6250. In enacting this chapter, the Legislature, mindful of the
right of individuals to privacy, finds and declares that access to
information concerning the conduct of the people's business is a
fundamental and necessary right of every person in this state.
6251. This chapter shall be known and may be cited as the
California Public Records Act.
6252. As used in this chapter:
(a) "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 entities that are legislative
bodies of a local agency pursuant to subdivisions (c) and (d) of
Section 54952.
(b) "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.
(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.
(f) "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.
(g) "Writing" means any handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing any form of communication or representation, including
letters, words, pictures, sounds, or symbols, or combinations
thereof, and any record thereby created, regardless of the manner in
which the record has been stored.
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.
6252.6. Notwithstanding paragraph (2) of subdivision (a) of Section
827 of the Welfare and Institutions Code, after the death of a
foster child who is a minor, the name, date of birth, and date of
death of the child shall be subject to disclosure by the county child
welfare agency pursuant to this chapter.
6252.7. Notwithstanding Section 6252.5 or any other provision of
law, when the members of a legislative body of a local agency are
authorized to access a writing of the body or of the agency as
permitted by law in the administration of their duties, the local
agency, as defined in Section 54951, shall not discriminate between
or among any of those members as to which writing or portion thereof
is made available or when it is made available.
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.
(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. When
the agency dispatches the determination, and if the agency determines
that the request seeks disclosable public records, the agency shall
state the estimated date and time when the records will be made
available. As used in this section, "unusual circumstances" means the
following, 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 that 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.
(4) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.
(d) Nothing in this chapter shall be construed to permit an agency
to delay or obstruct the inspection or copying of public records.
The notification of denial of any request for records required by
Section 6255 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.
6253.1. (a) When a member of the public requests to inspect a
public record or obtain a copy of a public record, the public agency,
in order to assist the member of the public make a focused and
effective request that reasonably describes an identifiable record or
records, shall do all of the following, to the extent reasonable
under the circumstances:
(1) Assist the member of the public to identify records and
information that are responsive to the request or to the purpose of
the request, if stated.
(2) Describe the information technology and physical location in
which the records exist.
(3) Provide suggestions for overcoming any practical basis for
denying access to the records or information sought.
(b) The requirements of paragraph (1) of subdivision (a) shall be
deemed to have been satisfied if the public agency is unable to
identify the requested information after making a reasonable effort
to elicit additional clarifying information from the requester that
will help identify the record or records.
(c) The requirements of subdivision (a) are in addition to any
action required of a public agency by Section 6253.
(d) This section shall not apply to a request for public records
if any of the following applies:
(1) The public agency makes available the requested records
pursuant to Section 6253.
(2) The public agency determines that the request should be denied
and bases that determination solely on an exemption listed in
Section 6254.
(3) The public agency makes available an index of its records.
6253.2. (a) Notwithstanding any other provision of this chapter to
the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code or personal care services pursuant to
Section 14132.95 of the Welfare and Institutions Code, shall not be
subject to public disclosure pursuant to this chapter, except as
provided in subdivision (b).
(b) Copies of names, addresses, and telephone numbers of persons
described in subdivision (a) shall be made available, upon request,
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to subdivision (c) of Section
12301.6 or Section 12302 of the Welfare and Institutions Code or
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1.
This information shall not be used by the receiving entity for any
purpose other than the employee organizing, representation, and
assistance activities of the labor organization.
(c) This section shall apply solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code) or the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code.
(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4) or any other labor relations law.
6253.3. A state or local agency may not allow another party to
control the disclosure of information that is otherwise subject to
disclosure pursuant to this chapter.
6253.31. Notwithstanding any contract term to the contrary, a
contract entered into by a state or local agency subject to this
chapter, including the University of California, that requires a
private entity to review, audit, or report on any aspect of that
agency shall be public to the extent the contract is otherwise
subject to disclosure under this chapter.
6253.4. (a) 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
Department of Managed Health Care
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 Care Services
Employment Development Department
State Department of Public Health
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 Resources 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 Section 6253.
6253.5. Notwithstanding Sections 6252 and 6253, statewide, county,
city, and district initiative, referendum, and recall petitions,
petitions circulated pursuant to Section 5091 of the Education Code,
petitions for the reorganization of school districts submitted
pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of
Part 21 of the Education Code, petitions for the reorganization of
community college districts submitted pursuant to Part 46 (commencing
with Section 74000) of the Education Code and all memoranda prepared
by the county elections officials in the examination of the
petitions indicating which registered voters have signed particular
petitions shall not be deemed to be public records and shall not be
open to inspection except by the public officer or public employees
who have the duty of receiving, examining or preserving the petitions
or who are responsible for the preparation of that memoranda and, if
the petition is found to be insufficient, by the proponents of the
petition and the representatives of the proponents as may be
designated by the proponents in writing in order to determine which
signatures were disqualified and the reasons therefor. However, the
Attorney General, the Secretary of State, the Fair Political
Practices Commission, a district attorney, a school district or a
community college district attorney, and a city attorney shall be
permitted to examine the material upon approval of the appropriate
superior court.
If the proponents of a petition are permitted to examine the
petition and memoranda, the examination shall commence not later than
21 days after certification of insufficiency.
(a) As used in this section, "petition" shall mean any petition to
which a registered voter has affixed his or her signature.
(b) As used in this section "proponents of the petition" means the
following:
(1) For statewide initiative and referendum measures, the person
or persons who submit a draft of a petition proposing the measure to
the Attorney General with a request that he or she prepare a title
and summary of the chief purpose and points of the proposed measure.
(2) For other initiative and referenda on measures, the person or
persons who publish a notice of intention to circulate petitions, or,
where publication is not required, who file petitions with the
elections official.
(3) For recall measures, the person or persons defined in Section
343 of the Elections Code.
(4) For petitions circulated pursuant to Section 5091 of the
Education Code, the person or persons having charge of the petition
who submit the petition to the county superintendent of schools.
(5) For petitions circulated pursuant to Article 1 (commencing
with Section 35700) of Chapter 4 of Part 21 of the Education Code,
the person or persons designated as chief petitioners under Section
35701 of the Education Code.
(6) For petitions circulated pursuant to Part 46 (commencing with
Section 74000) of the Education Code, the person or persons
designated as chief petitioners under Sections 74102, 74133, and
74152 of the Education Code.
6253.6. (a) Notwithstanding the provisions of Sections 6252 and
6253, information compiled by public officers or public employees
revealing the identity of persons who have requested bilingual
ballots or ballot pamphlets, made in accordance with any federal or
state law, or other data that would reveal the identity of the
requester, shall not be deemed to be public records and shall not be
provided to any person other than public officers or public employees
who are responsible for receiving those requests and processing the
same.
(b) Nothing contained in subdivision (a) shall be construed as
prohibiting any person who is otherwise authorized by law from
examining election materials, including, but not limited to,
affidavits of registration, provided that requests for bilingual
ballots or ballot pamphlets shall be subject to the restrictions
contained in subdivision (a).
6253.8. (a) Every final enforcement order issued by an agency
listed in subdivision (b) under any provision of law that is
administered by an entity listed in subdivision (b), shall be
displayed on the entity's Internet website, if the final enforcement
order is a public record that is not exempt from disclosure pursuant
to this chapter.
(b) This section applies to the California Environmental
Protection Agency and to all of the following entities within the
agency:
(1) The State Air Resources Board.
(2) The California Integrated Waste Management Board.
(3) The State Water Resources Control Board, and each California
regional water quality control board.
(4) The Department of Pesticide Regulation.
(5) The Department of Toxic Substances Control.
(c) (1) Except as provided in paragraph (2), for purposes of this
section, an enforcement order is final when the time for judicial
review has expired on or after January 1, 2001, or when all means of
judicial review have been exhausted on or after January 1, 2001.
(2) In addition to the requirements of paragraph (1), with regard
to a final enforcement order issued by the State Water Resources
Control Board or a California regional water quality control board,
this section shall apply only to a final enforcement order adopted by
that board or a regional board at a public meeting.
(d) An order posted pursuant to this section shall be posted for
not less than one year.
(e) The California Environmental Protection Agency shall oversee
the implementation of this section.
(f) This section shall become operative April 1, 2001.
6253.9. (a) Unless otherwise prohibited by law, any agency that has
information that constitutes an identifiable public record not
exempt from disclosure pursuant to this chapter that is in an
electronic format shall make that information available in an
electronic format when requested by any person and, when applicable,
shall comply with the following:
(1) The agency shall make the information available in any
electronic format in which it holds the information.
(2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies. The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record when
either of the following applies:
(1) In order to comply with the provisions of subdivision (a), the
public agency would be required to produce a copy of an electronic
record and the record is one that is produced only at otherwise
regularly scheduled intervals.
(2) The request would require data compilation, extraction, or
programming to produce the record.
(c) Nothing in this section shall be construed to require the
public agency to reconstruct a record in an electronic format if the
agency no longer has the record available in an electronic format.
(d) If the request is for information in other than electronic
format, and the information also is in electronic format, the agency
may inform the requester that the information is available in
electronic format.
(e) Nothing in this section shall be construed to permit an agency
to make information available only in an electronic format.
(f) Nothing in this section shall be construed to require the
public agency to release an electronic record in the electronic form
in which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of any
proprietary software in which it is maintained.
(g) Nothing in this section shall be construed to permit public
access to records held by any agency to which access is otherwise
restricted by statute.
