California Exemptions

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Exemptions to the Open Records law in California include the following:

 

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).

 

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, 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,

261, 261.5, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289,

422.6, 422.7, 422.75, or 646.9 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 by Section 220, 261, 261.5, 262, 264,

264.1, 273a, 273d, 286, 288, 288a, 289, 422.6, 422.7, 422.75, or

646.9 of the Penal Code 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, 261, 261.5, 262, 264, 264.1, 273a, 273d,

273.5, 286, 288, 288a, 289, 422.6, 422.7, 422.75, or 646.9 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 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 of Title 1, 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 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 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 or 11512 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 Major Risk Medical Insurance Program

related to activities governed by Part 6.3 (commencing with Section

12695) and Part 6.5 (commencing with Section 12700) 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) (A) Except for the portion of a contract that contains the

rates of payment, contracts for health coverage entered into pursuant

to Part 6.3 (commencing with Section 12695) or Part 6.5 (commencing

with Section 12700) of Division 2 of the Insurance Code, on or after

July 1, 1991, shall be open to inspection one year after they have

been fully executed.

(B) If a contract for health coverage 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 amendment has been fully executed.

 

(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 is open to inspection

pursuant to paragraph (3).

(w) (1) Records of the Major Risk Medical Insurance Program

related to activities governed by Chapter 14 (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 14 (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 contract or amendments to a contract is open to inspection

pursuant to paragraph (2).

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 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) (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 they have been

fully executed.

(B) In the event that 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 amendment

has been fully executed.

(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 with health plans, 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 with health plans, 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.

(bb) Critical infrastructure information, as defined in Section

131(3) of Title 6 of the United States Code, that is voluntarily

submitted to the California Office of Homeland Security 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.

(cc) 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.

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.

 

6254.3. (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.

 

6254.10. Nothing in this chapter requires disclosure of records

that relate to archaeological site information and reports maintained

by, or in the possession of, the Department of Parks and Recreation,

the State Historical Resources Commission, the State Lands

Commission, the Native American Heritage Commission, another state

agency, or a local agency, including the records that the agency

obtains through a consultation process between a California Native

American tribe and a state or local agency.

 

6254.11. Nothing in this chapter requires the disclosure of records

that relate to volatile organic compounds or chemical substances

information received or compiled by an air pollution control officer

pursuant to Section 42303.2 of the Health and Safety Code.

 

6254.14. (a) Except as provided in Sections 6254 and 6254.7,

nothing in this chapter shall be construed to require disclosure of

records of the Department of Corrections that relate to health care

services contract negotiations, and that reveal the deliberative

processes, discussions, communications, or any other portion of the

negotiations, including, but not limited to, records related to those

negotiations such as meeting minutes, research, work product,

theories, or strategy of the department, or its staff, or members of

the California Medical Assistance Commission, or its staff, who act

in consultation with, or on behalf of, the department.

Except for the portion of a contract that contains the rates of

payment, contracts for health services entered into by the Department

of Corrections or the California Medical Assistance Commission on or

after July 1, 1993, shall be open to inspection one year after they

are fully executed. In the event that a contract for health services

that is entered into prior to July 1, 1993, is amended on or after

July 1, 1993, the amendment, except for any portion containing rates

of payment, shall be open to inspection one year after it is 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 Bureau of State Audits. The Joint Legislative

Audit Committee and the Bureau of State Audits shall maintain the

confidentiality of the contracts and amendments until the contract or

amendment is fully open to inspection by the public.

It is the intent of the Legislature that confidentiality of health

care provider contracts, and of the contracting process as provided

in this subdivision, is intended to protect the competitive nature of

the negotiation process, and shall not affect public access to other

information relating to the delivery of health care services.

(b) The inspection authority and confidentiality requirements

established in subdivisions (q), (v), and (w) of Section 6254 for the

Legislative Audit Committee shall also apply to the Bureau of State

Audits.

