Assembly BillNo. 134

3

6254.  

Except as provided in Sections 6254.7 and 6254.13,
4nothing in this chapter shall be construed to require disclosure of
5records that are any of the following:

6(a) Preliminary drafts, notes, or interagency or intra-agency
7memoranda that are not retained by the public agency in the
8ordinary course of business, if the public interest in withholding
9those records clearly outweighs the public interest in disclosure.

P3    1(b) Records pertaining to pending litigation to which the public
2agency is a party, or to claims made pursuant to Division 3.6
3(commencing with Section 810), until the pending litigation or
4claim has been finally adjudicated or otherwise settled.

5(c) Personnel, medical, or similar files, the disclosure of which
6would constitute an unwarranted invasion of personal privacy.

7(d) Contained in or related to any of the following:

8(1) Applications filed with any state agency responsible for the
9regulation or supervision of the issuance of securities or of financial
10institutions, including, but not limited to, banks, savings and loan
11associations, industrial loan companies, credit unions, and
12insurance companies.

13(2) Examination, operating, or condition reports prepared by,
14on behalf of, or for the use of, any state agency referred to in
15paragraph (1).

16(3) Preliminary drafts, notes, or interagency or intra-agency
17communications prepared by, on behalf of, or for the use of, any
18state agency referred to in paragraph (1).

19(4) Information received in confidence by any state agency
20referred to in paragraph (1).

21(e) Geological and geophysical data, plant production data, and
22similar information relating to utility systems development, or
23market or crop reports, that are obtained in confidence from any
24person.

25(f) Records of complaints to, or investigations conducted by,
26or records of intelligence information or security procedures of,
27the office of the Attorney General and the Department of Justice,
28the Office of Emergency Services, and any state or local police
29agency, or any investigatory or security files compiled by any other
30state or local police agency, or any investigatory or security files
31compiled by any other state or local agency for correctional, law
32enforcement, or licensing purposes. However, state and local law
33enforcement agencies shall disclose the names and addresses of
34persons involved in, or witnesses other than confidential informants
35to, the incident, the description of any property involved, the date,
36time, and location of the incident, all diagrams, statements of the
37parties involved in the incident, the statements of all witnesses,
38other than confidential informants, to the victims of an incident,
39or an authorized representative thereof, an insurance carrier against
40which a claim has been or might be made, and any person suffering
P4    1bodily injury or property damage or loss, as the result of the
2incident caused by arson, burglary, fire, explosion, larceny,
3robbery, carjacking, vandalism, vehicle theft, or a crime as defined
4by subdivision (b) of Section 13951, unless the disclosure would
5endanger the safety of a witness or other person involved in the
6investigation, or unless disclosure would endanger the successful
7completion of the investigation or a related investigation. However,
8nothing in this division shall require the disclosure of that portion
9of those investigative files that reflects the analysis or conclusions
10of the investigating officer.

11Customer lists provided to a state or local police agency by an
12alarm or security company at the request of the agency shall be
13construed to be records subject to this subdivision.

14Notwithstanding any other provision of this subdivision, state
15and local law enforcement agencies shall make public the following
16information, except to the extent that disclosure of a particular
17item of information would endanger the safety of a person involved
18in an investigation or would endanger the successful completion
19of the investigation or a related investigation:

20(1) The full name and occupation of every individual arrested
21by the agency, the individual’s physical description including date
22of birth, color ofbegin delete eyes andend deletebegin insert eyes, color ofend insert hair, sex, height and
23weight, the time and date of arrest, the time and date of booking,
24the location of the arrest, the factual circumstances surrounding
25the arrest, the amount of bail set, the time and manner of release
26or the location where the individual is currently being held, and
27all charges the individual is being held upon, including any
28outstanding warrants from other jurisdictions and parole or
29probation holds.

