🚀 go-pugleaf

Brad (Lis1@cris.com) wrote:
: 
: Money flow into the city government can be found out via the city ethnics
: office. State lobbyist info is available under the California Public
: Records Act (which also applies to the city/county gov't).

CALIFORNIA CODES
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) "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.
   (b) "Local agency" includes a county; city, whether general law or
chartered; city and county; school district; municipal corporation;
district; political subdivision; or any board, commission or agency
thereof; other local public agency; or nonprofit organizations of
local governmental agencies and officials which are supported solely
by public funds.
   (c) "Person" includes any natural person, corporation,
partnership, limited liability company, firm, or association.
   (d) "Public records" includes any writing containing information
relating to the conduct of the public's business prepared, owned,
used, or retained by any state or local agency regardless of physical
form or characteristics.  "Public records" in the custody of, or
maintained by, the Governor's office means any writing prepared on or
after January 6, 1975.
   (e) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording upon
any form of communication or representation, including letters,
words, pictures, sounds, or symbols, or combination thereof, and all
papers, maps, magnetic or paper tapes, photographic films and prints,
magnetic or punched cards, discs, drums, and other documents.
   (f) "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.


6253.  (a) Public records are open to inspection at all times during
the office hours of the state or local agency and every person has a
right to inspect any public record, except as hereafter provided.
Every agency may adopt regulations stating the procedures to be
followed when making its records available in accordance with this
section.
   The following state and local bodies shall establish written
guidelines for accessibility of records.  A copy of these guidelines
shall be posted in a conspicuous public place at the offices of these
bodies, and a copy of the guidelines shall be available upon request
free of charge to any person requesting that body's records:
   Department of Motor Vehicles
   Department of Consumer Affairs
   Department of Transportation
   Department of Real Estate
   Department of Corrections
   Department of the Youth Authority
   Department of Justice
   Department of Insurance
   Department of Corporations
   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 Services
   Employment Development Department
   State Department of Social Services
   State Department of Mental Health
   State Department of Developmental Services
   State Department of Alcohol and Drug Abuse
   Office of Statewide Health Planning and Development
   Public Employees' Retirement System
   Teachers' Retirement Board
   Department of Industrial Relations
   Department of General Services
   Department of Veterans Affairs
   Public Utilities Commission
   California Coastal Commission
   State Water Quality Control Board
   San Francisco Bay Area Rapid Transit District
   All regional water quality control boards
   Los Angeles County Air Pollution Control District
   Bay Area Air Pollution Control District
   Golden Gate Bridge, Highway and Transportation District.
   (b) Guidelines and regulations adopted pursuant to this section
shall be consistent with all other sections of this chapter and shall
reflect the intention of the Legislature to make the records
accessible to the public.  The guidelines and regulations adopted
pursuant to this section shall not operate to limit the hours public
records are open for inspection as prescribed in subdivision (a).



6253.1.  Except as otherwise prohibited by law, a state or local
agency may adopt requirements for itself which allow greater access
to records than prescribed by the minimum standards set forth in this
chapter.


6253.5.  Notwithstanding Sections 6252 and 6253, statewide, county,
city, and district initiative, referendum, and recall petitions,
petitions circulated pursuant to Section 5091 of the Education Code,
petitions for the reorganization of school districts submitted
pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of
Part 21 of the Education Code, petitions for the reorganization of
community college districts submitted pursuant to Part 46 (commencing
with Section 74000) of the Education Code and all memoranda prepared
by the county elections officials in the examination of the
petitions indicating which registered voters have signed particular
petitions shall not be deemed to be public records and shall not be
open to inspection except by the public officer or public employees
who have the duty of receiving, examining or preserving the petitions
or who are responsible for the preparation of that memoranda and, if
the petition is found to be insufficient, by the proponents of the
petition and the representatives of the proponents as may be
designated by the proponents in writing in order to determine which
signatures were disqualified and the reasons therefor. However, the
Attorney General, the Secretary of State, the Fair Political
Practices Commission, a district attorney, a school district or a
community college district attorney, and a city attorney shall be
permitted to examine the material upon approval of the appropriate
superior court.
   If the proponents of a petition are permitted to examine the
petition and memoranda, the examination shall commence not later than
21 days after certification of insufficiency.
   (a) As used in this section, "petition" shall mean any petition to
which a registered voter has affixed his or her signature.
   (b) As used in this section "proponents of the petition" means the
following:
   (1) For statewide initiative and referendum measures, the person
or persons who submit a draft of a petition proposing the measure to
the Attorney General with a request that he or she prepare a title
and summary of the chief purpose and points of the proposed measure.