6254. Except as provided in Sections 6254.7 and 6254.13, nothing in
this chapter shall be construed to require disclosure of records
that are any of the following:
(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
(2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency
referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
(f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
California Emergency Management Agency, and any state or local police
agency, or any investigatory or security files compiled by any other
state or local police agency, or any investigatory or security files
compiled by any other state or local agency for correctional, law
enforcement, or licensing purposes. However, state and local law
enforcement agencies shall disclose the names and addresses of
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
parties involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident, or
an authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire, explosion, larceny,
robbery, carjacking, vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or
conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
(1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2006,
statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
crime, information disclosing that the person is a victim of a crime
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2006, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
(g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
(i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
(l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s Legal Affairs Secretary. However, public records shall not be
transferred to the custody of the Governor's Legal Affairs Secretary
to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters.
Nothing in this subdivision shall be construed to limit the
disclosure duties of a state agency with respect to any other records
relating to the activities governed by the employee relations acts
referred to in this subdivision.
(q) Records of state agencies related to activities governed by
Article 2.6 (commencing with Section 14081), Article 2.8 (commencing
with Section 14087.5), and Article 2.91 (commencing with Section
14089) of Chapter 7 of Part 3 of Division 9 of the Welfare and
Institutions Code, that reveal the special negotiator's deliberative
processes, discussions, communications, or any other portion of the
negotiations with providers of health care services, impressions,
opinions, recommendations, meeting minutes, research, work product,
theories, or strategy, or that provide instruction, advice, or
training to employees.
Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
Three years after a contract or amendment is open to inspection
under this subdivision, the portion of the contract or amendment
containing the rates of payment shall be open to inspection.
Notwithstanding any other provision of law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee and the Legislative Analyst's Office. The committee and
that office shall maintain the confidentiality of the contracts and
amendments until the time a contract or amendment is fully open to
inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 12050 of the Penal Code by
the sheriff of a county or the chief or other head of a municipal
police department that indicates when or where the applicant is
vulnerable to attack or that concerns the applicant's medical or
psychological history or that of members of his or her family.
(2) The home address and telephone number of peace officers,
judges, court commissioners, and magistrates that are set forth in
applications for licenses to carry firearms issued pursuant to
Section 12050 of the Penal Code by the sheriff of a county or the
chief or other head of a municipal police department.
(3) The home address and telephone number of peace officers,
judges, court commissioners, and magistrates that are set forth in
licenses to carry firearms issued pursuant to Section 12050 of the
Penal Code by the sheriff of a county or the chief or other head of a
municipal police department.
(v) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.3 (commencing with Section
12695), Part 6.5 (commencing with Section 12700), Part 6.6
(commencing with Section 12739.5), and Part 6.7 (commencing with
Section 12739.70) of Division 2 of the Insurance Code, and that
reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, on or after July 1, 1991, shall be open to inspection one year
after their effective dates.
(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto, until
the contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
(3) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto, until
the contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of Division 2
of the Insurance Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code, on or after January 1,
1998, shall be open to inspection one year after their effective
dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code is amended, the amendment shall be
open to inspection one year after the effective date of the
amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff shall also apply to the contracts,
deliberative processes, discussions, communications, negotiations,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of applicants pursuant to Part
6.4 (commencing with Section 12699.50) of Division 2 of the Insurance
Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (c)
of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for use by
that office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
"voluntarily submitted" means submitted in the absence of the office
exercising any legal authority to compel access to or submission of
critical infrastructure information. This subdivision shall not
affect the status of information in the possession of any other state
or local governmental agency.
(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
(ad) The following records of the State Compensation Insurance
Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
(4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(D) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
(E) Nothing in this paragraph is intended to apply to documents
related to contracts with public entities that are not otherwise
expressly confidential as to that public entity.
(F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
Nothing in this section prevents any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.
Nothing in this section prevents any health facility from
disclosing to a certified bargaining agent relevant financing
information pursuant to Section 8 of the National Labor Relations Act
(29 U.S.C. Sec. 158).
6254.1. (a) Except as provided in Section 6254.7, nothing in this
chapter requires disclosure of records that are the residence address
of any person contained in the records of the Department of Housing
and Community Development, if the person has requested
confidentiality of that information, in accordance with Section 18081
of the Health and Safety Code.
(b) Nothing in this chapter requires the disclosure of the
residence or mailing address of any person in any record of the
Department of Motor Vehicles except in accordance with Section
1808.21 of the Vehicle Code.
(c) Nothing in this chapter requires the disclosure of the results
of a test undertaken pursuant to Section 12804.8 of the Vehicle
Code.
6254.2. (a) Nothing in this chapter exempts from public disclosure
the same categories of pesticide safety and efficacy information that
are disclosable under paragraph (1) of subsection (d) of Section 10
of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
Sec. 136h(d)(1)), if the individual requesting the information is not
an officer, employee, or agent specified in subdivision (h) and
signs the affirmation specified in subdivision (h).
(b) The Director of Pesticide Regulation, upon his or her
initiative, or upon receipt of a request pursuant to this chapter for
the release of data submitted and designated as a trade secret by a
registrant or applicant, shall determine whether any or all of the
data so submitted is a properly designated trade secret. In order to
assure that the interested public has an opportunity to obtain and
review pesticide safety and efficacy data and to comment prior to the
expiration of the public comment period on a proposed pesticide
registration, the director shall provide notice to interested persons
when an application for registration enters the registration
evaluation process.
(c) If the director determines that the data is not a trade
secret, the director shall notify the registrant or applicant by
certified mail.
(d) The registrant or applicant shall have 30 days after receipt
of this notification to provide the director with a complete
justification and statement of the grounds on which the trade secret
privilege is claimed. This justification and statement shall be
submitted by certified mail.
(e) The director shall determine whether the data is protected as
a trade secret within 15 days after receipt of the justification and
statement or, if no justification and statement is filed, within 45
days of the original notice. The director shall notify the registrant
or applicant and any party who has requested the data pursuant to
this chapter of that determination by certified mail. If the director
determines that the data is not protected as a trade secret, the
final notice shall also specify a date, not sooner than 15 days after
the date of mailing of the final notice, when the data shall be
available to any person requesting information pursuant to
subdivision (a).
(f) "Trade secret" means data that is nondisclosable under
paragraph (1) of subsection (d) of Section 10 of the federal
Insecticide, Fungicide, and Rodenticide Act.
(g) This section shall be operative only so long as, and to the
extent that, enforcement of paragraph (1) of subsection (d) of
Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act
has not been enjoined by federal court order, and shall become
inoperative if an unappealable federal court judgment or decision
becomes final that holds that paragraph invalid, to the extent of the
invalidity.
(h) The director shall not knowingly disclose information
submitted to the state by an applicant or registrant pursuant to
Article 4 (commencing with Section 12811) of Chapter 2 of Division 7
of the Food and Agricultural Code to any officer, employee, or agent
of any business or other entity engaged in the production, sale, or
distribution of pesticides in countries other than the United States
or in countries in addition to the United States, or to any other
person who intends to deliver this information to any foreign or
multi-national business or entity, unless the applicant or registrant
consents to the disclosure. To implement this subdivision, the
director shall require the following affirmation to be signed by the
person who requests such information:
AFFIRMATION OF STATUS
This affirmation is required by Section 6254.2 of the Government
Code.
I have requested access to information submitted to the Department
of Pesticide Regulation (or previously submitted to the Department
of Food and Agriculture) by a pesticide applicant or registrant
pursuant to the California Food and Agricultural Code. I hereby
affirm all of the following statements:
(1) I do not seek access to the information for purposes of
delivering it or offering it for sale to any business or other
entity, including the business or entity of which I am an officer,
employee, or agent engaged in the production, sale, or distribution
of pesticides in countries other than the United States or in
countries in addition to the United States, or to the officers,
employees, or agents of such a business or entity.
(2) I will not purposefully deliver or negligently cause the data
to be delivered to a business or entity specified in paragraph (1) or
its officers, employees, or agents.
I am aware that I may be subject to criminal penalties under
Section 118 of the Penal Code if I make any statement of material
facts knowing that the statement is false or if I willfully conceal
any material fact.
________________________ _________________________
Name of Requester Name of Requester's
Organization
________________________ _________________________
Signature of Requester Address of Requester
_________ ______________ _________________________
Telephone Number of
Date Request No.
Requester
________________________
Name, Address, and
Telephone Number of
Requester's Client, if
the requester has
requested access to the
information on behalf
of
someone other than the
requester or the
requester's
organization
listed above.
(i) Notwithstanding any other provision of this section, the
director may disclose information submitted by an applicant or
registrant to any person in connection with a public proceeding
conducted under law or regulation, if the director determines that
the information is needed to determine whether a pesticide, or any
ingredient of any pesticide, causes unreasonable adverse effects on
health or the environment.
(j) The director shall maintain records of the names of persons to
whom data is disclosed pursuant to this section and the persons or
organizations they represent and shall inform the applicant or
registrant of the names and the affiliation of these persons.
(k) Section 118 of the Penal Code applies to any affirmation made
pursuant to this section.
(l) Any officer or employee of the state or former officer or
employee of the state who, because of this employment or official
position, obtains possession of, or has access to, material which is
prohibited from disclosure by this section, and who, knowing that
disclosure of this material is prohibited by this section, willfully
discloses the material in any manner to any person not entitled to
receive it, shall, upon conviction, be punished by a fine of not more
than ten thousand dollars ($10,000), or by imprisonment in the
county jail for not more than one year, or by both fine and
imprisonment.