30(2) Subject to the restrictions imposed by Section 841.5 of the
31Penal Code, the time, substance, and location of all complaints or
32requests for assistance received by the agency and the time and
33nature of the response thereto, including, to the extent the
34information regarding crimes alleged or committed or any other
35incident investigated is recorded, the time, date, and location of
36occurrence, the time and date of the report, the name and age of
37the victim, the factual circumstances surrounding the crime or
38incident, and a general description of any injuries, property, or
39weapons involved. The name of a victim of any crime defined by
40Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a,
P5    1266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285,
2286, 288, 288a, 288.2, 288.3 (as added by Section 6 of Proposition
383 of the November 7, 2006, statewide general election), 288.4,
4288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the
5Penal Code may be withheld at the victim’s request, or at the
6request of the victim’s parent or guardian if the victim is a minor.
7When a person is the victim of more than one crime, information
8disclosing that the person is a victim of a crime defined in any of
9the sections of the Penal Code set forth in this subdivision may be
10deleted at the request of the victim, or the victim’s parent or
11guardian if the victim is a minor, in making the report of the crime,
12or of any crime or incident accompanying the crime, available to
13the public in compliance with the requirements of this paragraph.

14(3) Subject to the restrictions of Section 841.5 of the Penal Code
15and this subdivision, the current address of every individual
16arrested by the agency and the current address of the victim of a
17crime, where the requester declares under penalty of perjury that
18the request is made for a scholarly, journalistic, political, or
19governmental purpose, or that the request is made for investigation
20purposes by a licensed private investigator as described in Chapter
2111.3 (commencing with Section 7512) of Division 3 of the Business
22and Professions Code. However, the address of the victim of any
23crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1,
24265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a,
25273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by Section
266 of Proposition 83 of the November 7, 2006, statewide general
27election), 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9,
28or 647.6 of the Penal Code shall remain confidential. Address
29information obtained pursuant to this paragraph may not be used
30directly or indirectly, or furnished to another, to sell a product or
31service to any individual or group of individuals, and the requester
32shall execute a declaration to that effect under penalty of perjury.
33Nothing in this paragraph shall be construed to prohibit or limit a
34scholarly, journalistic, political, or government use of address
35information obtained pursuant to this paragraph.

36(g) Test questions, scoring keys, and other examination data
37used to administer a licensing examination, examination for
38employment, or academic examination, except as provided for in
39Chapter 3 (commencing with Section 99150) of Part 65 of Division
4014 of Title 3 of the Education Code.

P6    1(h) The contents of real estate appraisals or engineering or
2feasibility estimates and evaluations made for or by the state or
3local agency relative to the acquisition of property, or to
4prospective public supply and construction contracts, until all of
5the property has been acquired or all of the contract agreement
6obtained. However, the law of eminent domain shall not be affected
7by this provision.

8(i) Information required from any taxpayer in connection with
9the collection of local taxes that is received in confidence and the
10disclosure of the information to other persons would result in unfair
11competitive disadvantage to the person supplying the information.

12(j) Library circulation records kept for the purpose of identifying
13the borrower of items available in libraries, and library and museum
14materials made or acquired and presented solely for reference or
15exhibition purposes. The exemption in this subdivision shall not
16apply to records of fines imposed on the borrowers.

17(k) Records, the disclosure of which is exempted or prohibited
18pursuant to federal or state law, including, but not limited to,
19provisions of the Evidence Code relating to privilege.

20(l) Correspondence of and to the Governor or employees of the
21Governor’s office or in the custody of or maintained by the
22Governor’s Legal Affairs Secretary. However, public records shall
23not be transferred to the custody of the Governor’s Legal Affairs
24Secretary to evade the disclosure provisions of this chapter.

25(m) In the custody of or maintained by the Legislative Counsel,
26except those records in the public database maintained by the
27Legislative Counsel that are described in Section 10248.

28(n) Statements of personal worth or personal financial data
29required by a licensing agency and filed by an applicant with the
30licensing agency to establish his or her personal qualification for
31the license, certificate, or permit applied for.