   (2) For other initiative and referenda on measures, the person or
persons who publish a notice of intention to circulate petitions, or,
where publication is not required, who file petitions with the
elections official.
   (3) For recall measures, the person or persons defined in Section
343 of the Elections Code.
   (4) For petitions circulated pursuant to Section 5091 of the
Education Code, the person or persons having charge of the petition
who submit the petition to the county superintendent of schools.
   (5) For petitions circulated pursuant to Article 1 (commencing
with Section 35700) of Chapter 4 of Part 21 of the Education Code,
the person or persons designated as chief petitioners under Section
35701 of the Education Code.
   (6) For petitions circulated pursuant to Part 46 (commencing with
Section 74000) of the Education Code, the person or persons
designated as chief petitioners under Sections 74102, 74133, and
74152 of the Education Code.



6253.6.  (a) Notwithstanding the provisions of Sections 6252 and
6253, information compiled by public officers or public employees
revealing the identity of persons who have requested bilingual
ballots or ballot pamphlets, made in accordance with any federal or
state law, or other data that would reveal the identity of the
requester, shall not be deemed to be public records and shall not be
provided to any person other than public officers or public employees
who are responsible for receiving those requests and processing the
same.
   (b) Nothing contained in subdivision (a) shall be construed as
prohibiting any person who is otherwise authorized by law from
examining election materials, including, but not limited to,
affidavits of registration, provided that requests for bilingual
ballots or ballot pamphlets shall be subject to the restrictions
contained in subdivision (a).