For purposes of this subdivision, any contractor with the state
who is furnished information pursuant to this section, or any
employee of any contractor, shall be considered an employee of the
state.
(m) This section does not prohibit any person from maintaining a
civil action for wrongful disclosure of trade secrets.
(n) The director may limit an individual to one request per month
pursuant to this section if the director determines that a person has
made a frivolous request within the past 12-month period.
6254.3. (a) The home addresses and home telephone numbers of state
employees and employees of a school district or county office of
education shall not be deemed to be public records and shall not be
open to public inspection, except that disclosure of that information
may be made as follows:
(1) To an agent, or a family member of the individual to whom the
information pertains.
(2) To an officer or employee of another state agency, school
district, or county office of education when necessary for the
performance of its official duties.
(3) To an employee organization pursuant to regulations and
decisions of the Public Employment Relations Board, except that the
home addresses and home telephone numbers of employees performing law
enforcement-related functions shall not be disclosed.
(4) To an agent or employee of a health benefit plan providing
health services or administering claims for health services to state,
school districts, and county office of education employees and their
enrolled dependents, for the purpose of providing the health
services or administering claims for employees and their enrolled
dependents.
(b) Upon written request of any employee, a state agency, school
district, or county office of education shall not disclose the
employee's home address or home telephone number pursuant to
paragraph (3) of subdivision (a) and an agency shall remove the
employee's home address and home telephone number from any mailing
list maintained by the agency, except if the list is used exclusively
by the agency to contact the employee.
6254.4. (a) The home address, telephone number, e-mail address,
precinct number, or other number specified by the Secretary of State
for voter registration purposes, and prior registration information
shown on the voter registration card for all registered voters, are
confidential and shall not be disclosed to any person, except
pursuant to Section 2194 of the Elections Code.
(b) For purposes of this section, "home address" means street
address only, and does not include an individual's city or post
office address.
(c) The California driver's license number, the California
identification card number, the social security number, and any other
unique identifier used by the State of California for purposes of
voter identification shown on a voter registration card of a
registered voter, or added to the voter registration records to
comply with the requirements of the Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.), are confidential and shall not be
disclosed to any person.
(d) The signature of the voter that is shown on the voter
registration card is confidential and shall not be disclosed to any
person.
6254.5. Notwithstanding any other provisions of the law, whenever a
state or local agency discloses a public record which is otherwise
exempt from this chapter, to any member of the public, this
disclosure shall constitute a waiver of the exemptions specified in
Sections 6254, 6254.7, or other similar provisions of law. For
purposes of this section, "agency" includes a member, agent, officer,
or employee of the agency acting within the scope of his or her
membership, agency, office, or employment.
This section, however, shall not apply to disclosures:
(a) Made pursuant to the Information Practices Act (commencing
with Section 1798 of the Civil Code) or discovery proceedings.
(b) Made through other legal proceedings or as otherwise required
by law.
(c) Within the scope of disclosure of a statute which limits
disclosure of specified writings to certain purposes.
(d) Not required by law, and prohibited by formal action of an
elected legislative body of the local agency which retains the
writings.
(e) Made to any governmental agency which agrees to treat the
disclosed material as confidential. Only persons authorized in
writing by the person in charge of the agency shall be permitted to
obtain the information. Any information obtained by the agency shall
only be used for purposes which are consistent with existing law.
(f) Of records relating to a financial institution or an affiliate
thereof, if the disclosures are made to the financial institution or
affiliate by a state agency responsible for the regulation or
supervision of the financial institution or affiliate.
(g) Of records relating to any person that is subject to the
jurisdiction of the Department of Corporations, if the disclosures
are made to the person that is the subject of the records for the
purpose of corrective action by that person, or if a corporation, to
an officer, director, or other key personnel of the corporation for
the purpose of corrective action, or to any other person to the
extent necessary to obtain information from that person for the
purpose of an investigation by the Department of Corporations.
(h) Made by the Commissioner of Financial Institutions under
Section 280, 282, 8009, or 18396 of the Financial Code.
(i) Of records relating to any person that is subject to the
jurisdiction of the Department of Managed Health Care, if the
disclosures are made to the person that is the subject of the records
for the purpose of corrective action by that person, or if a
corporation, to an officer, director, or other key personnel of the
corporation for the purpose of corrective action, or to any other
person to the extent necessary to obtain information from that person
for the purpose of an investigation by the Department of Managed
Health Care.
6254.6. Whenever a city and county or a joint powers agency,
pursuant to a mandatory statute or charter provision to collect
private industry wage data for salary setting purposes, or a contract
entered to implement that mandate, is provided this data by the
federal Bureau of Labor Statistics on the basis that the identity of
private industry employers shall remain confidential, the identity of
the employers shall not be open to the public or be admitted as
evidence in any action or special proceeding.
6254.7. (a) All information, analyses, plans, or specifications
that disclose the nature, extent, quantity, or degree of air
contaminants or other pollution which any article, machine,
equipment, or other contrivance will produce, which any air pollution
control district or air quality management district, or any other
state or local agency or district, requires any applicant to provide
before the applicant builds, erects, alters, replaces, operates,
sells, rents, or uses the article, machine, equipment, or other
contrivance, are public records.
(b) All air or other pollution monitoring data, including data
compiled from stationary sources, are public records.
(c) All records of notices and orders directed to the owner of any
building of violations of housing or building codes, ordinances,
statutes, or regulations which constitute violations of standards
provided in Section 1941.1 of the Civil Code, and records of
subsequent action with respect to those notices and orders, are
public records.
(d) Except as otherwise provided in subdivision (e) and Chapter 3
(commencing with Section 99150) of Part 65 of the Education Code,
trade secrets are not public records under this section. "Trade
secrets," as used in this section, may include, but are not limited
to, any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of information which is
not patented, which is known only to certain individuals within a
commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial value and
which gives its user an opportunity to obtain a business advantage
over competitors who do not know or use it.
(e) Notwithstanding any other pro
6250. In enacting this chapter, the Legislature, mindful of the
right of individuals to privacy, finds and declares that access to
information concerning the conduct of the people's business is a
fundamental and necessary right of every person in this state.
6251. This chapter shall be known and may be cited as the
California Public Records Act.
6252. As used in this chapter:
(a) "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 entities that are legislative
bodies of a local agency pursuant to subdivisions (c) and (d) of
Section 54952.
(b) "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.
(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.
(f) "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.
(g) "Writing" means any handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing any form of communication or representation, including
letters, words, pictures, sounds, or symbols, or combinations
thereof, and any record thereby created, regardless of the manner in
which the record has been stored.
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.
6252.6. Notwithstanding paragraph (2) of subdivision (a) of Section
827 of the Welfare and Institutions Code, after the death of a
foster child who is a minor, the name, date of birth, and date of
death of the child shall be subject to disclosure by the county child
welfare agency pursuant to this chapter.
6252.7. Notwithstanding Section 6252.5 or any other provision of
law, when the members of a legislative body of a local agency are
authorized to access a writing of the body or of the agency as
permitted by law in the administration of their duties, the local
agency, as defined in Section 54951, shall not discriminate between
or among any of those members as to which writing or portion thereof
is made available or when it is made available.
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.
(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. When
the agency dispatches the determination, and if the agency determines
that the request seeks disclosable public records, the agency shall
state the estimated date and time when the records will be made
available. As used in this section, "unusual circumstances" means the
following, 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 that 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.
(4) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.
(d) Nothing in this chapter shall be construed to permit an agency
to delay or obstruct the inspection or copying of public records.
The notification of denial of any request for records required by
Section 6255 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.
6253.1. (a) When a member of the public requests to inspect a
public record or obtain a copy of a public record, the public agency,
in order to assist the member of the public make a focused and
effective request that reasonably describes an identifiable record or
records, shall do all of the following, to the extent reasonable
under the circumstances:
(1) Assist the member of the public to identify records and
information that are responsive to the request or to the purpose of
the request, if stated.
(2) Describe the information technology and physical location in
which the records exist.
(3) Provide suggestions for overcoming any practical basis for
denying access to the records or information sought.
(b) The requirements of paragraph (1) of subdivision (a) shall be
deemed to have been satisfied if the public agency is unable to
identify the requested information after making a reasonable effort
to elicit additional clarifying information from the requester that
will help identify the record or records.
(c) The requirements of subdivision (a) are in addition to any
action required of a public agency by Section 6253.
(d) This section shall not apply to a request for public records
if any of the following applies:
(1) The public agency makes available the requested records
pursuant to Section 6253.
(2) The public agency determines that the request should be denied
and bases that determination solely on an exemption listed in
Section 6254.
(3) The public agency makes available an index of its records.
6253.2. (a) Notwithstanding any other provision of this chapter to
the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code or personal care services pursuant to
Section 14132.95 of the Welfare and Institutions Code, shall not be
subject to public disclosure pursuant to this chapter, except as
provided in subdivision (b).
(b) Copies of names, addresses, and telephone numbers of persons
described in subdivision (a) shall be made available, upon request,
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to subdivision (c) of Section
12301.6 or Section 12302 of the Welfare and Institutions Code or
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1.
This information shall not be used by the receiving entity for any
purpose other than the employee organizing, representation, and
assistance activities of the labor organization.
(c) This section shall apply solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code) or the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code.
(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4) or any other labor relations law.
6253.3. A state or local agency may not allow another party to
control the disclosure of information that is otherwise subject to
disclosure pursuant to this chapter.