32(o) Financial data contained in applications for financing under
33Division 27 (commencing with Section 44500) of the Health and
34Safety Code, where an authorized officer of the California Pollution
35Control Financing Authority determines that disclosure of the
36financial data would be competitively injurious to the applicant
37and the data is required in order to obtain guarantees from the
38United States Small Business Administration. The California
39Pollution Control Financing Authority shall adopt rules for review
40of individual requests for confidentiality under this section and for
P7    1making available to the public those portions of an application that
2are subject to disclosure under this chapter.

3(p) Records of state agencies related to activities governed by
4Chapter 10.3 (commencing with Section 3512), Chapter 10.5
5(commencing with Section 3525), and Chapter 12 (commencing
6with Section 3560) of Division 4, that reveal a state agency’s
7deliberative processes, impressions, evaluations, opinions,
8recommendations, meeting minutes, research, work products,
9theories, or strategy, or that provide instruction, advice, or training
10to employees who do not have full collective bargaining and
11representation rights under these chapters. Nothing in this
12subdivision shall be construed to limit the disclosure duties of a
13state agency with respect to any other records relating to the
14activities governed by the employee relations acts referred to in
15this subdivision.

16(q) (1) Records of state agencies related to activities governed
17by Article 2.6 (commencing with Section 14081), Article 2.8
18(commencing with Section 14087.5), and Article 2.91
19(commencing with Section 14089) of Chapter 7 of Part 3 of
20Division 9 of the Welfare and Institutions Code, that reveal the
21special negotiator’s deliberative processes, discussions,
22communications, or any other portion of the negotiations with
23providers of health care services, impressions, opinions,
24recommendations, meeting minutes, research, work product,
25theories, or strategy, or that provide instruction, advice, or training
26to employees.

27(2) Except for the portion of a contract containing the rates of
28payment, contracts for inpatient services entered into pursuant to
29these articles, on or after April 1, 1984, shall be open to inspection
30one year after they are fully executed. If a contract for inpatient
31services that is entered into prior to April 1, 1984, is amended on
32or after April 1, 1984, the amendment, except for any portion
33containing the rates of payment, shall be open to inspection one
34year after it is fully executed. If the California Medical Assistance
35Commission enters into contracts with health care providers for
36other than inpatient hospital services, those contracts shall be open
37to inspection one year after they are fully executed.

38(3) Three years after a contract or amendment is open to
39inspection under this subdivision, the portion of the contract or
P8    1amendment containing the rates of payment shall be open to
2inspection.

3(4) Notwithstanding any other law, the entire contract or
4amendment shall be open to inspection by the Joint Legislative
5Audit Committee and the Legislative Analyst’s Office. The
6committee and that office shall maintain the confidentiality of the
7contracts and amendments until the time a contract or amendment
8is fully open to inspection by the public.

9(r) Records of Native American graves, cemeteries, and sacred
10places and records of Native American places, features, and objects
11described in Sections 5097.9 and 5097.993 of the Public Resources
12Code maintained by, or in the possession of, the Native American
13Heritage Commission, another state agency, or a local agency.

14(s) A final accreditation report of the Joint Commission on
15Accreditation of Hospitals that has been transmitted to the State
16Department of Health Care Services pursuant to subdivision (b)
17of Section 1282 of the Health and Safety Code.

18(t) Records of a local hospital district, formed pursuant to
19Division 23 (commencing with Section 32000) of the Health and
20Safety Code, or the records of a municipal hospital, formed
21pursuant to Article 7 (commencing with Section 37600) or Article
228 (commencing with Section 37650) of Chapter 5 of Part 2 of
23Division 3 of Title 4 of this code, that relate to any contract with
24an insurer or nonprofit hospital service plan for inpatient or
25outpatient services for alternative rates pursuant to Section 10133
26of the Insurance Code. However, the record shall be open to
27inspection within one year after the contract is fully executed.

