# GOVERNMENT CODE

SECTION 6250

- 6270

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 l aw 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 subdivis ions (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) "Pe rson" 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 p repared 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 a ny 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 defini tion 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 limitthe ability of elect ed 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 chi ld

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 l aw 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) Publi c 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 mor e 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 sectio n, "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 th at are separate from theoffice 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 sh all 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 pu blic 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 obt ain 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 th e 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 record s 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 req uirements 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 reques ted 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.

625 3.2. (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 theWelfare 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 n ames, 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, representati on, 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 unde r 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 revie w, 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 conspicuou s 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 Tran sportation

Department of Real Estate

Department of Corrections

Department of the Youth Authority

Department of Justice

Department of InsuranceDepartment 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 Stat ewide 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

Californi a 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

Gol den 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 section s 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 a s 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 4 6 (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 re cords 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 b e 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 whichsignatures 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 prop osing 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 o f 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 pursu ant 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 p ersons

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 bedisplayed 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 Januar y 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 en forcement 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 implementatio n 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 chap ter 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 f ormat 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 re cord,

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 a gency 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 e lectronicformat, 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 availa ble 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 secu rity 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 re tained 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 unwa rranted 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, includin g, 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 i n

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 comp laints 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 loca l 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 Sectio n 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 t he 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 occupatio n 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

juri sdictions 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 res ponse 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 f actual 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 Novemb er 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 ofthis paragraph.

(3) Subject to the restrictions of Section 841.5 of the Penal Co de

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, politica l, 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 th e 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 pursu ant 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 en gineering 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 contr act 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 info rmation 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 prohibit ed

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,

ex cept 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 datarequired 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 S mall

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 s ubject 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 emp loyee 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

1 4089) 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, impr essions,

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 inpati ent 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 Ap ril 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 Of fice. 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 sacredplaces 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 Sect ion 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 h ome 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 b y 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 Sect ion 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 t raining 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 Secti on 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 inspect ion 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 emplo yees.

(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, 199 3, 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 commit tee 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

regist ration 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 (commencin g 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 I nsurance 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 contra ct

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 commit tee 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 contr acts,

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 Divisio n 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 attac k 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, t hat 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 sub mitted 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 governmen tal 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 anyother portion of the negotiations wi th 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, wor k 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

Divisio n 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, poli cyholder 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 o n 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 o f

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 cor respondence 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 requ est 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 De partment 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

am ended, 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 toinspection 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 conf identiality 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 entiti es 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 sectio n 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 re cords 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 C ode.

(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 re quires 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 discl osable 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 com ment 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

justif ication 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 a fter 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 o f 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

a vailable 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 bec ome

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 r egistrant 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 i n 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 th e 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 62 54.2 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 busi ness 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 pen alties 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 R equester's

Organization

________________________ _________________________ Signature of Requester Address of Requester

_________ ______________ _________________________ Date Request No. Telephone Number of

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 o r 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 th e 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 appli es 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

pro hibited 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 secret s.

(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 nu mbers 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 a gent, 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 em ployee 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 telephon e 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 emplo yee.

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 r egistered 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 anyperson.

6254.5. Notwithstanding any other provisions of the law, whenever a

state or local agency discloses a public record wh ich 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 me mber, 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

wit h 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 exis ting 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 a ffiliate.

(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 i f 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 Depar tment 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 ac tion, 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 i dentity ofprivate 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 specificatio ns

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 ot her

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 oth er 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 regulatio ns 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 co mmercial 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 provision of law, all air pollution

emission data, including those emission data which consti tute trade

secrets as defined in subdivision (d), are public records. Data used

to calculate emission data are not emission data for the purposes of

this subdivision and data which constitute trade secrets and which

are used to calculate emission data are not public records.

(f) Data used to calculate the costs of obtaining emissions

offsets are not public records. At the time that an air pollution

control district or air quality management district issues a permit

to construct to an applicant who is req uired to obtain offsets

pursuant to district rules and regulations, data obtained from the

applicant consisting of the year the offset transaction occurred, the

amount of offsets purchased, by pollutant, and the total cost, by

pollutant, of the offsets pur chased is a public record. If an

application is denied, the data shall not be a public record.