6253.31. Notwithstanding any contract term to the contrary, a
contract entered into by a state or local agency subject to this
chapter, including the University of California, that requires a
private entity to review, audit, or report on any aspect of that
agency shall be public to the extent the contract is otherwise
subject to disclosure under this chapter.
6253.4. (a) 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
Department of Managed Health Care
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 Care Services
Employment Development Department
State Department of Public Health
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 Resources 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 Section 6253.
6253.5. Notwithstanding Sections 6252 and 6253, statewide, county,
city, and district initiative, referendum, and recall petitions,
petitions circulated pursuant to Section 5091 of the Education Code,
petitions for the reorganization of school districts submitted
pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of
Part 21 of the Education Code, petitions for the reorganization of
community college districts submitted pursuant to Part 46 (commencing
with Section 74000) of the Education Code and all memoranda prepared
by the county elections officials in the examination of the
petitions indicating which registered voters have signed particular
petitions shall not be deemed to be public records and shall not be
open to inspection except by the public officer or public employees
who have the duty of receiving, examining or preserving the petitions
or who are responsible for the preparation of that memoranda and, if
the petition is found to be insufficient, by the proponents of the
petition and the representatives of the proponents as may be
designated by the proponents in writing in order to determine which
signatures were disqualified and the reasons therefor. However, the
Attorney General, the Secretary of State, the Fair Political
Practices Commission, a district attorney, a school district or a
community college district attorney, and a city attorney shall be
permitted to examine the material upon approval of the appropriate
superior court.
If the proponents of a petition are permitted to examine the
petition and memoranda, the examination shall commence not later than
21 days after certification of insufficiency.
(a) As used in this section, "petition" shall mean any petition to
which a registered voter has affixed his or her signature.
(b) As used in this section "proponents of the petition" means the
following:
(1) For statewide initiative and referendum measures, the person
or persons who submit a draft of a petition proposing the measure to
the Attorney General with a request that he or she prepare a title
and summary of the chief purpose and points of the proposed measure.
(2) For other initiative and referenda on measures, the person or
persons who publish a notice of intention to circulate petitions, or,
where publication is not required, who file petitions with the
elections official.
(3) For recall measures, the person or persons defined in Section
343 of the Elections Code.
(4) For petitions circulated pursuant to Section 5091 of the
Education Code, the person or persons having charge of the petition
who submit the petition to the county superintendent of schools.
(5) For petitions circulated pursuant to Article 1 (commencing
with Section 35700) of Chapter 4 of Part 21 of the Education Code,
the person or persons designated as chief petitioners under Section
35701 of the Education Code.
(6) For petitions circulated pursuant to Part 46 (commencing with
Section 74000) of the Education Code, the person or persons
designated as chief petitioners under Sections 74102, 74133, and
74152 of the Education Code.
6253.6. (a) Notwithstanding the provisions of Sections 6252 and
6253, information compiled by public officers or public employees
revealing the identity of persons who have requested bilingual
ballots or ballot pamphlets, made in accordance with any federal or
state law, or other data that would reveal the identity of the
requester, shall not be deemed to be public records and shall not be
provided to any person other than public officers or public employees
who are responsible for receiving those requests and processing the
same.
(b) Nothing contained in subdivision (a) shall be construed as
prohibiting any person who is otherwise authorized by law from
examining election materials, including, but not limited to,
affidavits of registration, provided that requests for bilingual
ballots or ballot pamphlets shall be subject to the restrictions
contained in subdivision (a).
6253.8. (a) Every final enforcement order issued by an agency
listed in subdivision (b) under any provision of law that is
administered by an entity listed in subdivision (b), shall be
displayed on the entity's Internet website, if the final enforcement
order is a public record that is not exempt from disclosure pursuant
to this chapter.
(b) This section applies to the California Environmental
Protection Agency and to all of the following entities within the
agency:
(1) The State Air Resources Board.
(2) The California Integrated Waste Management Board.
(3) The State Water Resources Control Board, and each California
regional water quality control board.
(4) The Department of Pesticide Regulation.
(5) The Department of Toxic Substances Control.
(c) (1) Except as provided in paragraph (2), for purposes of this
section, an enforcement order is final when the time for judicial
review has expired on or after January 1, 2001, or when all means of
judicial review have been exhausted on or after January 1, 2001.
(2) In addition to the requirements of paragraph (1), with regard
to a final enforcement order issued by the State Water Resources
Control Board or a California regional water quality control board,
this section shall apply only to a final enforcement order adopted by
that board or a regional board at a public meeting.
(d) An order posted pursuant to this section shall be posted for
not less than one year.
(e) The California Environmental Protection Agency shall oversee
the implementation of this section.
(f) This section shall become operative April 1, 2001.
6253.9. (a) Unless otherwise prohibited by law, any agency that has
information that constitutes an identifiable public record not
exempt from disclosure pursuant to this chapter that is in an
electronic format shall make that information available in an
electronic format when requested by any person and, when applicable,
shall comply with the following:
(1) The agency shall make the information available in any
electronic format in which it holds the information.
(2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies. The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record when
either of the following applies:
(1) In order to comply with the provisions of subdivision (a), the
public agency would be required to produce a copy of an electronic
record and the record is one that is produced only at otherwise
regularly scheduled intervals.
(2) The request would require data compilation, extraction, or
programming to produce the record.
(c) Nothing in this section shall be construed to require the
public agency to reconstruct a record in an electronic format if the
agency no longer has the record available in an electronic format.
(d) If the request is for information in other than electronic
format, and the information also is in electronic format, the agency
may inform the requester that the information is available in
electronic format.
(e) Nothing in this section shall be construed to permit an agency
to make information available only in an electronic format.
(f) Nothing in this section shall be construed to require the
public agency to release an electronic record in the electronic form
in which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of any
proprietary software in which it is maintained.
(g) Nothing in this section shall be construed to permit public
access to records held by any agency to which access is otherwise
restricted by statute.
6254. Except as provided in Sections 6254.7 and 6254.13, nothing in
this chapter shall be construed to require disclosure of records
that are any of the following:
(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
(2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency
referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
(f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
California Emergency Management Agency, and any state or local police
agency, or any investigatory or security files compiled by any other
state or local police agency, or any investigatory or security files
compiled by any other state or local agency for correctional, law
enforcement, or licensing purposes. However, state and local law
enforcement agencies shall disclose the names and addresses of
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
parties involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident, or
an authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire, explosion, larceny,
robbery, carjacking, vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or
conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
(1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2006,
statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
crime, information disclosing that the person is a victim of a crime
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2006, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
(g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
(i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
(l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s Legal Affairs Secretary. However, public records shall not be
transferred to the custody of the Governor's Legal Affairs Secretary
to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters.
Nothing in this subdivision shall be construed to limit the
disclosure duties of a state agency with respect to any other records
relating to the activities governed by the employee relations acts
referred to in this subdivision.
(q) Records of state agencies related to activities governed by
Article 2.6 (commencing with Section 14081), Article 2.8 (commencing
with Section 14087.5), and Article 2.91 (commencing with Section
14089) of Chapter 7 of Part 3 of Division 9 of the Welfare and
Institutions Code, that reveal the special negotiator's deliberative
processes, discussions, communications, or any other portion of the
negotiations with providers of health care services, impressions,
opinions, recommendations, meeting minutes, research, work product,
theories, or strategy, or that provide instruction, advice, or
training to employees.
Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
Three years after a contract or amendment is open to inspection
under this subdivision, the portion of the contract or amendment
containing the rates of payment shall be open to inspection.
Notwithstanding any other provision of law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee and the Legislative Analyst's Office. The committee and
that office shall maintain the confidentiality of the contracts and
amendments until the time a contract or amendment is fully open to
inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 12050 of the Penal Code by
the sheriff of a county or the chief or other head of a municipal
police department that indicates when or where the applicant is
vulnerable to attack or that concerns the applicant's medical or
psychological history or that of members of his or her family.
(2) The home address and telephone number of peace officers,
judges, court commissioners, and magistrates that are set forth in
applications for licenses to carry firearms issued pursuant to
Section 12050 of the Penal Code by the sheriff of a county or the
chief or other head of a municipal police department.
(3) The home address and telephone number of peace officers,
judges, court commissioners, and magistrates that are set forth in
licenses to carry firearms issued pursuant to Section 12050 of the
Penal Code by the sheriff of a county or the chief or other head of a
municipal police department.
(v) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.3 (commencing with Section
12695), Part 6.5 (commencing with Section 12700), Part 6.6
(commencing with Section 12739.5), and Part 6.7 (commencing with
Section 12739.70) of Division 2 of the Insurance Code, and that
reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, on or after July 1, 1991, shall be open to inspection one year
after their effective dates.
(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto, until
the contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
(3) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto, until
the contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of Division 2
of the Insurance Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code, on or after January 1,
1998, shall be open to inspection one year after their effective
dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code is amended, the amendment shall be
open to inspection one year after the effective date of the
amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff shall also apply to the contracts,
deliberative processes, discussions, communications, negotiations,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of applicants pursuant to Part
6.4 (commencing with Section 12699.50) of Division 2 of the Insurance
Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (c)
of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for use by
that office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
"voluntarily submitted" means submitted in the absence of the office
exercising any legal authority to compel access to or submission of
critical infrastructure information. This subdivision shall not
affect the status of information in the possession of any other state
or local governmental agency.