28(u) (1) Information contained in applications for licenses to
29carry firearms issued pursuant to Section 26150, 26155, 26170,
30or 26215 of the Penal Code by the sheriff of a county or the chief
31or other head of a municipal police department that indicates when
32or where the applicant is vulnerable to attack or that concerns the
33applicant’s medical or psychological history or that of members
34of his or her family.

35(2) The names, home addresses, and telephone numbers of
36applicants that are set forth in applications for licenses to carry
37firearms issued pursuant to Section 26150, 26155, 26170, or 26215
38of the Penal Code by the sheriff of a county or the chief or other
39head of a municipal police department.

P9    1(3) The names, home addresses, and telephone numbers of
2licensees that are set forth in licenses to carry firearms issued
3pursuant to Section 26150, 26155, 26170, or 26215 of the Penal
4Code by the sheriff of a county or the chief or other head of a
5municipal police department.

6(v) (1) Records of the Managed Risk Medical Insurance Board
7related to activities governed by Part 6.3 (commencing with Section
812695), Part 6.5 (commencing with Section 12700), Part 6.6
9(commencing with Section 12739.5), and Part 6.7 (commencing
10with Section 12739.70) of Division 2 of the Insurance Code, and
11that reveal any of the following:

12(A) The deliberative processes, discussions, communications,
13or any other portion of the negotiations with entities contracting
14or seeking to contract with the board, entities with which the board
15is considering a contract, or entities with which the board is
16considering or enters into any other arrangement under which the
17board provides, receives, or arranges services or reimbursement.

18(B) The impressions, opinions, recommendations, meeting
19minutes, research, work product, theories, or strategy of the board
20or its staff, or records that provide instructions, advice, or training
21to employees.

22(2) (A) Except for the portion of a contract that contains the
23rates of payment, contracts entered into pursuant to Part 6.3
24(commencing with Section 12695), Part 6.5 (commencing with
25Section 12700), Part 6.6 (commencing with Section 12739.5), or
26Part 6.7 (commencing with Section 12739.70) of Division 2 of the
27Insurance Code, on or after July 1, 1991, shall be open to inspection
28one year after their effective dates.

29(B) If a contract that is entered into prior to July 1, 1991, is
30amended on or after July 1, 1991, the amendment, except for any
31portion containing the rates of payment, shall be open to inspection
32one year after the effective date of the amendment.

33(3) Three years after a contract or amendment is open to
34inspection pursuant to this subdivision, the portion of the contract
35or amendment containing the rates of payment shall be open to
36inspection.

37(4) Notwithstanding any other law, the entire contract or
38amendments to a contract shall be open to inspection by the Joint
39Legislative Audit Committee. The committee shall maintain the
40confidentiality of the contracts and amendments thereto, until the
P10   1contracts or amendments to the contracts are open to inspection
2pursuant to paragraph (3).

3(w) (1) Records of the Managed Risk Medical Insurance Board
4related to activities governed by Chapter 8 (commencing with
5Section 10700) of Part 2 of Division 2 of the Insurance Code, and
6that reveal the deliberative processes, discussions, communications,
7or any other portion of the negotiations with health plans, or the
8impressions, opinions, recommendations, meeting minutes,
9research, work product, theories, or strategy of the board or its
10staff, or records that provide instructions, advice, or training to
11employees.

12(2) Except for the portion of a contract that contains the rates
13of payment, contracts for health coverage entered into pursuant to
14Chapter 8 (commencing with Section 10700) of Part 2 of Division
152 of the Insurance Code, on or after January 1, 1993, shall be open
16to inspection one year after they have been fully executed.

17(3) Notwithstanding any other law, the entire contract or
18amendments to a contract shall be open to inspection by the Joint
19Legislative Audit Committee. The committee shall maintain the
20confidentiality of the contracts and amendments thereto, until the
21contracts or amendments to the contracts are open to inspection
22pursuant to paragraph (2).

23(x) Financial data contained in applications for registration, or
24registration renewal, as a service contractor filed with the Director
25of Consumer Affairs pursuant to Chapter 20 (commencing with
26Section 9800) of Division 3 of the Business and Professions Code,
27for the purpose of establishing the service contractor’s net worth,
28or financial data regarding the funded accounts held in escrow for
29service contracts held in force in this state by a service contractor.

