.15, Penal Code.
Victims' Legal Resource Center, confidentiality of information and
records retained, Section 13897.2, Penal Code.
Voter, registration by confidential affidavit, Section 615,
Elections Code.
Voter registration card, confidentiality of information contained
in, Section 6254.4, Government Code.
Voting, secrecy, Section 1050, Evidence Code.
Wards and dependent children, inspection of juvenile court
documents, Section 827, Welfare and Institutions Code.
6276.48. Wards and dependent children, release of description
information about minor escapees, Section 828, Welfare and
Institutions Code.
Wards, petition for sealing records, Section 781, Welfare and
Institutions Code.
Welfare, statewide automated system work plan, confidentiality of
data on individuals, Section 10818, Welfare and Institutions Code.
Wills, confidentiality of, Section 6389, Probate Code.
Winegrowers of California commission, confidentiality of producers'
or vintners' proprietary information, Sections 74655 and 74955, Food
and Agricultural Code.
Workers' Compensation Appeals Board, injury or illness report,
confidentiality of, Section 6412, Labor Code.
Workers' compensation insurance, dividend payment to policyholder,
confidentiality of information, Section 11739, Insurance Code.
Workers' compensation insurance fraud reporting, confidentiality
of information, Sections 1877.3 and 1877.4, Insurance Code.
Workers' compensation insurer or rating organization,
confidentiality of notice of noncompliance, Section 11754, Insurance
Code.
Workers' compensation insurer, rating information, confidentiality
of, Section 11752.7, Insurance Code.
Workers' compensation, notice to correct noncompliance, Section
11754, Insurance Code.
Workers' compensation, release of information to other
governmental agencies, Section 11752.5, Insurance Code.
Workers' compensation, self-insured employers, confidentiality of
financial information, Section 3742, Labor Code.
Workplace inspection photographs, confidentiality of, Section
6314, Labor Code.
Youth Authority, parole revocation proceedings, confidentiality
of, Section 1767.6, Welfare and Institutions Code.
Youth Authority, release of information in possession of Youth
Authority for offenses under Sections 676, 1764.1, and 1764.2,
Welfare and Institutions Code.
Youth Authority, records, policies, and procedures, Section 1905,
Welfare and Institutions Code.
Youth Authority, records, disclosure, Section 1764, Welfare and
Institutions Code.
Youth Authority parolee, disclosure of personal information in
revocation proceedings, Section 1767.6, Welfare and Institutions
Code.
Youth service bureau, confidentiality of client records, Section
1905, Welfare and Institutions Code.
SEC. 13. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution. 17300) is added to Part 2 of
Division 7 of the Business and Professions Code, to read:
CHAPTER 6. REPRESENTATIVE ACTIONS ON BEHALF OF PUBLIC
17300. As used in this chapter:
(a) "Enforcement action" means an action by a prosecutor under
Chapter 5 (commencing with Section 17200) or Part 3 (commencing with
Section 17500).
(b) "Prosecutor" means the Attorney General or appropriate
district attorney, county counsel, city attorney, or city prosecutor.
(c) "Representative cause of action" means a cause of action
asserted by a private plaintiff on behalf of the general public under
Section 17204 or 17535.
17301. (a) A private plaintiff may plead a representative cause
of action on behalf of the interests of the general public under
Section 17204 or 17535 only if the requirements of this chapter are
satisfied.
(b) The private plaintiff shall separately state the
representative cause of action in the pleadings, and shall designate
it as being brought "on behalf of the interests of the general public"
under Section 17204 or 17535, as applicable.
17302. (a) A private plaintiff in a representative action may not
have a conflict of interest that reasonably could compromise the
good faith representation of the interests of the general public
pled.
(b) The attorney for a private plaintiff in a representative
action must be an adequate legal representative of the interests of
the general public pled.
(c) On noticed motion of a party or on the court's own motion, the
court shall determine by order whether the requirements of
subdivisions (a) and (b) are satisfied. The determination may be
based on the pleadings. The court may inquire into the matters in
its discretion or may permit discovery. In making its determination,
the court shall consider standards applied in class actions. If the
court determines that the requirements of subdivisions (a) and (b)
are not satisfied, the representative cause of action shall be
stricken from the complaint.