(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
(ad) The following records of the State Compensation Insurance
Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
(4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(D) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
(E) Nothing in this paragraph is intended to apply to documents
related to contracts with public entities that are not otherwise
expressly confidential as to that public entity.
(F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
Nothing in this section prevents any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.
Nothing in this section prevents any health facility from
disclosing to a certified bargaining agent relevant financing
information pursuant to Section 8 of the National Labor Relations Act
(29 U.S.C. Sec. 158).
6254.1. (a) Except as provided in Section 6254.7, nothing in this
chapter requires disclosure of records that are the residence address
of any person contained in the records of the Department of Housing
and Community Development, if the person has requested
confidentiality of that information, in accordance with Section 18081
of the Health and Safety Code.
(b) Nothing in this chapter requires the disclosure of the
residence or mailing address of any person in any record of the
Department of Motor Vehicles except in accordance with Section
1808.21 of the Vehicle Code.
(c) Nothing in this chapter requires the disclosure of the results
of a test undertaken pursuant to Section 12804.8 of the Vehicle
Code.
6254.2. (a) Nothing in this chapter exempts from public disclosure
the same categories of pesticide safety and efficacy information that
are disclosable under paragraph (1) of subsection (d) of Section 10
of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
Sec. 136h(d)(1)), if the individual requesting the information is not
an officer, employee, or agent specified in subdivision (h) and
signs the affirmation specified in subdivision (h).
(b) The Director of Pesticide Regulation, upon his or her
initiative, or upon receipt of a request pursuant to this chapter for
the release of data submitted and designated as a trade secret by a
registrant or applicant, shall determine whether any or all of the
data so submitted is a properly designated trade secret. In order to
assure that the interested public has an opportunity to obtain and
review pesticide safety and efficacy data and to comment prior to the
expiration of the public comment period on a proposed pesticide
registration, the director shall provide notice to interested persons
when an application for registration enters the registration
evaluation process.
(c) If the director determines that the data is not a trade
secret, the director shall notify the registrant or applicant by
certified mail.
(d) The registrant or applicant shall have 30 days after receipt
of this notification to provide the director with a complete
justification and statement of the grounds on which the trade secret
privilege is claimed. This justification and statement shall be
submitted by certified mail.
(e) The director shall determine whether the data is protected as
a trade secret within 15 days after receipt of the justification and
statement or, if no justification and statement is filed, within 45
days of the original notice. The director shall notify the registrant
or applicant and any party who has requested the data pursuant to
this chapter of that determination by certified mail. If the director
determines that the data is not protected as a trade secret, the
final notice shall also specify a date, not sooner than 15 days after
the date of mailing of the final notice, when the data shall be
available to any person requesting information pursuant to
subdivision (a).
(f) "Trade secret" means data that is nondisclosable under
paragraph (1) of subsection (d) of Section 10 of the federal
Insecticide, Fungicide, and Rodenticide Act.
(g) This section shall be operative only so long as, and to the
extent that, enforcement of paragraph (1) of subsection (d) of
Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act
has not been enjoined by federal court order, and shall become
inoperative if an unappealable federal court judgment or decision
becomes final that holds that paragraph invalid, to the extent of the
invalidity.
(h) The director shall not knowingly disclose information
submitted to the state by an applicant or registrant pursuant to
Article 4 (commencing with Section 12811) of Chapter 2 of Division 7
of the Food and Agricultural Code to any officer, employee, or agent
of any business or other entity engaged in the production, sale, or
distribution of pesticides in countries other than the United States
or in countries in addition to the United States, or to any other
person who intends to deliver this information to any foreign or
multi-national business or entity, unless the applicant or registrant
consents to the disclosure. To implement this subdivision, the
director shall require the following affirmation to be signed by the
person who requests such information:
AFFIRMATION OF STATUS
This affirmation is required by Section 6254.2 of the Government
Code.
I have requested access to information submitted to the Department
of Pesticide Regulation (or previously submitted to the Department
of Food and Agriculture) by a pesticide applicant or registrant
pursuant to the California Food and Agricultural Code. I hereby
affirm all of the following statements:
(1) I do not seek access to the information for purposes of
delivering it or offering it for sale to any business or other
entity, including the business or entity of which I am an officer,
employee, or agent engaged in the production, sale, or distribution
of pesticides in countries other than the United States or in
countries in addition to the United States, or to the officers,
employees, or agents of such a business or entity.
(2) I will not purposefully deliver or negligently cause the data
to be delivered to a business or entity specified in paragraph (1) or
its officers, employees, or agents.
I am aware that I may be subject to criminal penalties under
Section 118 of the Penal Code if I make any statement of material
facts knowing that the statement is false or if I willfully conceal
any material fact.
________________________ _________________________
Name of Requester Name of Requester's
Organization
________________________ _________________________
Signature of Requester Address of Requester
_________ ______________ _________________________
Telephone Number of
Date Request No.
Requester
________________________
Name, Address, and
Telephone Number of
Requester's Client, if
the requester has
requested access to the
information on behalf
of
someone other than the
requester or the
requester's
organization
listed above.
(i) Notwithstanding any other provision of this section, the
director may disclose information submitted by an applicant or
registrant to any person in connection with a public proceeding
conducted under law or regulation, if the director determines that
the information is needed to determine whether a pesticide, or any
ingredient of any pesticide, causes unreasonable adverse effects on
health or the environment.
(j) The director shall maintain records of the names of persons to
whom data is disclosed pursuant to this section and the persons or
organizations they represent and shall inform the applicant or
registrant of the names and the affiliation of these persons.
(k) Section 118 of the Penal Code applies to any affirmation made
pursuant to this section.
(l) Any officer or employee of the state or former officer or
employee of the state who, because of this employment or official
position, obtains possession of, or has access to, material which is
prohibited from disclosure by this section, and who, knowing that
disclosure of this material is prohibited by this section, willfully
discloses the material in any manner to any person not entitled to
receive it, shall, upon conviction, be punished by a fine of not more
than ten thousand dollars ($10,000), or by imprisonment in the
county jail for not more than one year, or by both fine and
imprisonment.
For purposes of this subdivision, any contractor with the state
who is furnished information pursuant to this section, or any
employee of any contractor, shall be considered an employee of the
state.
(m) This section does not prohibit any person from maintaining a
civil action for wrongful disclosure of trade secrets.
(n) The director may limit an individual to one request per month
pursuant to this section if the director determines that a person has
made a frivolous request within the past 12-month period.
6254.3. (a) The home addresses and home telephone numbers of state
employees and employees of a school district or county office of
education shall not be deemed to be public records and shall not be
open to public inspection, except that disclosure of that information
may be made as follows:
(1) To an agent, or a family member of the individual to whom the
information pertains.
(2) To an officer or employee of another state agency, school
district, or county office of education when necessary for the
performance of its official duties.
(3) To an employee organization pursuant to regulations and
decisions of the Public Employment Relations Board, except that the
home addresses and home telephone numbers of employees performing law
enforcement-related functions shall not be disclosed.
(4) To an agent or employee of a health benefit plan providing
health services or administering claims for health services to state,
school districts, and county office of education employees and their
enrolled dependents, for the purpose of providing the health
services or administering claims for employees and their enrolled
dependents.
(b) Upon written request of any employee, a state agency, school
district, or county office of education shall not disclose the
employee's home address or home telephone number pursuant to
paragraph (3) of subdivision (a) and an agency shall remove the
employee's home address and home telephone number from any mailing
list maintained by the agency, except if the list is used exclusively
by the agency to contact the employee.
6254.4. (a) The home address, telephone number, e-mail address,
precinct number, or other number specified by the Secretary of State
for voter registration purposes, and prior registration information
shown on the voter registration card for all registered voters, are
confidential and shall not be disclosed to any person, except
pursuant to Section 2194 of the Elections Code.
(b) For purposes of this section, "home address" means street
address only, and does not include an individual's city or post
office address.
(c) The California driver's license number, the California
identification card number, the social security number, and any other
unique identifier used by the State of California for purposes of
voter identification shown on a voter registration card of a
registered voter, or added to the voter registration records to
comply with the requirements of the Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.), are confidential and shall not be
disclosed to any person.
(d) The signature of the voter that is shown on the voter
registration card is confidential and shall not be disclosed to any
person.
6254.5. Notwithstanding any other provisions of the law, whenever a
state or local agency discloses a public record which is otherwise
exempt from this chapter, to any member of the public, this
disclosure shall constitute a waiver of the exemptions specified in
Sections 6254, 6254.7, or other similar provisions of law. For
purposes of this section, "agency" includes a member, agent, officer,
or employee of the agency acting within the scope of his or her
membership, agency, office, or employment.
This section, however, shall not apply to disclosures:
(a) Made pursuant to the Information Practices Act (commencing
with Section 1798 of the Civil Code) or discovery proceedings.
(b) Made through other legal proceedings or as otherwise required
by law.
(c) Within the scope of disclosure of a statute which limits
disclosure of specified writings to certain purposes.
(d) Not required by law, and prohibited by formal action of an
elected legislative body of the local agency which retains the
writings.
(e) Made to any governmental agency which agrees to treat the
disclosed material as confidential. Only persons authorized in
writing by the person in charge of the agency shall be permitted to
obtain the information. Any information obtained by the agency shall
only be used for purposes which are consistent with existing law.
(f) Of records relating to a financial institution or an affiliate
thereof, if the disclosures are made to the financial institution or
affiliate by a state agency responsible for the regulation or
supervision of the financial institution or affiliate.
