Bill Text: CA SB441 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Public Records Act: exemptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-22 - Chaptered by Secretary of State. Chapter 477, Statutes of 2016. [SB441 Detail]

Download: California-2015-SB441-Amended.html

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BILL NUMBER: SB 441	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 22, 2016
	AMENDED IN ASSEMBLY  JUNE 9, 2016
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Wolk

                        FEBRUARY 25, 2015

   An act to add Section 6254.33 to the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 441, as amended, Wolk. California Public Records Act:
exemptions.
   (1) The California Public Records Act requires that public records
be open to inspection at all times during the office hours of a
public agency, defined as any state or local agency, and that every
person has a right to inspect any public record, except as
specifically provided. The act further requires that a reasonably
segregable portion of a public record be available for inspection by
any person requesting the public record after deletion of the
portions that are exempted by law.
   This bill would  prohibit   exempt from 
disclosure  of  any identification number,
alphanumeric character, or other unique identifying code used by a
public agency to identify a vendor or contractor, or an affiliate of
a vendor or  contractor.   contractor, unless
the identification number, alphanumeric character, or other unique
identifying code is used in a public bidding or an audit involving
the public agency. 
   (2) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   This bill would make legislative findings to that effect.
   (3) The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.
   This bill would make legislative findings to that effect. 

   (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement. 
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6254.33 is added to the Government Code, to
read:
   6254.33.   Any   Nothing in this chapter
shall require the disclosure of an  identification number,
alphanumeric character, or other unique identifying code 
used by   that  a public agency  uses  to
identify a vendor or contractor, or an affiliate of a vendor or
contractor,  is confidential and shall not be disclosed
pursuant to this chapter or any other state law.  
unless the identification number, alphanumeric character, or other
unique identifying code is used in a public bidding or an audit
involving the public agency. 
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which adds Section 6254.33 to the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
   This act balances the right of the public to access relevant
information about contractors, vendors, and their affiliates hired by
public agencies while preventing the misuse of identification
information employed by those agencies that could be used to defraud
public agencies.
  SEC. 3.  The Legislature finds and declares that Section 1 of this
act, which adds Section 6254.33 to the Government Code, furthers,
within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that
constitutional section as it relates to the right of public access to
the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
   This act balances the right of the public to access relevant
information about contractors, vendors, and their affiliates hired by
local agencies while preventing the misuse of identification
information employed by those local agencies that may be used to
defraud those local agencies. 
  SEC. 4.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district under this act would result from a
legislative mandate that is within the scope of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution.