BILL ANALYSIS
SB 359
Page 1
SENATE THIRD READING
SB 359 (Romero)
As Amended May 5, 2009
Majority vote
SENATE VOTE :36-0
GOVERNMENTAL ORGANIZATION 17-0
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|Ayes:|Coto, Anderson, Chesbro, | | |
| |Cook, | | |
| |De Leon, Evans, Hall, | | |
| |Hill, Jeffries, Lieu, | | |
| |Mendoza, Nestande, | | |
| |V. Manuel Perez, | | |
| |Portantino, Silva, | | |
| |Torrico, Tran | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Updates the statute within the California Public
Records Act (Act) that contains an alphabetical list of records
that are exempt from disclosure. The bill also requires that a
standing committee of the Legislature introduce a bill at the
beginning of each two-year session that updates this
alphabetical list of records exempt from disclosure under the
Act.
EXISTING LAW :
1) Governs the disclosure of information collected and
maintained by public agencies [Government Code Section 6250
et seq.].
2) Provides that all public records are open to public
inspection, unless the record requested is exempt from
public disclosure [Government Code Section 6254.].
3) Provides that a public record may be exempt from
disclosure if it is identified by statute or pursuant to
any other state or federal law that makes a particular
record confidential [Government Code Section 6254 (k)].
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4) Creates an alphabetical index of the many code sections
that an agency can rely on to justify non-disclosure of
particular records. This provision declares the
Legislature's intent to, after January 1, 1999, list and
describe each addition or amendment to a statute that
exempts any information contained in a public record from
disclosure. However, the provision also declares that
listing of a statute in this alphabetical index does not,
in itself, create an exemption [Government Code Section
6275 et seq.].
5) Guarantees the constitutional right of the public to
access public records, favoring transparency, open
disclosure, and the narrow reading of exemptions from
public disclosure provided by statute. As a result, each
statute that exempts records from disclosure contains
findings consistent with Proposition 59. These exemptions
are not necessarily contained within the CPRA, but may be
listed in the alphabetical index [California Constitution
Article I, Section 3].
6) Does not identify when the alphabetical index of the
records exempt from disclosure must be updated.
FISCAL EFFECT : Unknown
COMMENTS : There are 30 general categories of documents or
information that are exempt from disclosure, essentially due to
the character of the information, and unless it is shown that
the public's interest in disclosure outweighs the public's
interest in nondisclosure of the information, the exempt
information may be withheld by the public agency with custody of
the information.
The Act requires each state and local agency, including a school
district, to make its records available to the public upon
request unless the record is exempt from disclosure. The Act
lists many types of records that are exempt from disclosure and
also provides that a record may be exempt from disclosure
pursuant to any other state or federal law that makes a
particular record confidential.
SB 143 (Kopp), Chapter 620, 1998 Statutes of 1998, added to the
Act an alphabetical index of the many code sections outside the
SB 359
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Act that an agency can rely on to justify nondisclosure of
particular records. The index is a valuable tool for a person
requesting a record and for an agency that is required to
respond to a request for records within 10 days. However, the
index has not been updated in several years to reflect new
legislation that makes certain records confidential.
According to the author, this bill updates the alphabetical
index of other code sections that can provide a basis for non
disclosure of public records under the California Public Records
Act (Act). The author states that this bill does not establish
any new exemption or create any new law. This bill seeks to
update the index to ensure that it remains a valuable tool for
persons requesting records and agencies responding to requests.
Prior legislation: SB 143 (Kopp), Chapter 620, Statutes of
1998, makes various changes to the Act including establishing an
index of public records within the Act itself that are exempt
from disclosure under current law that is contained under
various other codes.
AB 2749 (Gaines), Chapter 501, Statutes of 2008, reorganizes
sections of the Financial Code relating to the powers of the
Commissioner of the Department of Financial Institutions (DFI)
and makes other technical changes intended to ease
administration of the law by DFI.
AB 1750 (Committee on Health), Chapter 577, Statutes of 2007,
conforms state law to certain provisions of the federal Deficit
Reduction Act of 2005 (DRA) and the federal False Claims Act
related to Medi-Cal. This law makes various technical and
non-substantive changes in law related to health care service
plans and health insurers, the operations of the Managed Risk
Medical Insurance Board, Native American health, and Proposition
99 programs.
SB 1743 (Bowen), Chapter 689, Statutes of 2006, exempts an
action for name change, filed for the purpose of avoiding
domestic violence or stalking where the petitioner is a victim
of sexual assault, from the requirement for publication for the
order to show cause. Also, this law makes technical
cross-referencing changes in the Evidence Code dealing with
privileged communications between victims and counselors to
correctly refer to the privilege as the counselor-victim
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privilege and the counselor as a sexual assault or domestic
violence counselor or human trafficking case worker.
AB 3081 (Committee on Judiciary), Chapter 182, Statutes of 2004,
reorganizes civil discovery statutes by dividing the statutes
into short sections grouped in chapters according to subject
matter. Makes conforming changes in cross-references to the
discovery statutes in other code sections.
SB 111 (Knight), Chapter 193, Statutes of 2004, deletes obsolete
reporting requirements and reflected statutory changes that
occurred during the 2003 legislative year.
AB 1298 (Hancock), Chapter 750, Statutes of 2004, exempts
contracts with blood factor manufacturers for the Genetic
Handicapped Person's Programs and the California Children's
Services from disclosure under public records laws.
AB 171 (Cohn), Chapter 424, Statutes of 2003, provides
exemptions from the Act and the Ralph M. Brown Open Meetings Act
for a governing board of a Local Initiative Health Plan to allow
the board to meet in closed session to consider and take action
on matters pertaining to health plan trade secrets, contracts,
and contract negotiations by the health plan with health care
service providers.
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531
FN: 0001843