(g) Of records relating to any person that is subject to the
jurisdiction of the Department of Corporations, if the disclosures
are made to the person that is the subject of the records for the
purpose of corrective action by that person, or if a corporation, to
an officer, director, or other key personnel of the corporation for
the purpose of corrective action, or to any other person to the
extent necessary to obtain information from that person for the
purpose of an investigation by the Department of Corporations.
(h) Made by the Commissioner of Financial Institutions under
Section 280, 282, 8009, or 18396 of the Financial Code.
(i) Of records relating to any person that is subject to the
jurisdiction of the Department of Managed Health Care, if the
disclosures are made to the person that is the subject of the records
for the purpose of corrective action by that person, or if a
corporation, to an officer, director, or other key personnel of the
corporation for the purpose of corrective action, or to any other
person to the extent necessary to obtain information from that person
for the purpose of an investigation by the Department of Managed
Health Care.
6254.6. Whenever a city and county or a joint powers agency,
pursuant to a mandatory statute or charter provision to collect
private industry wage data for salary setting purposes, or a contract
entered to implement that mandate, is provided this data by the
federal Bureau of Labor Statistics on the basis that the identity of
private industry employers shall remain confidential, the identity of
the employers shall not be open to the public or be admitted as
evidence in any action or special proceeding.
6254.7. (a) All information, analyses, plans, or specifications
that disclose the nature, extent, quantity, or degree of air
contaminants or other pollution which any article, machine,
equipment, or other contrivance will produce, which any air pollution
control district or air quality management district, or any other
state or local agency or district, requires any applicant to provide
before the applicant builds, erects, alters, replaces, operates,
sells, rents, or uses the article, machine, equipment, or other
contrivance, are public records.
(b) All air or other pollution monitoring data, including data
compiled from stationary sources, are public records.
(c) All records of notices and orders directed to the owner of any
building of violations of housing or building codes, ordinances,
statutes, or regulations which constitute violations of standards
provided in Section 1941.1 of the Civil Code, and records of
subsequent action with respect to those notices and orders, are
public records.
(d) Except as otherwise provided in subdivision (e) and Chapter 3
(commencing with Section 99150) of Part 65 of the Education Code,
trade secrets are not public records under this section. "Trade
secrets," as used in this section, may include, but are not limited
to, any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of information which is
not patented, which is known only to certain individuals within a
commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial value and
which gives its user an opportunity to obtain a business advantage
over competitors who do not know or use it.
(e) Notwithstanding any other pro
6250. In enacting this chapter, the Legislature, mindful of the
right of individuals to privacy, finds and declares that access to
information concerning the conduct of the people's business is a
fundamental and necessary right of every person in this state.
6251. This chapter shall be known and may be cited as the
California Public Records Act.
6252. As used in this chapter:
(a) "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 entities that are legislative
bodies of a local agency pursuant to subdivisions (c) and (d) of
Section 54952.
(b) "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.
(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.
(f) "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.
(g) "Writing" means any handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing any form of communication or representation, including
letters, words, pictures, sounds, or symbols, or combinations
thereof, and any record thereby created, regardless of the manner in
which the record has been stored.
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.
6252.6. Notwithstanding paragraph (2) of subdivision (a) of Section
827 of the Welfare and Institutions Code, after the death of a
foster child who is a minor, the name, date of birth, and date of
death of the child shall be subject to disclosure by the county child
welfare agency pursuant to this chapter.
6252.7. Notwithstanding Section 6252.5 or any other provision of
law, when the members of a legislative body of a local agency are
authorized to access a writing of the body or of the agency as
permitted by law in the administration of their duties, the local
agency, as defined in Section 54951, shall not discriminate between
or among any of those members as to which writing or portion thereof
is made available or when it is made available.
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.
(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. When
the agency dispatches the determination, and if the agency determines
that the request seeks disclosable public records, the agency shall
state the estimated date and time when the records will be made
available. As used in this section, "unusual circumstances" means the
following, 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 that 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.
(4) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.
(d) Nothing in this chapter shall be construed to permit an agency
to delay or obstruct the inspection or copying of public records.
The notification of denial of any request for records required by
Section 6255 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.
6253.1. (a) When a member of the public requests to inspect a
public record or obtain a copy of a public record, the public agency,
in order to assist the member of the public make a focused and
effective request that reasonably describes an identifiable record or
records, shall do all of the following, to the extent reasonable
under the circumstances:
(1) Assist the member of the public to identify records and
information that are responsive to the request or to the purpose of
the request, if stated.
(2) Describe the information technology and physical location in
which the records exist.
(3) Provide suggestions for overcoming any practical basis for
denying access to the records or information sought.
(b) The requirements of paragraph (1) of subdivision (a) shall be
deemed to have been satisfied if the public agency is unable to
identify the requested information after making a reasonable effort
to elicit additional clarifying information from the requester that
will help identify the record or records.
(c) The requirements of subdivision (a) are in addition to any
action required of a public agency by Section 6253.
(d) This section shall not apply to a request for public records
if any of the following applies:
(1) The public agency makes available the requested records
pursuant to Section 6253.
(2) The public agency determines that the request should be denied
and bases that determination solely on an exemption listed in
Section 6254.
(3) The public agency makes available an index of its records.
6253.2. (a) Notwithstanding any other provision of this chapter to
the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code or personal care services pursuant to
Section 14132.95 of the Welfare and Institutions Code, shall not be
subject to public disclosure pursuant to this chapter, except as
provided in subdivision (b).
(b) Copies of names, addresses, and telephone numbers of persons
described in subdivision (a) shall be made available, upon request,
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to subdivision (c) of Section
12301.6 or Section 12302 of the Welfare and Institutions Code or
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1.
This information shall not be used by the receiving entity for any
purpose other than the employee organizing, representation, and
assistance activities of the labor organization.
(c) This section shall apply solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code) or the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code.
(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4) or any other labor relations law.
6253.3. A state or local agency may not allow another party to
control the disclosure of information that is otherwise subject to
disclosure pursuant to this chapter.
6253.31. Notwithstanding any contract term to the contrary, a
contract entered into by a state or local agency subject to this
chapter, including the University of California, that requires a
private entity to review, audit, or report on any aspect of that
agency shall be public to the extent the contract is otherwise
subject to disclosure under this chapter.
6253.4. (a) 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
Department of Managed Health Care
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 Care Services
Employment Development Department
State Department of Public Health
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 Resources 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 Section 6253.
6253.5. Notwithstanding Sections 6252 and 6253, statewide, county,
city, and district initiative, referendum, and recall petitions,
petitions circulated pursuant to Section 5091 of the Education Code,
petitions for the reorganization of school districts submitted
pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of
Part 21 of the Education Code, petitions for the reorganization of
community college districts submitted pursuant to Part 46 (commencing
with Section 74000) of the Education Code and all memoranda prepared
by the county elections officials in the examination of the
petitions indicating which registered voters have signed particular
petitions shall not be deemed to be public records and shall not be
open to inspection except by the public officer or public employees
who have the duty of receiving, examining or preserving the petitions
or who are responsible for the preparation of that memoranda and, if
the petition is found to be insufficient, by the proponents of the
petition and the representatives of the proponents as may be
designated by the proponents in writing in order to determine which
signatures were disqualified and the reasons therefor. However, the
Attorney General, the Secretary of State, the Fair Political
Practices Commission, a district attorney, a school district or a
community college district attorney, and a city attorney shall be
permitted to examine the material upon approval of the appropriate
superior court.
If the proponents of a petition are permitted to examine the
petition and memoranda, the examination shall commence not later than
21 days after certification of insufficiency.
(a) As used in this section, "petition" shall mean any petition to
which a registered voter has affixed his or her signature.
(b) As used in this section "proponents of the petition" means the
following:
(1) For statewide initiative and referendum measures, the person
or persons who submit a draft of a petition proposing the measure to
the Attorney General with a request that he or she prepare a title
and summary of the chief purpose and points of the proposed measure.
(2) For other initiative and referenda on measures, the person or
persons who publish a notice of intention to circulate petitions, or,
where publication is not required, who file petitions with the
elections official.
(3) For recall measures, the person or persons defined in Section
343 of the Elections Code.
(4) For petitions circulated pursuant to Section 5091 of the
Education Code, the person or persons having charge of the petition
who submit the petition to the county superintendent of schools.
(5) For petitions circulated pursuant to Article 1 (commencing
with Section 35700) of Chapter 4 of Part 21 of the Education Code,
the person or persons designated as chief petitioners under Section
35701 of the Education Code.
(6) For petitions circulated pursuant to Part 46 (commencing with
Section 74000) of the Education Code, the person or persons
designated as chief petitioners under Sections 74102, 74133, and
74152 of the Education Code.
6253.6. (a) Notwithstanding the provisions of Sections 6252 and
6253, information compiled by public officers or public employees
revealing the identity of persons who have requested bilingual
ballots or ballot pamphlets, made in accordance with any federal or
state law, or other data that would reveal the identity of the
requester, shall not be deemed to be public records and shall not be
provided to any person other than public officers or public employees
who are responsible for receiving those requests and processing the
same.
(b) Nothing contained in subdivision (a) shall be construed as
prohibiting any person who is otherwise authorized by law from
examining election materials, including, but not limited to,
affidavits of registration, provided that requests for bilingual
ballots or ballot pamphlets shall be subject to the restrictions
contained in subdivision (a).