6254.8. Every employment contract between a state or local agency

and any public official or public employee is a public record which

is not subject to the provisions of Sections 6254 and 6255.6254.9. (a) Computer software developed by a state or local agency

is not itself a public record under this chapter. The agency may

sell, lease, or license the software for commercial or nonco mmercial

use.

(b) As used in this section, "computer software" includes computer

mapping systems, computer programs, and computer graphics systems.

(c) This section shall not be construed to create an implied

warranty on the part of the State of Cali fornia or any local agency

for errors, omissions, or other defects in any computer software as

provided pursuant to this section.

(d) Nothing in this section is intended to affect the public

record status of information merely because it is stored in a

computer. Public records stored in a computer shall be disclosed as

required by this chapter.

(e) Nothing in this section is intended to limit any copyright

protections.

6254.10. Nothing in this chapter requires disclosure of records

that relate to a rchaeological 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.

6254.12. Any information reported to the North American Sec urities

Administrators Association/National Association of Securities Dealers'

Central Registration Depository and compiled as disciplinary records

which are made available to the Department of Corporations through a

computer system, shall constitute a pub lic record. Notwithstanding

any other provision of law, the Department of Corporations may

disclose that information and the current license status and the year

of issuance of the license of a broker

- dealer upon written or oral

request pursuant to Section 25247 of the Corporations Code.

6254.13. Notwithstanding Section 6254, upon the request of any

Member of the Legislature or upon request of the Governor or his or

her designee, test questions or materials that would be used to

administer an examination and are provided by the State Department of

Education and administered as part of a statewide testing program of

pupils enrolled in the public schools shall be disclosed to the

requester. These questions or materials may not include an individual

examination that has been administered to a pupil and scored. Therequester may not take physical possession of the questions or

materials, but may view the questions or materials at a location

selected by the department. Upon viewing this information, the

requester shall keep the materials that he or she has seen

confidential.

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 and Rehab ilitation 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 suc h 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 and Rehabilitation or the California Medical

Assistance Commission on or after July 1, 1993, shall be open to

inspection o ne 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 ins pection

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 mai ntain 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 proce ss 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 conf identiality requirements

established in subdivisions (q), (v), and (y) 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 r ecords 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 permi tting 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, bya 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 busin ess

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 na me, 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 empl oyee 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 u tility

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 con sent.

(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 recor ds 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 disclosur e 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 a mount 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 recei ved, 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 reveal s 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 outweig hs 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 Sectio n 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 in formation 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 b e 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 protecti ons 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 reproduct ive

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, contracto r,

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) Nothi ng 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

indiv idually identifiable information.

6254.19. Nothing in this chapter shall be construed to require the

disclosure of an information security record of a public agency, if,

on the facts of the particular case, disclosure of that record would

reveal vulner abilities to, or otherwise increase the potential for an

attack on, an information technology system of a public agency.

Nothing in this section shall be construed to limit public disclosure

of records stored within an information technology system of a

pu blic agency that are not otherwise exempt from disclosure pursuant

to this chapter or any other provision of law.

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 f irst 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 subdivi sion 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) (A) No person, business, or association shall publicly

post or publicly display on the Internet the home address or

telep hone 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 telephonenumber.

(B) 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.

(C ) 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.

(D) (i) A person, business, or association that receives the

written demand of an elected or appointed official pursuant to this

paragraph shall remove the official's home address or telephone

number from public display on the Internet, including information

provided to cellular telephone applications, within 48 hours of

delivery of the written demand, and shall continue to ensure that

this information is not reposted on the same Internet Web site,

subsidiary site, or any other Internet Web site maintained by the

recipient of the written demand.

(ii) After receiving the elected or appointed official's written

demand, the person, business, or association shall not transfer the

appointed or elected official's home address or telephone number to

any other person, business, or association through any othe r medium.