6254.  Except as provided in Sections 6254.7 and 6254.13, nothing in
this chapter shall be construed to require disclosure of records
that are any of the following:
   (a) Preliminary drafts, notes, or interagency or intra-agency
memoranda which are not retained by the public agency in the ordinary
course of business, provided that the public interest in withholding
those records clearly outweighs the public interest in disclosure.
   (b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
   (c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
   (d) Contained in or related to:
   (1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
   (2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
   (3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
   (4) Information received in confidence by any state agency
referred to in paragraph (1).
   (e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, which are obtained in confidence from any
person.
   (f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, and any
state or local police agency, or any investigatory or security files
compiled by any other state or local police agency, or any
investigatory or security files compiled by any other state or local
agency for correctional, law enforcement, or licensing purposes,
except that state and local law enforcement agencies shall disclose
the names and addresses of persons involved in, or witnesses other
than confidential informants to, the incident, the description of any
property involved, the date, time, and location of the incident, all
diagrams, statements of the parties involved in the incident, the
statements of all witnesses, other than confidential informants, to
the victims of an incident, or an authorized representative thereof,
an insurance carrier against which a claim has been or might be made,
and any person suffering bodily injury or property damage or loss,
as the result of the incident caused by arson, burglary, fire,
explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or
a crime as defined by subdivision (c) of Section 13960, 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 which reflect
the analysis or conclusions of the investigating officer.
   Other provisions of this subdivision notwithstanding, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
   (1) The full name, current address, and occupation of every
individual arrested by the agency, the individual's physical
description including date of birth, color of eyes and hair, sex,
height and weight, the time and date of arrest, the time and date of
booking, the location of the arrest, the factual circumstances
surrounding the arrest, the amount of bail set, the time and manner
of release or the location where the individual is currently being
held, and all charges the individual is being held upon, including
any outstanding warrants from other jurisdictions and parole or
probation holds.
   (2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name, age, and
current address of the victim, except that the address of the victim
of any crime defined by Section 220, 261, 264, 264.1, 273a, 273d,
273.5, 286, 288, 288a, 289, 422.6, 422.7, 422.75, or 646.9 of the
Penal Code shall not be disclosed, the factual circumstances
surrounding the crime or incident, and a general description of any
injuries, property, or weapons involved.  The name of a victim of any
crime defined by Section 220, 261, 264, 264.1, 273a, 273d, 273.5,
286, 288, 288a, 289, 422.6, 422.7, 422.75, or 646.9 of the Penal Code
may be withheld at the victim's request, or at the request of the
victim's parent or guardian if the victim is a minor.  When a person
is the victim of more than one crime, information disclosing that the
person is a victim of a crime defined by Section 220, 261, 264,
264.1, 273a, 273d, 286, 288, 288a, 289, 422.6, 422.7, 422.75, or
646.9 of the Penal Code may be deleted at the request of the victim,
or the victim's parent or guardian if the victim is a minor, in
making the report of the crime, or of any crime or incident
accompanying the crime, available to the public in compliance with
the requirements of this paragraph.
   (g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of the Education Code.
   (h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained.  However, the law of eminent domain shall not be affected
by this provision.
   (i) Information required from any taxpayer in connection with the
collection of local taxes which is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
   (j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes.  The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
   (k) Records the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
   (l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s legal affairs secretary, provided that public records shall not be
transferred to the custody of the Governor's legal affairs secretary
to evade the disclosure provisions of this chapter.
   (m) In the custody of or maintained by the Legislative Counsel,
except those records in the public data base maintained by the
Legislative Counsel that are described in Section 10248.
   (n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
   (o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration.  The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application which are subject to
disclosure under this chapter.
   (p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1,
Chapter 10.5 (commencing with Section 3525) of Division 4 of Title
1, and Chapter 12 (commencing with Section 3560) of Division 4 of
Title 1, which reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or which provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under the above
chapters.  Nothing in this subdivision shall be construed to limit
the disclosure duties of a state agency with respect to any other
records relating to the activities governed by the employee relations
acts referred to in this subdivision.
   (q) Records of state agencies related to activities governed by
Articles 2.6 (commencing with Section 14081), 2.8 (commencing with
Section 14087.5), and 2.91 (commencing with Section 14089) of Chapter
7 of Part 3 of Division 9 of the Welfare and Institutions Code,
which reveal the special negotiator's deliberative processes,
discussions, communications, or any other portion of the negotiations
with providers of health care services, impressions, opinions,
recommendations, meeting minutes, research, work product, theories,
or strategy, or which provide instruction, advice, or training to
employees.
   Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed.  In the event that
a contract for inpatient services which is entered into prior to
April 1, 1984, is amended on or after April 1, 1984, the amendment,
except for any portion containing the rates of payment, shall be open
to inspection one year after it is fully executed.  If the
California Medical Assistance Commission enters into contracts with
health care providers for other than inpatient hospital services,
those contracts shall be open to inspection one year after they are
fully executed.
   Three years after a contract or amendment is open to inspection
under this subdivision, the portion of the contract or amendment
containing the rates of payment shall be open to inspection.
   Notwithstanding any other provision of law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee.  The Joint Legislative Audit Committee shall maintain the
confidentiality of the contracts and amendments until such time as a
contract or amendment is fully open to inspection by the public.
   (r) Records of Native American graves, cemeteries, and sacred
places maintained by the Native American Heritage Commission.
   (s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals which has been transmitted to the State
Department of Health Services pursuant to subdivision (b) of Section
1282 of the Health and Safety Code.
   (t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Division 3 of Title 4 of this
code, which relate to any contract with an insurer or nonprofit
hospital service plan for inpatient or outpatient services for
alternative rates pursuant to Section 10133 or 11512 of the Insurance
Code.  However, the record shall be open to inspection within one
year after the contract is fully executed.
   (u) 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 which indicates when or where the applicant is vulnerable
to attack or which concerns the applicant's medical or psychological
history or that of members of his or her family.
   (v) (1) Records of the Major Risk Medical Insurance Program
related to activities governed by Part 6.3 (commencing with Section
12695), and Part 6.5 (commencing with Section 12700), of Division 2
of the Insurance Code, and which reveal the deliberative processes,
discussions, communications, or any other portion of the negotiations
with health plans, or the impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of the
board or its staff, or records that provide instructions, advice, or
training to employees.
   (2) (A) Except for the portion of a contract that contains the
rates of payment, contracts for health coverage entered into pursuant
to Part 6.3 (commencing with Section 12695), or Part 6.5 (commencing
with Section 12700), of Division 2 of the Insurance Code, on or
after July 1, 1991, shall be open to inspection one year after they
have been fully executed.
   (B) In the event that a contract for health coverage that is
entered into prior to July 1, 1991, is amended on or after July 1,
1991, the amendment, except for any portion containing the rates of
payment shall be open to inspection one year after the amendment has
been fully executed.
   (3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee.  The Joint Legislative Audit
Committee shall maintain the confidentiality of the contracts and
amendments thereto, until the contract or amendments to a contract is
open to inspection pursuant to paragraph (3).
   (w) (1) Records of the Major Risk Medical Insurance Program
related to activities governed by Chapter 14 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that
reveal the deliberative processes, discussions, communications, or
any other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.