6253.8. (a) Every final enforcement order issued by an agency
listed in subdivision (b) under any provision of law that is
administered by an entity listed in subdivision (b), shall be
displayed on the entity's Internet website, if the final enforcement
order is a public record that is not exempt from disclosure pursuant
to this chapter.
(b) This section applies to the California Environmental
Protection Agency and to all of the following entities within the
agency:
(1) The State Air Resources Board.
(2) The California Integrated Waste Management Board.
(3) The State Water Resources Control Board, and each California
regional water quality control board.
(4) The Department of Pesticide Regulation.
(5) The Department of Toxic Substances Control.
(c) (1) Except as provided in paragraph (2), for purposes of this
section, an enforcement order is final when the time for judicial
review has expired on or after January 1, 2001, or when all means of
judicial review have been exhausted on or after January 1, 2001.
(2) In addition to the requirements of paragraph (1), with regard
to a final enforcement order issued by the State Water Resources
Control Board or a California regional water quality control board,
this section shall apply only to a final enforcement order adopted by
that board or a regional board at a public meeting.
(d) An order posted pursuant to this section shall be posted for
not less than one year.
(e) The California Environmental Protection Agency shall oversee
the implementation of this section.
(f) This section shall become operative April 1, 2001.
6253.9. (a) Unless otherwise prohibited by law, any agency that has
information that constitutes an identifiable public record not
exempt from disclosure pursuant to this chapter that is in an
electronic format shall make that information available in an
electronic format when requested by any person and, when applicable,
shall comply with the following:
(1) The agency shall make the information available in any
electronic format in which it holds the information.
(2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies. The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a), the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record when
either of the following applies:
(1) In order to comply with the provisions of subdivision (a), the
public agency would be required to produce a copy of an electronic
record and the record is one that is produced only at otherwise
regularly scheduled intervals.
(2) The request would require data compilation, extraction, or
programming to produce the record.
(c) Nothing in this section shall be construed to require the
public agency to reconstruct a record in an electronic format if the
agency no longer has the record available in an electronic format.
(d) If the request is for information in other than electronic
format, and the information also is in electronic format, the agency
may inform the requester that the information is available in
electronic format.
(e) Nothing in this section shall be construed to permit an agency
to make information available only in an electronic format.
(f) Nothing in this section shall be construed to require the
public agency to release an electronic record in the electronic form
in which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of any
proprietary software in which it is maintained.
(g) Nothing in this section shall be construed to permit public
access to records held by any agency to which access is otherwise
restricted by statute.
6254. Except as provided in Sections 6254.7 and 6254.13, nothing in
this chapter shall be construed to require disclosure of records
that are any of the following:
(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
(2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency
referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, that are obtained in confidence from any
person.
(f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
California Emergency Management Agency, and any state or local police
agency, or any investigatory or security files compiled by any other
state or local police agency, or any investigatory or security files
compiled by any other state or local agency for correctional, law
enforcement, or licensing purposes. However, state and local law
enforcement agencies shall disclose the names and addresses of
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
parties involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident, or
an authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire, explosion, larceny,
robbery, carjacking, vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or
conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
(1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 220,
236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e,
266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2,
288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2006,
statewide general election), 288.5, 288.7, 289, 422.6, 422.7, 422.75,
646.9, or 647.6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
crime, information disclosing that the person is a victim of a crime
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor, in making the
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2006, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
(g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
(i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
(l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s Legal Affairs Secretary. However, public records shall not be
transferred to the custody of the Governor's Legal Affairs Secretary
to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters.
Nothing in this subdivision shall be construed to limit the
disclosure duties of a state agency with respect to any other records
relating to the activities governed by the employee relations acts
referred to in this subdivision.
(q) Records of state agencies related to activities governed by
Article 2.6 (commencing with Section 14081), Article 2.8 (commencing
with Section 14087.5), and Article 2.91 (commencing with Section
14089) of Chapter 7 of Part 3 of Division 9 of the Welfare and
Institutions Code, that reveal the special negotiator's deliberative
processes, discussions, communications, or any other portion of the
negotiations with providers of health care services, impressions,
opinions, recommendations, meeting minutes, research, work product,
theories, or strategy, or that provide instruction, advice, or
training to employees.
Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
Three years after a contract or amendment is open to inspection
under this subdivision, the portion of the contract or amendment
containing the rates of payment shall be open to inspection.
Notwithstanding any other provision of law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee and the Legislative Analyst's Office. The committee and
that office shall maintain the confidentiality of the contracts and
amendments until the time a contract or amendment is fully open to
inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 10133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 12050 of the Penal Code by
the sheriff of a county or the chief or other head of a municipal
police department that indicates when or where the applicant is
vulnerable to attack or that concerns the applicant's medical or
psychological history or that of members of his or her family.
(2) The home address and telephone number of peace officers,
judges, court commissioners, and magistrates that are set forth in
applications for licenses to carry firearms issued pursuant to
Section 12050 of the Penal Code by the sheriff of a county or the
chief or other head of a municipal police department.
(3) The home address and telephone number of peace officers,
judges, court commissioners, and magistrates that are set forth in
licenses to carry firearms issued pursuant to Section 12050 of the
Penal Code by the sheriff of a county or the chief or other head of a
municipal police department.
(v) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.3 (commencing with Section
12695), Part 6.5 (commencing with Section 12700), Part 6.6
(commencing with Section 12739.5), and Part 6.7 (commencing with
Section 12739.70) of Division 2 of the Insurance Code, and that
reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.70) of Division 2 of the Insurance
Code, on or after July 1, 1991, shall be open to inspection one year
after their effective dates.
(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto, until
the contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
(3) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto, until
the contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 20 (commencing with Section
9800) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of Division 2
of the Insurance Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section
12699.50) of Division 2 of the Insurance Code, on or after January 1,
1998, shall be open to inspection one year after their effective
dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6.4 (commencing with Section 12699.50) of
Division 2 of the Insurance Code is amended, the amendment shall be
open to inspection one year after the effective date of the
amendment.
(3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of
the board or its staff shall also apply to the contracts,
deliberative processes, discussions, communications, negotiations,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of applicants pursuant to Part
6.4 (commencing with Section 12699.50) of Division 2 of the Insurance
Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (c)
of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for use by
that office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
"voluntarily submitted" means submitted in the absence of the office
exercising any legal authority to compel access to or submission of
critical infrastructure information. This subdivision shall not
affect the status of information in the possession of any other state
or local governmental agency.
(ac) All information provided to the Secretary of State by a
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
(ad) The following records of the State Compensation Insurance
Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed.
(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, work product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strategy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
(4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
instructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written request is withdrawn, or upon order of the
fund.
(ii) Papers, correspondence, memoranda, or any substantive
information pertaining to any audit not completed or an internal
audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered
into pursuant to Chapter 4 (commencing with Section 11770) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11770) of Part 3 of Division 2 of the Insurance Code is
amended, the amendment shall be open to inspection one year after the
amendment has been fully executed.
(C) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(D) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee. The committee shall maintain
the confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph.
(E) Nothing in this paragraph is intended to apply to documents
related to contracts with public entities that are not otherwise
expressly confidential as to that public entity.
(F) For purposes of this paragraph, "fully executed" means the
point in time when all of the necessary parties to the contract have
signed the contract.
Nothing in this section prevents any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.
Nothing in this section prevents any health facility from
disclosing to a certified bargaining agent relevant financing
information pursuant to Section 8 of the National Labor Relations Act
(29 U.S.C. Sec. 158).
6254.1. (a) Except as provided in Section 6254.7, nothing in this
chapter requires disclosure of records that are the residence address
of any person contained in the records of the Department of Housing
and Community Development, if the person has requested
confidentiality of that information, in accordance with Section 18081
of the Health and Safety Code.
(b) Nothing in this chapter requires the disclosure of the
residence or mailing address of any person in any record of the
Department of Motor Vehicles except in accordance with Section
1808.21 of the Vehicle Code.
(c) Nothing in this chapter requires the disclosure of the results
of a test undertaken pursuant to Section 12804.8 of the Vehicle
Code.
6254.2. (a) Nothing in this chapter exempts from public disclosure
the same categories of pesticide safety and efficacy information that
are disclosable under paragraph (1) of subsection (d) of Section 10
of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
Sec. 136h(d)(1)), if the individual requesting the information is not
an officer, employee, or agent specified in subdivision (h) and
signs the affirmation specified in subdivision (h).
(b) The Director of Pesticide Regulation, upon his or her
initiative, or upon receipt of a request pursuant to this chapter for
the release of data submitted and designated as a trade secret by a
registrant or applicant, shall determine whether any or all of the
data so submitted is a properly designated trade secret. In order to
assure that the interested public has an opportunity to obtain and
review pesticide safety and efficacy data and to comment prior to the
expiration of the public comment period on a proposed pesticide
registration, the director shall provide notice to interested persons
when an application for registration enters the registration
evaluation process.
(c) If the director determines that the data is not a trade
secret, the director shall notify the registrant or applicant by
certified mail.
(d) The registrant or applicant shall have 30 days after receipt
of this notification to provide the director with a complete
justification and statement of the grounds on which the trade secret
privilege is claimed. This justification and statement shall be
submitted by certified mail.
(e) The director shall determine whether the data is protected as
a trade secret within 15 days after receipt of the justification and
statement or, if no justification and statement is filed, within 45
days of the original notice. The director shall notify the registrant
or applicant and any party who has requested the data pursuant to
this chapter of that determination by certified mail. If the director
determines that the data is not protected as a trade secret, the
final notice shall also specify a date, not sooner than 15 days after
the date of mailing of the final notice, when the data shall be
available to any person requesting information pursuant to
subdivision (a).