30(y) (1) Records of the Managed Risk Medical Insurance Board
31related to activities governed by Part 6.2 (commencing with Section
3212693) or Part 6.4 (commencing with Section 12699.50) of
33Division 2 of the Insurance Code, and that reveal any of the
34following:

35(A) The deliberative processes, discussions, communications,
36or any other portion of the negotiations with entities contracting
37or seeking to contract with the board, entities with which the board
38is considering a contract, or entities with which the board is
39considering or enters into any other arrangement under which the
40board provides, receives, or arranges services or reimbursement.

P11   1(B) The impressions, opinions, recommendations, meeting
2minutes, research, work product, theories, or strategy of the board
3or its staff, or records that provide instructions, advice, or training
4to employees.

5(2) (A) Except for the portion of a contract that contains the
6rates of payment, contracts entered into pursuant to Part 6.2
7(commencing with Section 12693) or Part 6.4 (commencing with
8Section 12699.50) of Division 2 of the Insurance Code, on or after
9January 1, 1998, shall be open to inspection one year after their
10effective dates.

11(B) If a contract entered into pursuant to Part 6.2 (commencing
12with Section 12693) or Part 6.4 (commencing with Section
1312699.50) of Division 2 of the Insurance Code is amended, the
14amendment shall be open to inspection one year after the effective
15date of the amendment.

16(3) Three years after a contract or amendment is open to
17inspection pursuant to this subdivision, the portion of the contract
18or amendment containing the rates of payment shall be open to
19inspection.

20(4) Notwithstanding any other law, the entire contract or
21amendments to a contract shall be open to inspection by the Joint
22Legislative Audit Committee. The committee shall maintain the
23confidentiality of the contracts and amendments thereto until the
24contract or amendments to a contract are open to inspection
25pursuant to paragraph (2) or (3).

26(5) The exemption from disclosure provided pursuant to this
27subdivision for the contracts, deliberative processes, discussions,
28communications, negotiations, impressions, opinions,
29recommendations, meeting minutes, research, work product,
30theories, or strategy of the board or its staff shall also apply to the
31contracts, deliberative processes, discussions, communications,
32negotiations, impressions, opinions, recommendations, meeting
33minutes, research, work product, theories, or strategy of applicants
34pursuant to Part 6.4 (commencing with Section 12699.50) of
35Division 2 of the Insurance Code.

36(z) Records obtained pursuant to paragraph (2) of subdivision
37(f) of Section 2891.1 of the Public Utilities Code.

38(aa) A document prepared by or for a state or local agency that
39assesses its vulnerability to terrorist attack or other criminal acts
P12   1intended to disrupt the public agency’s operations and that is for
2distribution or consideration in a closed session.

3(ab) Critical infrastructure information, as defined in Section
4131(3) of Title 6 of the United States Code, that is voluntarily
5submitted to the Office of Emergency Services for use by that
6office, including the identity of the person who or entity that
7voluntarily submitted the information. As used in this subdivision,
8“voluntarily submitted” means submitted in the absence of the
9office exercising any legal authority to compel access to or
10submission of critical infrastructure information. This subdivision
11shall not affect the status of information in the possession of any
12other state or local governmental agency.

13(ac) All information provided to the Secretary of State by a
14person for the purpose of registration in the Advance Health Care
15Directive Registry, except that those records shall be released at
16the request of a health care provider, a public guardian, or the
17registrant’s legal representative.

18(ad) The following records of the State Compensation Insurance
19Fund:

20(1) Records related to claims pursuant to Chapter 1
21(commencing with Section 3200) of Division 4 of the Labor Code,
22to the extent that confidential medical information or other
23individually identifiable information would be disclosed.

24(2) Records related to the discussions, communications, or any
25other portion of the negotiations with entities contracting or seeking
26to contract with the fund, and any related deliberations.