 

6254.15. Nothing in this chapter shall be construed to require the

disclosure of records that are any of the following: corporate

financial records, corporate proprietary information including trade

secrets, and information relating to siting within the state

furnished to a government agency by a private company for the purpose

of permitting the agency to work with the company in retaining,

locating, or expanding a facility within California. Except as

provided below, incentives offered by state or local government

agencies, if any, shall be disclosed upon communication to the agency

or the public of a decision to stay, locate, relocate, or expand, by

a company, or upon application by that company to a governmental

agency for a general plan amendment, rezone, use permit, building

permit, or any other permit, whichever occurs first.

The agency shall delete, prior to disclosure to the public,

information that is exempt pursuant to this section from any record

describing state or local incentives offered by an agency to a

private business to retain, locate, relocate, or expand the business

within California.

 

6254.16. Nothing in this chapter shall be construed to require the

disclosure of the name, credit history, utility usage data, home

address, or telephone number of utility customers of local agencies,

except that disclosure of name, utility usage data, and the home

address of utility customers of local agencies shall be made

available upon request as follows:

(a) To an agent or authorized family member of the person to whom

the information pertains.

(b) To an officer or employee of another governmental agency when

necessary for the performance of its official duties.

(c) Upon court order or the request of a law enforcement agency

relative to an ongoing investigation.

(d) Upon determination by the local agency that the utility

customer who is the subject of the request has used utility services

in a manner inconsistent with applicable local utility usage

policies.

(e) Upon determination by the local agency that the utility

customer who is the subject of the request is an elected or appointed

official with authority to determine the utility usage policies of

the local agency, provided that the home address of an appointed

official shall not be disclosed without his or her consent.

(f) Upon determination by the local agency that the public

interest in disclosure of the information clearly outweighs the

public interest in nondisclosure.

 

6254.17. (a) Nothing in this chapter shall be construed to require

disclosure of records of the California Victim Compensation and

Government Claims Board that relate to a request for assistance under

Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of

Division 3 of Title 2.

(b) This section shall not apply to a disclosure of the following

information, if no information is disclosed that connects the

information to a specific victim, derivative victim, or applicant

under Article 1 (commencing with Section 13950) of Chapter 5 of Part

4 of Division 3 of Title 2:

(1) The amount of money paid to a specific provider of services.

(2) Summary data concerning the types of crimes for which

assistance is provided.

 

6254.18. (a) Nothing in this chapter shall be construed to require

disclosure of any personal information received, collected, or

compiled by a public agency regarding the employees, volunteers,

board members, owners, partners, officers, or contractors of a

reproductive health services facility who have notified the public

agency pursuant to subdivision (d) if the personal information is

contained in a document that relates to the facility.

(b) For purposes of this section, the following terms have the

following meanings:

(1) "Contractor" means an individual or entity that contracts with

a reproductive health services facility for services related to

patient care.

(2) "Personal information" means the following information related

to an individual that is maintained by a public agency: social

security number, physical description, home address, home telephone

number, statements of personal worth or personal financial data filed

pursuant to subdivision (n) of Section 6254, personal medical

history, employment history, electronic mail address, and information

that reveals any electronic network location or identity.

(3) "Public agency" means all of the following:

(A) The State Department of Health Services.

(B) The Department of Consumer Affairs.

(C) The Department of Managed Health Care.

(4) "Reproductive health services facility" means the office of a

licensed physician and surgeon whose specialty is family practice,

obstetrics, or gynecology, or a licensed clinic, where at least 50

percent of the patients of the physician or the clinic are provided

with family planning or abortion services.

(c) Any person may institute proceedings for injunctive or

declarative relief or writ of mandate in any court of competent

jurisdiction to obtain access to employment history information

pursuant to Sections 6258 and 6259. If the court finds, based on the

facts of a particular case, that the public interest served by

disclosure of employment history information clearly outweighs the

public interest served by not disclosing the information, the court

shall order the officer or person charged with withholding the

information to disclose employment history information or show cause

why he or she should not do so pursuant to Section 6259.

(d) In order for this section to apply to an individual who is an

employee, volunteer, board member, officer, or contractor of a

reproductive health services facility, the individual shall notify

the public agency to which his or her personal information is being

submitted or has been submitted that he or she falls within the

application of this section. The reproductive health services

facility shall retain a copy of all notifications submitted pursuant

to this section. This notification shall be valid if it complies

with all of the following:

(1) Is on the official letterhead of the facility.