   (2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 14 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
   (3) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee.  The Joint Legislative Audit
Committee shall maintain the confidentiality of the contracts and
amendments thereto, until the contract or amendments to a contract is
open to inspection pursuant to paragraph (2).
   (x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of the Department 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.
   Nothing in this section prevents any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.
   Nothing in this section prevents any health facility from
disclosing to a certified bargaining agent relevant financing
information pursuant to Section 8 of the National Labor Relations
Act.



6254.  Except as provided in Sections 6254.7 and 6254.13, nothing in
this chapter shall be construed to require disclosure of records
that are any of the following:
   (a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, provided that the public interest in withholding
those records clearly outweighs the public interest in disclosure.
   (b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 810), until the pending litigation or claim
has been finally adjudicated or otherwise settled.
   (c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
   (d) Contained in or related to:
   (1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
financial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions, and
insurance companies.
   (2) Examination, operating, or condition reports prepared by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
   (3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
   (4) Information received in confidence by any state agency
referred to in paragraph (1).
   (e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports, which are obtained in confidence from any
person.
   (f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, and any
state or local police agency, or any investigatory or security files
compiled by any other state or local police agency, or any
investigatory or security files compiled by any other state or local
agency for correctional, law enforcement, or licensing purposes,
except that state and local law enforcement agencies shall disclose
the names and addresses of persons involved in, or witnesses other
than confidential informants to, the incident, the description of any
property involved, the date, time, and location of the incident, all
diagrams, statements of the parties involved in the incident, the
statements of all witnesses, other than confidential informants, to
the victims of an incident, or an authorized representative thereof,
an insurance carrier against which a claim has been or might be made,
and any person suffering bodily injury or property damage or loss,
as the result of the incident caused by arson, burglary, fire,
explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or
a crime as defined by subdivision (c) of Section 13960, 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 reflect
the analysis or conclusions of the investigating officer.
   Other provisions of this subdivision notwithstanding, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
   (1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
   (2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance, and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved.  The name of a victim of any crime defined by Section 220,
261, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6,
422.7, 422.75, or 646.9 of the Penal Code may be withheld at the
victim's request, or at the request of the victim's parent or
guardian if the victim is a minor.  When a person is the victim of
more than one crime, information disclosing that the person is a
victim of a crime defined by Section 220, 261, 264, 264.1, 273a,
273d, 286, 288, 288a, 289, 422.6, 422.7, 422.75, or 646.9 of the
Penal Code may be deleted at the request of the victim, or the victim'
s parent or guardian if the victim is a minor, in making the report
of the crime, or of any crime or incident accompanying the crime,
available to the public in compliance with the requirements of this
paragraph.
   (3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code, except that the address of the victim of any crime
defined by Section 220, 261, 264, 264.1, 273a, 273d, 273.5, 286,
288, 288a, 289, 422.6, 422.7, 422.75, or 646.9 of the Penal Code
shall remain confidential.  Address information obtained pursuant to
this paragraph shall not be used directly or indirectly 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.
   (g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
(commencing with Section 99150) of Part 65 of the Education Code.
   (h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained.  However, the law of eminent domain shall not be affected
by this provision.
   (i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
   (j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes.  The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
   (k) Records the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
   (l) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s legal affairs secretary, provided that public records shall not be
transferred to the custody of the Governor's legal affairs secretary
to evade the disclosure provisions of this chapter.