(f) "Trade secret" means data that is nondisclosable under
paragraph (1) of subsection (d) of Section 10 of the federal
Insecticide, Fungicide, and Rodenticide Act.
(g) This section shall be operative only so long as, and to the
extent that, enforcement of paragraph (1) of subsection (d) of
Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act
has not been enjoined by federal court order, and shall become
inoperative if an unappealable federal court judgment or decision
becomes final that holds that paragraph invalid, to the extent of the
invalidity.
(h) The director shall not knowingly disclose information
submitted to the state by an applicant or registrant pursuant to
Article 4 (commencing with Section 12811) of Chapter 2 of Division 7
of the Food and Agricultural Code to any officer, employee, or agent
of any business or other entity engaged in the production, sale, or
distribution of pesticides in countries other than the United States
or in countries in addition to the United States, or to any other
person who intends to deliver this information to any foreign or
multi-national business or entity, unless the applicant or registrant
consents to the disclosure. To implement this subdivision, the
director shall require the following affirmation to be signed by the
person who requests such information:
AFFIRMATION OF STATUS
This affirmation is required by Section 6254.2 of the Government
Code.
I have requested access to information submitted to the Department
of Pesticide Regulation (or previously submitted to the Department
of Food and Agriculture) by a pesticide applicant or registrant
pursuant to the California Food and Agricultural Code. I hereby
affirm all of the following statements:
(1) I do not seek access to the information for purposes of
delivering it or offering it for sale to any business or other
entity, including the business or entity of which I am an officer,
employee, or agent engaged in the production, sale, or distribution
of pesticides in countries other than the United States or in
countries in addition to the United States, or to the officers,
employees, or agents of such a business or entity.
(2) I will not purposefully deliver or negligently cause the data
to be delivered to a business or entity specified in paragraph (1) or
its officers, employees, or agents.
I am aware that I may be subject to criminal penalties under
Section 118 of the Penal Code if I make any statement of material
facts knowing that the statement is false or if I willfully conceal
any material fact.
________________________ _________________________
Name of Requester Name of Requester's
Organization
________________________ _________________________
Signature of Requester Address of Requester
_________ ______________ _________________________
Telephone Number of
Date Request No.
Requester
________________________
Name, Address, and
Telephone Number of
Requester's Client, if
the requester has
requested access to the
information on behalf
of
someone other than the
requester or the
requester's
organization
listed above.
(i) Notwithstanding any other provision of this section, the
director may disclose information submitted by an applicant or
registrant to any person in connection with a public proceeding
conducted under law or regulation, if the director determines that
the information is needed to determine whether a pesticide, or any
ingredient of any pesticide, causes unreasonable adverse effects on
health or the environment.
(j) The director shall maintain records of the names of persons to
whom data is disclosed pursuant to this section and the persons or
organizations they represent and shall inform the applicant or
registrant of the names and the affiliation of these persons.
(k) Section 118 of the Penal Code applies to any affirmation made
pursuant to this section.
(l) Any officer or employee of the state or former officer or
employee of the state who, because of this employment or official
position, obtains possession of, or has access to, material which is
prohibited from disclosure by this section, and who, knowing that
disclosure of this material is prohibited by this section, willfully
discloses the material in any manner to any person not entitled to
receive it, shall, upon conviction, be punished by a fine of not more
than ten thousand dollars ($10,000), or by imprisonment in the
county jail for not more than one year, or by both fine and
imprisonment.
For purposes of this subdivision, any contractor with the state
who is furnished information pursuant to this section, or any
employee of any contractor, shall be considered an employee of the
state.
(m) This section does not prohibit any person from maintaining a
civil action for wrongful disclosure of trade secrets.
(n) The director may limit an individual to one request per month
pursuant to this section if the director determines that a person has
made a frivolous request within the past 12-month period.
6254.3. (a) The home addresses and home telephone numbers of state
employees and employees of a school district or county office of
education shall not be deemed to be public records and shall not be
open to public inspection, except that disclosure of that information
may be made as follows:
(1) To an agent, or a family member of the individual to whom the
information pertains.
(2) To an officer or employee of another state agency, school
district, or county office of education when necessary for the
performance of its official duties.
(3) To an employee organization pursuant to regulations and
decisions of the Public Employment Relations Board, except that the
home addresses and home telephone numbers of employees performing law
enforcement-related functions shall not be disclosed.
(4) To an agent or employee of a health benefit plan providing
health services or administering claims for health services to state,
school districts, and county office of education employees and their
enrolled dependents, for the purpose of providing the health
services or administering claims for employees and their enrolled
dependents.
(b) Upon written request of any employee, a state agency, school
district, or county office of education shall not disclose the
employee's home address or home telephone number pursuant to
paragraph (3) of subdivision (a) and an agency shall remove the
employee's home address and home telephone number from any mailing
list maintained by the agency, except if the list is used exclusively
by the agency to contact the employee.
6254.4. (a) The home address, telephone number, e-mail address,
precinct number, or other number specified by the Secretary of State
for voter registration purposes, and prior registration information
shown on the voter registration card for all registered voters, are
confidential and shall not be disclosed to any person, except
pursuant to Section 2194 of the Elections Code.
(b) For purposes of this section, "home address" means street
address only, and does not include an individual's city or post
office address.
(c) The California driver's license number, the California
identification card number, the social security number, and any other
unique identifier used by the State of California for purposes of
voter identification shown on a voter registration card of a
registered voter, or added to the voter registration records to
comply with the requirements of the Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.), are confidential and shall not be
disclosed to any person.
(d) The signature of the voter that is shown on the voter
registration card is confidential and shall not be disclosed to any
person.
6254.5. Notwithstanding any other provisions of the law, whenever a
state or local agency discloses a public record which is otherwise
exempt from this chapter, to any member of the public, this
disclosure shall constitute a waiver of the exemptions specified in
Sections 6254, 6254.7, or other similar provisions of law. For
purposes of this section, "agency" includes a member, agent, officer,
or employee of the agency acting within the scope of his or her
membership, agency, office, or employment.
This section, however, shall not apply to disclosures:
(a) Made pursuant to the Information Practices Act (commencing
with Section 1798 of the Civil Code) or discovery proceedings.
(b) Made through other legal proceedings or as otherwise required
by law.
(c) Within the scope of disclosure of a statute which limits
disclosure of specified writings to certain purposes.
(d) Not required by law, and prohibited by formal action of an
elected legislative body of the local agency which retains the
writings.
(e) Made to any governmental agency which agrees to treat the
disclosed material as confidential. Only persons authorized in
writing by the person in charge of the agency shall be permitted to
obtain the information. Any information obtained by the agency shall
only be used for purposes which are consistent with existing law.
(f) Of records relating to a financial institution or an affiliate
thereof, if the disclosures are made to the financial institution or
affiliate by a state agency responsible for the regulation or
supervision of the financial institution or affiliate.
(g) Of records relating to any person that is subject to the
jurisdiction of the Department of Corporations, if the disclosures
are made to the person that is the subject of the records for the
purpose of corrective action by that person, or if a corporation, to
an officer, director, or other key personnel of the corporation for
the purpose of corrective action, or to any other person to the
extent necessary to obtain information from that person for the
purpose of an investigation by the Department of Corporations.
(h) Made by the Commissioner of Financial Institutions under
Section 280, 282, 8009, or 18396 of the Financial Code.
(i) Of records relating to any person that is subject to the
jurisdiction of the Department of Managed Health Care, if the
disclosures are made to the person that is the subject of the records
for the purpose of corrective action by that person, or if a
corporation, to an officer, director, or other key personnel of the
corporation for the purpose of corrective action, or to any other
person to the extent necessary to obtain information from that person
for the purpose of an investigation by the Department of Managed
Health Care.
6254.6. Whenever a city and county or a joint powers agency,
pursuant to a mandatory statute or charter provision to collect
private industry wage data for salary setting purposes, or a contract
entered to implement that mandate, is provided this data by the
federal Bureau of Labor Statistics on the basis that the identity of
private industry employers shall remain confidential, the identity of
the employers shall not be open to the public or be admitted as
evidence in any action or special proceeding.
6254.7. (a) All information, analyses, plans, or specifications
that disclose the nature, extent, quantity, or degree of air
contaminants or other pollution which any article, machine,
equipment, or other contrivance will produce, which any air pollution
control district or air quality management district, or any other
state or local agency or district, requires any applicant to provide
before the applicant builds, erects, alters, replaces, operates,
sells, rents, or uses the article, machine, equipment, or other
contrivance, are public records.
(b) All air or other pollution monitoring data, including data
compiled from stationary sources, are public records.
(c) All records of notices and orders directed to the owner of any
building of violations of housing or building codes, ordinances,
statutes, or regulations which constitute violations of standards
provided in Section 1941.1 of the Civil Code, and records of
subsequent action with respect to those notices and orders, are
public records.
(d) Except as otherwise provided in subdivision (e) and Chapter 3
(commencing with Section 99150) of Part 65 of the Education Code,
trade secrets are not public records under this section. "Trade
secrets," as used in this section, may include, but are not limited
to, any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of information which is
not patented, which is known only to certain individuals within a
commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial value and
which gives its user an opportunity to obtain a business advantage
over competitors who do not know or use it.
(e) Notwithstanding any other pro