(2) Is clearly separate from any other language present on the

same page and is executed by a signature that serves no other purpose

than to execute the notification.

(3) Is signed and dated by both of the following:

(A) The individual whose information is being submitted.

(B) The executive officer or his or her designee of the

reproductive health services facility.

(e) The privacy protections for personal information authorized

pursuant to this section shall be effective from the time of

notification pursuant to subdivision (d) until either one of the

following occurs:

(1) Six months after the date of separation from a reproductive

health services facility for an individual who has served for not

more than one year as an employee, contractor, volunteer, board

member, or officer of the reproductive health services facility.

(2) One year after the date of separation from a reproductive

health services facility for an individual who has served for more

than one year as an employee, contractor, volunteer, board member, or

officer of the reproductive health services facility.

(f) Within 90 days of separation of an employee, contractor,

volunteer, board member, or officer of the reproductive health

services facility who has provided notice to a public agency pursuant

to subdivision (c), the facility shall provide notice of the

separation to the relevant agency or agencies.

(g) Nothing in this section shall prevent the disclosure by a

government agency of data regarding age, race, ethnicity, national

origin, or gender of individuals whose personal information is

protected pursuant to this section, so long as the data contains no

individually identifiable information.

 

6254.18. (a) Nothing in this chapter shall be construed to require

disclosure of any personal information received, collected, or

compiled by a public agency regarding the employees, volunteers,

board members, owners, partners, officers, or contractors of a

reproductive health services facility who have notified the public

agency pursuant to subdivision (d) if the personal information is

contained in a document that relates to the facility.

(b) For purposes of this section, the following terms have the

following meanings:

(1) "Contractor" means an individual or entity that contracts with

a reproductive health services facility for services related to

patient care.

(2) "Personal information" means the following information related

to an individual that is maintained by a public agency: social

security number, physical description, home address, home telephone

number, statements of personal worth or personal financial data filed

pursuant to subdivision (n) of Section 6254, personal medical

history, employment history, electronic mail address, and information

that reveals any electronic network location or identity.

(3) "Public agency" means all of the following:

(A) The State Department of Health Care Services.

(B) The Department of Consumer Affairs.

(C) The Department of Managed Health Care.

(D) The State Department of Public Health.

(4) "Reproductive health services facility" means the office of a

licensed physician and surgeon whose specialty is family practice,

obstetrics, or gynecology, or a licensed clinic, where at least 50

percent of the patients of the physician or the clinic are provided

with family planning or abortion services.

(c) Any person may institute proceedings for injunctive or

declarative relief or writ of mandate in any court of competent

jurisdiction to obtain access to employment history information

pursuant to Sections 6258 and 6259. If the court finds, based on the

facts of a particular case, that the public interest served by

disclosure of employment history information clearly outweighs the

public interest served by not disclosing the information, the court

shall order the officer or person charged with withholding the

information to disclose employment history information or show cause

why he or she should not do so pursuant to Section 6259.

(d) In order for this section to apply to an individual who is an

employee, volunteer, board member, officer, or contractor of a

reproductive health services facility, the individual shall notify

the public agency to which his or her personal information is being

submitted or has been submitted that he or she falls within the

application of this section. The reproductive health services

facility shall retain a copy of all notifications submitted pursuant

to this section. This notification shall be valid if it complies with

all of the following:

(1) Is on the official letterhead of the facility.

(2) Is clearly separate from any other language present on the

same page and is executed by a signature that serves no other purpose

than to execute the notification.

(3) Is signed and dated by both of the following:

(A) The individual whose information is being submitted.

(B) The executive officer or his or her designee of the

reproductive health services facility.

(e) The privacy protections for personal information authorized

pursuant to this section shall be effective from the time of

notification pursuant to subdivision (d) until either one of the

following occurs:

(1) Six months after the date of separation from a reproductive

health services facility for an individual who has served for not

more than one year as an employee, contractor, volunteer, board

member, or officer of the reproductive health services facility.