27(3) Records related to the impressions, opinions,
28recommendations, meeting minutes of meetings or sessions that
29are lawfully closed to the public, research, work product, theories,
30or strategy of the fund or its staff, on the development of rates,
31contracting strategy, underwriting, or competitive strategy pursuant
32to the powers granted to the fund in Chapter 4 (commencing with
33Section 11770) of Part 3 of Division 2 of the Insurance Code.

34(4) Records obtained to provide workers’ compensation
35insurance under Chapter 4 (commencing with Section 11770) of
36Part 3 of Division 2 of the Insurance Code, including, but not
37limited to, any medical claims information, policyholder
38information, provided that nothing in this paragraph shall be
39interpreted to prevent an insurance agent or broker from obtaining
40proprietary information or other information authorized by law to
P13   1be obtained by the agent or broker, and information on rates,
2pricing, and claims handling received from brokers.

3(5) (A) Records that are trade secrets pursuant to Section
46276.44, or Article 11 (commencing with Section 1060) of Chapter
54 of Division 8 of the Evidence Code, including, without limitation,
6instructions, advice, or training provided by the State Compensation
7Insurance Fund to its board members, officers, and employees
8regarding the fund’s special investigation unit, internal audit unit,
9and informational security, marketing, rating, pricing, underwriting,
10claims handling, audits, and collections.

11(B) Notwithstanding subparagraph (A), the portions of records
12containing trade secrets shall be available for review by the Joint
13Legislative Audit Committee, the California State Auditor’s Office,
14Division of Workers’ Compensation, and the Department of
15Insurance to ensure compliance with applicable law.

16(6) (A) Internal audits containing proprietary information and
17the following records that are related to an internal audit:

18(i) Personal papers and correspondence of any person providing
19assistance to the fund when that person has requested in writing
20 that his or her papers and correspondence be kept private and
21confidential. Those papers and correspondence shall become public
22records if the written request is withdrawn, or upon order of the
23fund.

24(ii) Papers, correspondence, memoranda, or any substantive
25information pertaining to any audit not completed or an internal
26audit that contains proprietary information.

27(B) Notwithstanding subparagraph (A), the portions of records
28containing proprietary information, or any information specified
29in subparagraph (A) shall be available for review by the Joint
30Legislative Audit Committee, the California State Auditor’s Office,
31Division of Workers’ Compensation, and the Department of
32Insurance to ensure compliance with applicable law.

33(7) (A) Except as provided in subparagraph (C), contracts
34entered into pursuant to Chapter 4 (commencing with Section
3511770) of Part 3 of Division 2 of the Insurance Code shall be open
36to inspection one year after the contract has been fully executed.

37(B) If a contract entered into pursuant to Chapter 4 (commencing
38with Section 11770) of Part 3 of Division 2 of the Insurance Code
39is amended, the amendment shall be open to inspection one year
40after the amendment has been fully executed.

P14   1(C) Three years after a contract or amendment is open to
2inspection pursuant to this subdivision, the portion of the contract
3or amendment containing the rates of payment shall be open to
4inspection.

5(D) Notwithstanding any other law, the entire contract or
6amendments to a contract shall be open to inspection by the Joint
7Legislative Audit Committee. The committee shall maintain the
8confidentiality of the contracts and amendments thereto until the
9contract or amendments to a contract are open to inspection
10pursuant to this paragraph.

11(E) This paragraph is not intended to apply to documents related
12to contracts with public entities that are not otherwise expressly
13confidential as to that public entity.

14(F) For purposes of this paragraph, “fully executed” means the
15point in time when all of the necessary parties to the contract have
16signed the contract.

17This section shall not prevent any agency from opening its
18records concerning the administration of the agency to public
19inspection, unless disclosure is otherwise prohibited by law.

20This section shall not prevent any health facility from disclosing
21to a certified bargaining agent relevant financing information
22pursuant to Section 8 of the National Labor Relations Act (29
23U.S.C. Sec. 158).