(iii) Clause (ii) shall not be deemed to prohibit a telephone

corporation, as defined in Section 234 of the Public Utilities Code,

or its affiliate, from transferring the elected or appointed official'

s home address or telephone number to any person, business, or

association, if the transfer is authorized by federal or state law,

regulation, order, or tariff, or necessary in the event of an

emergency, or to collect a debt owed by the elected or appointed

official to the telephone corporation or its affiliate.

(E) For purposes of this paragraph, "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 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. A fine

not exceeding one thousand dollars ($1,000) may be imposed for a

violation of the court's order for an injunction or declarative

relief obtained pursuant to this paragraph.

(3) An elected or appointed official may designate in writing the

official's employer, a related governmental entity, or any voluntary

professional association of similar officials to act, on behalf of

that official, as that official's a gent with regard to making a

written demand pursuant to this section. A written demand made by an

agent pursuant to this paragraph shall include a statement describing

a threat or fear for the safety of that official or of any person

residing at the offici al's home address.

(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 law, an official whose home addressor 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 comp uter 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) M embers 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 Le gislature.

(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 o f 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 transmiss ion 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 s ubject 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 Div ision 2 of Title 2. Theprovisions 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

Comm ission, the Director of Homeland Security, and the California

Emergency Management Agency pursuant to Article 7.3 (commencing with

Section 7665) of Chapter 1 of Division 4 of the Public Utilities

Code.

6254.24. As used in this chapter, "public safety of ficial" means

the following parties, whether active or retired:

(a) A peace officer as defined in Sections 830 to 830.65,

inclusive, of the Penal Code, or a person who is not a peace officer,

but may exercise the powers of arrest during the course and w ithin

the scope of their employment pursuant to Section 830.7 of the Penal

Code.

(b) A public officer or other person listed in Sections 1808.2 and

1808.6 of the Vehicle Code.

(c) An "elected or appointed official" as defined in subdivision

(f) of Se ction 6254.21.

(d) An attorney employed by the Department of Justice, the State

Public Defender, or a county office of the district attorney or

public defender, the United States Attorney, or the Federal Public

Defender.

(e) A city attorney and an at torney who represent cities in

criminal matters.

(f) An employee of the Department of Corrections and

Rehabilitation who supervises inmates or is required to have a

prisoner in his or her care or custody.

(g) A sworn or nonsworn employee who supervises inmates in a city

police department, a county sheriff's office, the Department of the

California Highway Patrol, federal, state, or a local detention

facility, and a local juvenile hall, camp, ranch, or home, and a

probation officer as defined in Section 830.5 of the Penal Code.

(h) A federal prosecutor, a federal criminal investigator, and a

National Park Service Ranger working in California.

(i) The surviving spouse or child of a peace officer defined in

Section 830 of the Penal Code, if the peace officer died in the line

of duty.

(j) State and federal judges and court commissioners.

(k) An employee of the Attorney General, a district attorney, or a

public defender who submits verification from th e Attorney General,

district attorney, or public defender that the employee represents

the Attorney General, district attorney, or public defender in

matters that routinely place that employee in personal contact with

persons under investigation for, charg ed with, or convicted of,

committing criminal acts.

(l) A nonsworn employee of the Department of Justice or a police

department or sheriff's office that, in the course of his or her

employment, is responsible for collecting, documenting, andpreserving physical evidence at crime scenes, testifying in court as

an expert witness, and other technical duties, and a nonsworn

employee that, in the course of his or her employment, performs a

variety of standardized and advanced laboratory procedures in the

examination of physical crime evidence, determines their results, and

provides expert testimony in court.

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 le gislative 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

- pro duct 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 f unds 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 al ternative 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) Th e 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 m ade 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 ne t 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 fisca l 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 limi ted

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.

6254.27. Nothing in this chapter shall be construed to require the

disclosure by a county recorder of any "official record" if a "pu blic

record" version of that record is available pursuant to Article 3.5

(commencing with Section 27300) of Chapter 6 of Part 3 of Division 2

of Title 3.

6254.28. Nothing in this chapter shall be construed to require the

disclosure by a filing office of any "official record" if a "public

record" version of that record is available pursuant to Section

9526.5 of the Commercial Code.