(2) One year after the date of separation from a reproductive

health services facility for an individual who has served for more

than one year as an employee, contractor, volunteer, board member, or

officer of the reproductive health services facility.

(f) Within 90 days of separation of an employee, contractor,

volunteer, board member, or officer of the reproductive health

services facility who has provided notice to a public agency pursuant

to subdivision (c), the facility shall provide notice of the

separation to the relevant agency or agencies.

(g) Nothing in this section shall prevent the disclosure by a

government agency of data regarding age, race, ethnicity, national

origin, or gender of individuals whose personal information is

protected pursuant to this section, so long as the data contains no

individually identifiable information.

 

6254.20. Nothing in this chapter shall be construed to require the

disclosure of records that relate to electronically collected

personal information, as defined by Section 11015.5, received,

collected, or compiled by a state agency.

 

6254.21. (a) No state or local agency shall post the home address

or telephone number of any elected or appointed official on the

Internet without first obtaining the written permission of that

individual.

(b) No person shall knowingly post the home address or telephone

number of any elected or appointed official, or of the official's

residing spouse or child on the Internet knowing that person is an

elected or appointed official and intending to cause imminent great

bodily harm that is likely to occur or threatening to cause imminent

great bodily harm to that individual. A violation of this subdivision

is a misdemeanor. A violation of this subdivision that leads to the

bodily injury of the official, or his or her residing spouse or

child, is a misdemeanor or a felony.

(c) (1) No person, business, or association shall publicly post or

publicly display on the Internet the home address or telephone

number of any elected or appointed official if that official has made

a written demand of that person, business, or association to not

disclose his or her home address or telephone number. A written

demand made under this paragraph by a state constitutional officer, a

mayor, or a Member of the Legislature, a city council, or a board of

supervisors shall include a statement describing a threat or fear

for the safety of that official or of any person residing at the

official's home address. A written demand made under this paragraph

by an elected official shall be effective for four years, regardless

of whether or not the official's term has expired prior to the end of

the four-year period. For this purpose, "publicly post" or "publicly

display" means to intentionally communicate or otherwise make

available to the general public.

(2) An official whose home address or telephone number is made

public as a result of a violation of paragraph (1) may bring an

action seeking injunctive or declarative relief in any court of

competent jurisdiction. If a jury or court finds that a violation has

occurred, it may grant injunctive or declarative relief and shall

award the official court costs and reasonable attorney's fees.

(d) (1) No person, business, or association shall solicit, sell,

or trade on the Internet the home address or telephone number of an

elected or appointed official with the intent to cause imminent great

bodily harm to the official or to any person residing at the

official's home address.

(2) Notwithstanding any other provision of law, an official whose

home address or telephone number is solicited, sold, or traded in

violation of paragraph (1) may bring an action in any court of

competent jurisdiction. If a jury or court finds that a violation has

occurred, it shall award damages to that official in an amount up to

a maximum of three times the actual damages but in no case less than

four thousand dollars ($4,000).

(e) An interactive computer service or access software provider,

as defined in Section 230(f) of Title 47 of the United States Code,

shall not be liable under this section unless the service or provider

intends to abet or cause imminent great bodily harm that is likely

to occur or threatens to cause imminent great bodily harm to an

elected or appointed official.

(f) For purposes of this section, "elected or appointed official"

includes, but is not limited to, all of the following:

(1) State constitutional officers.

(2) Members of the Legislature.

(3) Judges and court commissioners.

(4) District attorneys.

(5) Public defenders.

(6) Members of a city council.

(7) Members of a board of supervisors.

(8) Appointees of the Governor.

(9) Appointees of the Legislature.

(10) Mayors.

(11) City attorneys.

(12) Police chiefs and sheriffs.

(13) A public safety official as defined in Section 6254.24.

(14) State administrative law judges.

(15) Federal judges and federal defenders.

(16) Members of the United States Congress and appointees of the

President.

(g) Nothing in this section is intended to preclude punishment

instead under Sections 69, 76, or 422 of the Penal Code, or any other

provision of law.