   (m) In the custody of or maintained by the Legislative Counsel,
except those records in the public data base maintained by the
Legislative Counsel that are described in Section 10248.
   (n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
   (o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration.  The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application which are subject to
disclosure under this chapter.
   (p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, that reveal a state agency's deliberative
processes, impressions, evaluations, opinions, recommendations,
meeting minutes, research, work products, theories, or strategy, or
that provide instruction, advice, or training to employees who do not
have full collective bargaining and representation rights under
these chapters.  Nothing in this subdivision shall be construed to
limit the disclosure duties of a state agency with respect to any
other records relating to the activities governed by the employee
relations acts referred to in this subdivision.
   (q) Records of state agencies related to activities governed by
Articles 2.6 (commencing with Section 14081), 2.8 (commencing with
Section 14087.5), and 2.91 (commencing with Section 14089) of Chapter
7 of Part 3 of Division 9 of the Welfare and Institutions Code, that
reveal the special negotiator's deliberative processes, discussions,
communications, or any other portion of the negotiations with
providers of health care services, impressions, opinions,
recommendations, meeting minutes, research, work product, theories,
or strategy, or that provide instruction, advice, or training to
employees.
   Except for the portion of a contract containing the rates of
payment, contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed.  In the event that
a contract for inpatient services that is entered into prior to
April 1, 1984, is amended on or after April 1, 1984, the amendment,
except for any portion containing the rates of payment, shall be open
to inspection one year after it is fully executed.  If the
California Medical Assistance Commission enters into contracts with
health care providers for other than inpatient hospital services,
those contracts shall be open to inspection one year after they are
fully executed.
   Three years after a contract or amendment is open to inspection
under this subdivision, the portion of the contract or amendment
containing the rates of payment shall be open to inspection.
   Notwithstanding any other provision of law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee.  The Joint Legislative Audit Committee shall maintain the
confidentiality of the contracts and amendments until the time a
contract or amendment is fully open to inspection by the public.
   (r) Records of Native American graves, cemeteries, and sacred
places maintained by the Native American Heritage Commission.
   (s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Services pursuant to subdivision (b) of Section
1282 of the Health and Safety Code.
   (t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Division 3 of Title 4 of this
code, that relate to any contract with an insurer or nonprofit
hospital service plan for inpatient or outpatient services for
alternative rates pursuant to Section 10133 or 11512 of the Insurance
Code.  However, the record shall be open to inspection within one
year after the contract is fully executed.
   (u) 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.
   (v) (1) Records of the Major Risk Medical Insurance Program
related to activities governed by Part 6.3 (commencing with Section
12695), and Part 6.5 (commencing with Section 12700), of Division 2
of the Insurance Code, and that reveal the deliberative processes,
discussions, communications, or any other portion of the negotiations
with health plans, or the impressions, opinions, recommendations,
meeting minutes, research, work product, theories, or strategy of the
board or its staff, or records that provide instructions, advice, or
training to employees.
   (2) (A) Except for the portion of a contract that contains the
rates of payment, contracts for health coverage entered into pursuant
to Part 6.3 (commencing with Section 12695), or Part 6.5 (commencing
with Section 12700), of Division 2 of the Insurance Code, on or
after July 1, 1991, shall be open to inspection one year after they
have been fully executed.
   (B) In the event that a contract for health coverage that is
entered into prior to July 1, 1991, is amended on or after July 1,
1991, the amendment, except for any portion containing the rates of
payment shall be open to inspection one year after the amendment has
been fully executed.
   (3) Three years after a contract or amendment is open to
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
   (4) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee.  The Joint Legislative Audit
Committee shall maintain the confidentiality of the contracts and
amendments thereto, until the contract or amendments to a contract is
open to inspection pursuant to paragraph (3).
   (w) (1) Records of the Major Risk Medical Insurance Program
related to activities governed by Chapter 14 (commencing with Section
10700) of Part 2 of Division 2 of the Insurance Code, and that
reveal the deliberative processes, discussions, communications, or
any other portion of the negotiations with health plans, or the
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.