6254.29. (a) It is the intent of the Legislature that, in order to

protect against the risk of identity theft, local agencies shall

redact social security numbers from records before disclosing them to

the public pursuant to this chapter.

(b) Nothing in this chapter shall be construed to require a local

agency to discl ose a social security number.

(c) This section shall not apply to records maintained by a county

recorder.

6255. (a) The agency shall justify withholding any record by

demonstrating that the record in question is exempt under express

provisions of t his chapter or that on the facts of the particular

case the public interest served by not disclosing the record clearly

outweighs the public interest served by disclosure of the record.

(b) A response to a written request for inspection or copies of

pub lic records that includes a determination that the request is

denied, in whole or in part, shall be in writing.

6257.5. This chapter does not allow limitations on access to apublic record based upon the purpose for which the record is being

requested, if the record is otherwise subject to disclosure.

6258. Any person may institute proceedings for injunctive or

declarative relief or writ of mandate in any court of competent

jurisdiction to enforce his or her right to inspect or to receive a

copy of any public record or class of public records under this

chapter. The times for responsive pleadings and for hearings in these

proceedings shall be set by the judge of the court with the object

of securing a decision as to these matters at the earli est possible

time.

6259. (a) Whenever it is made to appear by verified petition to the

superior court of the county where the records or some part thereof

are situated that certain public records are being improperly

withheld from a member of the public , the court shall order the

officer or person charged with withholding the records to disclose

the public record or show cause why he or she should not do so. The

court shall decide the case after examining the record in camera, if

permitted by subdivision (b) of Section 915 of the Evidence Code,

papers filed by the parties and any oral argument and additional

evidence as the court may allow.

(b) If the court finds that the public official's decision to

refuse disclosure is not justified under Section 62 54 or 6255, he or

she shall order the public official to make the record public. If the

judge determines that the public official was justified in refusing

to make the record public, he or she shall return the item to the

public official without disclosing its content with an order

supporting the decision refusing disclosure.

(c) In an action filed on or after January 1, 1991, an order of

the court, either directing disclosure by a public official or

supporting the decision of the public official refusin g disclosure,

is not a final judgment or order within the meaning of Section 904.1

of the Code of Civil Procedure from which an appeal may be taken, but

shall be immediately reviewable by petition to the appellate court

for the issuance of an extraordinary writ. Upon entry of any order

pursuant to this section, a party shall, in order to obtain review of

the order, file a petition within 20 days after service upon him or

her of a written notice of entry of the order, or w ithin such further

time not exceeding an additional 20 days as the trial court may for

good cause allow. If the notice is served by mail, the period within

which to file the petition shall be increased by five days. A stay of

an order or judgment shall not be granted unless the petitioning

party demonstrates it will otherwise sustain irreparable damage and

probable success on the merits. Any person who fails to obey the

order of the court shall be cited to show cause why he or she is not

in contempt of cour t.

(d) The court shall award court costs and reasonable attorney fees

to the plaintiff should the plaintiff prevail in litigation filed

pursuant to this section. The costs and fees shall be paid by the

public agency of which the public official is a mem ber or employee

and shall not become a personal liability of the public official. If

the court finds that the plaintiff's case is clearly frivolous, it

shall award court costs and reasonable attorney fees to the publicagency.

6260. The provisions of t his chapter shall not be deemed in any

manner to affect the status of judicial records as it existed

immediately prior to the effective date of this section, nor to

affect the rights of litigants, including parties to administrative

proceedings, under the laws of discovery of this state, nor to limit

or impair any rights of discovery in a criminal case.

6261. Notwithstanding Section 6252, an itemized statement of the

total expenditures and disbursement of any agency provided for i n

Article VI of the California Constitution shall be open for

inspection.

6262. The exemption of records of complaints to, or investigations

conducted by, any state or local agency for licensing purposes under

subdivision (f) of Section 6254 shall not a pply when a request for

inspection of such records is made by a district attorney.