(d) An order under this subdivision may be conditional, and may be
modified before judgment in the action.
(e) This section does not preclude the court from granting
appropriate preliminary relief before a determination is made under
subdivision (c).
17303. Within 10 days after commencement of a representative
action, the private plaintiff shall give notice of the action and of
any application for preliminary relief, together with a copy of the
complaint, to the Attorney General and to the district attorney of
the county where the action is pending. Notice of any application
for preliminary relief shall be given in the same manner as notice is
given to the defendant.
17304. (a) Promptly after summons is served on the defendant in
an enforcement action or representative action, the defendant shall
notify the plaintiff and the court of any other enforcement actions,
representative actions, or class actions pending in this state
against the defendant that are based on substantially similar facts
and theories of liability and that are known to the defendant.
(b) Promptly after summons is served on the defendant in an
enforcement action, representative action, or class action in this
state, the defendant shall give notice of the filing to the plaintiff
and the court in all pending enforcement actions and representative
actions in this state against the defendant that are based on
substantially similar facts and theories of liability and that are
known to the defendant.
17305. (a) With respect to a representative cause of action, at
least 45 days before entry of a judgment, or any modification of a
judgment, which is a final determination of the representative cause
of action, the private plaintiff shall give notice of the proposed
terms of the judgment or modification, including all stipulations and
associated agreements between the parties, together with notice of
the time and place set for a hearing on entry of the judgment or
modification, to all of the following:
(1) The Attorney General.
(2) The district attorney of the county where the action is
pending.
(3) Other parties with cases pending against the defendant based
on substantially similar facts and theories of liability known to the
plaintiff.
(4) Each person who has filed with the court a request for notice
of the terms of judgment.
(5) Other persons as ordered by the court.
(b) A person given notice under subdivision (a) or any other
interested person may apply to the court for leave to intervene in
the hearing provided by Section 17306. Nothing in this subdivision
limits any other right a person may have to intervene in the action.
(c) On motion of a party or on the court's own motion, the court
for good cause may shorten or lengthen the time for giving notice
under subdivision (a).
17306. (a) With respect to a representative cause of action,
before entry of a judgment, or any modification of a judgment, which
is a final determination of the representative cause of action, a
hearing shall be held to determine whether the requirements of this
chapter have been satisfied.
(b) At the hearing the court shall consider the showing made by
the parties and any other persons permitted to appear and shall order
entry of judgment only if the court finds that all of the following
requirements have been satisfied:
(1) The proposed judgment and any stipulations and associated
agreements are fair, reasonable, and adequate to protect the
interests of the general public pled.
(2) Any award of attorney's fees included in the judgment or in
any stipulation or associated agreement complies with applicable law.
(3) The private plaintiff satisfies the requirements of
subdivision (a) of Section 17302.
(4) The attorney for the private plaintiff satisfies the
requirements of subdivision (b) of Section 17302.
(5) All other requirements of this chapter have been satisfied.
17307. A representative cause of action may not be dismissed,
settled, or compromised without the approval of the court and a
determination that the disposition of the representative cause of
action is fair, reasonable, and adequate to protect the interests of
the general public pled. The court, in its discretion, may set the
matter for hearing on notice to persons who would receive notice
under Section 17306.
17309. (a) If a private plaintiff has commenced an action that
includes a representative cause of action and a prosecutor has
commenced an enforcement action against the same defendant based on
substantially similar facts and theories of liability, the court in
which either action is pending, on motion of a party or on the court'
s own motion, may stay the private plaintiff's representative cause
of action until completion of the prosecutor's enforcement action,
may make an order for consolidation or coordination of the actions,
or may make any other order, in the interest of justice.
(b) The determination under subdivision (a) may be made at any
time during the proceedings and regardless of the order in which the
actions were commenced.
(c) Nothing in this section affects any right the plaintiff may
have to costs and attorney's fees pursuant to Section 1021.5 of the
Code of Civil Procedure or other applicable law.
17310. Notice provided to the Attorney General or a district
attorney under Section 17303 or 17305 does not impose any duty on the
Attorney General or district attorney. The Attorney General or
district attorney is not precluded from taking any future action as a
consequence of not taking action in response to notice or any
determination made under Section 17306.
17311. This chapter applies to actions commenced after December
31, 1997.