   (2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 14 (commencing with Section 10700) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
   (3) Notwithstanding any other provision of law, the entire
contract or amendments to a contract shall be open to inspection by
the Joint Legislative Audit Committee.  The Joint Legislative Audit
Committee shall maintain the confidentiality of the contracts and
amendments thereto, until the contract or amendments to a contract is
open to inspection pursuant to paragraph (2).
   (x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of the Department 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.
   Nothing in this section prevents any agency from opening its
records concerning the administration of the agency to public
inspection, unless disclosure is otherwise prohibited by law.
   Nothing in this section prevents any health facility from
disclosing to a certified bargaining agent relevant financing
information pursuant to Section 8 of the National Labor Relations
Act.


6254.1.  (a) Except as provided in Section 6254.7, nothing in this
chapter requires disclosure of records that are the residence address
of any person contained in the records of the Department of Housing
and Community Development, if the person has requested
confidentiality of that information, in accordance with Section 18081
of the Health and Safety Code.
   (b) Nothing in this chapter requires the disclosure of the
residence or mailing address of any person in any record of the
Department of Motor Vehicles except in accordance with Section
1808.21 of the Vehicle Code.
   (c) Nothing in this chapter requires the disclosure of the results
of a test undertaken pursuant to Section 12804.8 of the Vehicle
Code.



6254.2.  (a) Nothing in this chapter exempts from public disclosure
the same categories of pesticide safety and efficacy information that
are disclosable under paragraph (1) of subsection (d) of Section 10
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
Sec.  136h(d)(1)), if the individual requesting the information is
not an employee or agent specified in subdivision (h) and signs the
affirmation specified in subdivision (h).
   (b) The Director of Food and Agriculture, upon his or her
initiative, or upon receipt of a request pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1) for the release of data submitted and
designated as a trade secret by a registrant or applicant, shall
determine whether any or all of the data so submitted is a properly
designated trade secret.  In order to assure that the interested
public has an opportunity to obtain and review pesticide safety and
efficacy data and to comment prior to the expiration of the public
comment period on a proposed pesticide registration, the director
shall provide notice to interested persons when an application for
registration enters the registration evaluation process.
   (c) If the director determines that the data is not a trade
secret, the director shall notify the registrant or applicant by
certified mail.
   (d) The registrant or applicant shall have 30 days after receipt
of this notification to provide the director with a complete
justification and statement of the grounds on which the trade secret
privilege is claimed.  This justification and statement shall be
submitted by certified mail.
   (e) The director shall determine whether the data is protected as
a trade secret within 15 days after receipt of the justification and
statement or, if no justification and statement is filed, within 45
days of the original notice.  The director shall notify the
registrant or applicant and any party who has requested the data
pursuant to the California Public Records Act of that determination
by certified mail.  If the director determines that the data is not
protected as a trade secret, the final notice shall also specify a
date, not sooner than 15 days after the date of mailing of the final
notice, when the data shall be available to any person requesting
information pursuant to subdivision (a).
   (f) "Trade secret" means data that is nondisclosable under
paragraph (1) of subsection (d) of Section 10 of the Federal
Insecticide, Fungicide, and Rodenticide Act.
   (g) This section shall be operative only so long as, and to the
extent that, enforcement of paragraph (1) of subsection (d) of
Section 10 of the Federal Insecticide, Fungicide, and Rodenticide Act
has not been enjoined by federal court order, and shall become
inoperative if an unappealable federal court judgment or decision
becomes final that holds that paragraph invalid, to the extent of the
invalidity.
   (h) The Director of Food and Agriculture shall not knowingly
disclose information submitted by an applicant or registrant pursuant
to Article 4 (commencing with Section 12811) of Chapter 2 of
Division 7 of the Food and Agricultural Code to any employee or agent
of any business or other entity engaged in the production, sale, or
distribution of pesticides in countries other than the United States
or in other 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 this disclosure.  To implement this
subdivision, the director shall require the following affirmation to
be signed by the person who requests information pursuant to this
section:

      AFFIRMATION OF STATUS

   This affirmation is required by Section 6254.2 of the Government
Code.
   I have requested access to information submitted by an applicant
or registrant under the California Food and Agricultural Code.  I
hereby affirm all of the following:
   (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
engaged in the production, sale, or distribution of pesticides in
countries other than the United States or in other countries in
addition to the United States, or to the agents or employees of such
a business or entity.
   (2) I will not purposefully deliver or negligently cause the data
to be delivered to such a business or entity or its agents or
employees.
   I am aware that I may be subject to criminal penalties under
Section 118 of the Penal Code if I make any statement of material
facts knowing that the statement is false or if I willfully conceal
any material fact.


        ______________________________    ________________________
         Name                              Organization
        ______________________________
         Signature
        _____________  _______________    ________________________
         Date           Request No.        Address
        ______________________________
         Client, if you are requesting
         access on behalf of someone
         other than the organization
         or affiliation listed above.