 

6254.22. Nothing in this chapter or any other provision of law

shall require the disclosure of records of a health plan that is

licensed pursuant to the Knox-Keene Health Care Service Plan Act of

1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the

Health and Safety Code) and that is governed by a county board of

supervisors, whether paper records, records maintained in the

management information system, or records in any other form, that

relate to provider rate or payment determinations, allocation or

distribution methodologies for provider payments, formulae or

calculations for these payments, and contract negotiations with

providers of health care for alternative rates for a period of three

years after the contract is fully executed. The transmission of the

records, or the information contained therein in an alternative form,

to the board of supervisors shall not constitute a waiver of

exemption from disclosure, and the records and information once

transmitted to the board of supervisors shall be subject to this same

exemption. The provisions of this section shall not prevent access

to any records by the Joint Legislative Audit Committee in the

exercise of its powers pursuant to Article 1 (commencing with Section

10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The

provisions of this section also shall not prevent access to any

records by the Department of Corporations in the exercise of its

powers pursuant to Article 1 (commencing with Section 1340) of

Chapter 2.2 of Division 2 of the Health and Safety Code.

 

6254.23. Nothing in this chapter or any other provision of law

shall require the disclosure of a risk assessment or railroad

infrastructure protection program filed with the Public Utilities

Commission, the Director of Homeland Security, and the Office of

Emergency Services pursuant to Article 7.3 (commencing with Section

7665) of Chapter 1 of Division 4 of the Public Utilities Code.

 

6254.25. Nothing in this chapter or any other provision of law

shall require the disclosure of a memorandum submitted to a state

body or to the legislative body of a local agency by its legal

counsel pursuant to subdivision (q) of Section 11126 or Section

54956.9 until the pending litigation has been finally adjudicated or

otherwise settled. The memorandum shall be protected by the attorney

work-product privilege until the pending litigation has been finally

adjudicated or otherwise settled.

 

6254.26. (a) Notwithstanding any provision of this chapter or other

law, the following records regarding alternative investments in

which public investment funds invest shall not be subject to

disclosure pursuant to this chapter, unless the information has

already been publicly released by the keeper of the information:

(1) Due diligence materials that are proprietary to the public

investment fund or the alternative investment vehicle.

(2) Quarterly and annual financial statements of alternative

investment vehicles.

(3) Meeting materials of alternative investment vehicles.

(4) Records containing information regarding the portfolio

positions in which alternative investment funds invest.

(5) Capital call and distribution notices.

(6) Alternative investment agreements and all related documents.

(b) Notwithstanding subdivision (a), the following information

contained in records described in subdivision (a) regarding

alternative investments in which public investment funds invest shall

be subject to disclosure pursuant to this chapter and shall not be

considered a trade secret exempt from disclosure:

(1) The name, address, and vintage year of each alternative

investment vehicle.

(2) The dollar amount of the commitment made to each alternative

investment vehicle by the public investment fund since inception.

(3) The dollar amount of cash contributions made by the public

investment fund to each alternative investment vehicle since

inception.

(4) The dollar amount, on a fiscal yearend basis, of cash

distributions received by the public investment fund from each

alternative investment vehicle.

(5) The dollar amount, on a fiscal yearend basis, of cash

distributions received by the public investment fund plus remaining

value of partnership assets attributable to the public investment

fund's investment in each alternative investment vehicle.

(6) The net internal rate of return of each alternative investment

vehicle since inception.

(7) The investment multiple of each alternative investment vehicle

since inception.

(8) The dollar amount of the total management fees and costs paid

on an annual fiscal yearend basis, by the public investment fund to

each alternative investment vehicle.

(9) The dollar amount of cash profit received by public investment

funds from each alternative investment vehicle on a fiscal year-end

basis.

(c) For purposes of this section, the following definitions shall

apply:

(1) "Alternative investment" means an investment in a private

equity fund, venture fund, hedge fund, or absolute return fund.

(2) "Alternative investment vehicle" means the limited

partnership, limited liability company, or similar legal structure

through which the public investment fund invests in portfolio

companies.

(3) "Portfolio positions" means individual portfolio investments

made by the alternative investment vehicles.

(4) "Public investment fund" means any public pension or

retirement system, and any public endowment or foundation.

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