6263. A state or local agency shall allow an inspection or copying

of any public record or class of public records not exempted by this

chapter when requested by a distr ict attorney.

6264. The district attorney may petition a court of competent

jurisdiction to require a state or local agency to allow him to

inspect or receive a copy of any public record or class of public

records not exempted by this chapter when the agency fails or refuses

to allow inspection or copying within 10 working days of a request.

The court may require a public agency to permit inspection or copying

by the district attorney unless the public interest or good cause in

withholding such records clearly outweighs the public interest in

disclosure.

6265. Disclosure of records to a district attorney under the

provisions of this chapter shall effect no change in the status of

the records under any other provision of law.

6267. All registration and circulation records of any library which

is in whole or in part supported by public funds shall remain

confidential and shall not be disclosed to any person, local agency,

or state agency except as follows:

(a) By a person acting within the scope of his or her duties

within the administration of the library.

(b) By a person authorized, in writing, by the individual to whom

the records pertain, to inspect the records.(c) By order of the appropriate superior court.

A s used in this section, the term "registration records" includes

any information which a library requires a patron to provide in order

to become eligible to borrow books and other materials, and the term

"circulation records" includes any information which identifies the

patrons borrowing particular books and other material.

This section shall not apply to statistical reports of

registration and circulation nor to records of fines collected by the

library.

6268. Public records, as defined in Section 6252, in the custody or

control of the Governor when he or she leaves office, either

voluntarily or involuntarily, shall, as soon as is practical, be

transferred to the State Archives. Notwithstanding any other

provisi on of law, the Governor, by written instrument, the terms of

which shall be made public, may restrict public access to any of the

transferred public records, or any other writings he or she may

transfer, which have not already been made accessible to the p ublic.

With respect to public records, public access, as otherwise provided

for by this chapter, shall not be restricted for a period greater

than 50 years or the death of the Governor, whichever is later, nor

shall there be any restriction whatsoever with respect to enrolled

bill files, press releases, speech files, or writings relating to

applications for clemency or extradition in cases which have been

closed for a period of at least 25 years. Subject to any restrictions

permitted by this section, the Se cretary of State, as custodian of

the State Archives, shall make all such public records and other

writings available to the public as otherwise provided for in this

chapter.

Except as to enrolled bill files, press releases, speech files, or

writings re lating to applications for clemency or extradition, this

section shall not apply to public records or other writings in the

direct custody or control of any Governor who held office between

1974 and 1988 at the time of leaving office, except to the extent

that that Governor may voluntarily transfer those records or other

writings to the State Archives.

Notwithstanding any other provision of law, the public records and

other writings of any Governor who held office between 1974 and 1988

may be transferred to any educational or research institution in

California provided that with respect to public records, public

access, as otherwise provided for by this chapter, shall not be

restricted for a period greater than 50 years or the death of t he

Governor, whichever is later. No records or writings may be

transferred pursuant to this paragraph unless the institution

receiving them agrees to maintain, and does maintain, the materials

according to commonly accepted archival standards. No public re cords

transferred shall be destroyed by that institution without first

receiving the written approval of the Secretary of State, as

custodian of the State Archives, who may require that the records be

placed in the State Archives rather than being destroye d. An

institution receiving those records or writings shall allow the

Secretary of State, as custodian of the State Archives, to copy, at

state expense, and to make available to the public, any and all

public records, and inventories, indices, or finding a ids relating to

those records, which the institution makes available to the publicgenerally. Copies of those records in the custody of the State

Archives shall be given the same legal effect as is given to the

originals.

6270. (a) Notwithstanding any o ther provision of law, no state or

local agency shall sell, exchange, furnish, or otherwise provide a

public record subject to disclosure pursuant to this chapter to a

private entity in a manner that prevents a state or local agency from

providing the record directly pursuant to this chapter. Nothing in

this section requires a state or local agency to use the State

Printer to print public records. Nothing in this section prevents the

destruction of records pursuant to law.

(b) This sect ion shall not apply to contracts entered into prior

to January 1, 1996, between the County of Santa Clara and a private

entity for the provision of public records subject to disclosure

under this chapter.