   (i) Notwithstanding any other provision of this section, the
Director of Food and Agriculture may disclose information submitted
by an applicant or registrant to any person in connection with a
public proceeding conducted under law or regulation, if the director
determines that the information is needed to determine whether a
pesticide, or any ingredient of any pesticide, causes unreasonable
adverse effects on health or the environment.
   (j) The director shall maintain records of the names of persons to
whom data is disclosed pursuant to this section and the persons or
organizations they represent and shall inform the applicant or
registrant of the names and the affiliation of these persons.
   (k) Section 118 of the Penal Code applies to any affirmation made
pursuant to this section.
   (l) Any officer or employee of the state or former officer or
employee of the state who, because of this employment or official
position, obtains possession of, or has access to, material which is
prohibited from disclosure by this section, and who, knowing that
disclosure of this material is prohibited by this section, willfully
discloses the material in any manner to any person not entitled to
receive it, shall, upon conviction, be punished by a fine of not more
than ten thousand dollars ($10,000), or by imprisonment in the
county jail for not more than one year, or by both fine and
imprisonment.
   For purposes of this subdivision, any contractor with the state
who is furnished information pursuant to this section, or any
employee of any contractor, shall be considered an employee of the
state.
   (m) This section does not prohibit any person from maintaining a
civil action for wrongful disclosure of trade secrets.
   (n) The director may limit an individual to one request per month
pursuant to this section if the director determines that a person has
made a frivolous request within the past 12-month period.



6254.25.  Nothing in this chapter or any other provision of law
shall require the disclosure of a memorandum submitted to a state
body or to the legislative body of a local agency by its legal
counsel pursuant to subdivision (q) of Section 11126 or Section
54956.9 until the pending litigation has been finally adjudicated or
otherwise settled.  The memorandum shall be protected by the attorney
work-product privilege until the pending litigation has been finally
adjudicated or otherwise settled.



6254.3.  (a) The home addresses and home telephone numbers of state
employees and employees of a school district or county office of
education shall not be deemed to be public records and shall not be
open to public inspection, except that disclosure of that information
may be made as follows:
   (1) To an agent, or a family member of the individual to whom the
information pertains.
   (2) To an officer or employee of another state agency, school
district, or county office of education when necessary for the
performance of its official duties.
   (3) To an employee organization pursuant to regulations and
decisions of the Public Employment Relations Board, except that the
home addresses and home telephone numbers of employees performing law
enforcement-related functions shall not be disclosed.
   (4) To an agent or employee of a health benefit plan providing
health services or administering claims for health services to state,
school districts, and county office of education employees and their
enrolled dependents, for the purpose of providing the health
services or administering claims for employees and their enrolled
dependents.
   (b) Upon written request of any employee, a state agency, school
district, or county office of education shall not disclose the
employee's home address or home telephone number pursuant to
paragraph (3) of subdivision (a) and an agency shall remove the
employee's home address and home telephone number from any mailing
list maintained by the agency, except if the list is used exclusively
by the agency to contact the employee.


6254.4.  (a) The home address, telephone number, occupation,
precinct number, and prior registration information shown on the
voter registration card for all registered voters is confidential,
and shall not be disclosed to any person, except pursuant to Section
615 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.



6254.5.  Notwithstanding any other provisions of the law, whenever a
state or local agency discloses a public record which is otherwise
exempt from this chapter, to any member of the public, this
disclosure shall constitute a waiver of the exemptions specified in
Sections 6254, 6254.7, or other similar provisions of law.  For
purposes of this section, "agency" includes a member, agent, officer,
or employee of the agency acting within the scope of his or her
membership, agency, office, or employment.
   This section, however, shall not apply to  disclosures:
   (a) Made pursuant to the Information Practices Act (commencing
with Section 1798 of the Civil Code) or discovery proceedings.
   (b) Made through other legal proceedings or as otherwise required
by law.
   (c) Within the scope of disclosure of a statute which limits
disclosure of specified writings to certain purposes.
   (d) Not required by law, and prohibited by formal action of an
elected legislative body of the local agency which retains the
writings.
   (e) Made to any governmental agency which agrees to treat the
disclosed material as confidential.  Only persons  authorized in
writing by the person in charge of the agency shall be permitted to
obtain the information.  Any information obtained by the agency shall
only be used for purposes which are consistent with existing law.
   (f) Of records relating to a financial institution or an affiliate
thereof, if the disclosures are made to the financial institution or
affiliate by a state agency responsible for the regulation or
supervision of the financial institution or affiliate.
   (g) Of records relating to any person that is subject to the
jurisdiction of the Department of Corporations, if the disclosures
are made to the person that is the subject of the records for the
purpose of corrective action by that person, or if a corporation, to
an officer, director, or other key personnel of the corporation for
the purpose of corrective action, or to any other person to the
extent necessary to obtain information from that person for the
purpose of an investigation by the Department of Corporations.
   (h) Made by the Superintendent of Banks under Section 1909 of the
Financial Code or by the Savings and Loan Commissioner under Section
8009 of the Financial Code or by the Commissioner of Corporations
under Section 18396 of the Financial Code.



6254.6.  Whenever a city and county or a joint powers agency,
pursuant to a mandatory statute or charter provision to collect
private industry wage data for salary setting purposes, or a contract
entered to implement that mandate, is provided this data by the
federal Bureau of Labor Statistics on the basis that the identity of
private industry employers shall remain confidential, the identity of
the employers shall not be open to the public or be admitted as
evidence in any action or special proceeding.



6254.7.  (a) All information, analyses, plans, or specifications
that disclose the nature, extent, quantity, or degree of air
contaminants or other pollution which any article, machine,
equipment, or other contrivance will produce, which any air pollution
control district or air quality management district, or any other
state or local agency or district, requires any applicant to provide
before the applicant builds, erects, alters, replaces, operates,
sells, rents, or uses the article, machine, equipment, or other
contrivance, are public records.
   (b) All air or other pollution monitoring data, including data
compiled from stationary sources, are public records.
   (c) All records of notices and orders directed to the owner of any
building of violations of housing or building codes, ordinances,
statutes, or regulations which constitute violations of standards
provided in Section 1941.1 of the Civil Code, and records of
subsequent action with respect to those notices and orders, are
public records.
   (d) Except as otherwise provided in subdivision (e) and Chapter 3
(commencing with Section 99150) of Part 65 of the Education Code,
trade secrets are not public records under this section. "Trade
secrets," as  used in this section, may include, but are not limited
to, any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of information which is
not patented, which is known only to certain individuals within a
commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial value and
which gives its user an opportunity to obtain a business advantage
over competitors who do not know or use it.
   (e) Notwithstanding any other provision of law, all air pollution
emission data, including those emission data which constitute 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 required 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 purchased 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 noncommercial
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 California 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 archeological site information maintained by the
Department of Parks and Recreation, the State Historical Resources
Commission, or the State Lands Commission.


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 Securities
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 public 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. The requester 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 that relate to health care
services contract negotiations, and that reveal the deliberative
processes, discussions, communications, or any other portion of the
negotiations, including, but not limited to, records related to those
negotiations such as meeting minutes, research, work product,
theories, or strategy of the department, or its staff, or members of
the California Medical Assistance Commission, or its staff, who act
in consultation with, or on behalf of, the department.
   Except for the portion of a contract that contains the rates of
payment, contracts for health services entered into by the Department
of Corrections or the California Medical Assistance Commission on or
after July 1, 1993, shall be open to inspection one year after they
are fully executed.  In the event that a contract for health services
that is entered into prior to July 1, 1993, is amended on or after
July 1, 1993, the amendment, except for any portion containing rates
of payment, shall be open to inspection one year after it is fully
executed.
   Three years after a contract or amendment is open to inspection
under this subdivision, the portion of the contract or amendment
containing the rates of payment shall be open to inspection.
   Notwithstanding any other provision of law, the entire contract or
amendment shall be open to inspection by the Joint Legislative Audit
Committee and the Bureau of State Audits.  The Joint Legislative
Audit Committee and the Bureau of State Audits shall maintain the
confidentiality of the contracts and amendments until the contract or
amendment is fully open to inspection by the public.
   It is the intent of the Legislature that confidentiality of health
care provider contracts, and of the contracting process as provided
in this subdivision, is intended to protect the competitive nature of
the negotiation process, and shall not affect public access to other
information relating to the delivery of health care services.
   (b) The inspection authority and confidentiality requirements
established in subdivisions (q), (v), and (w) of Section 6254 for the
Legislative Audit Committee shall also apply to the Bureau of State
Audits.



6254.15.  Nothing in this chapter shall be construed to require the
disclosure of records that are any of the following:  corporate
financial records, corporate proprietary information including trade
secrets, and information relating to siting within the state
furnished to a government agency by a private company for the purpose
of permitting the agency to work with the company in retaining,
locating, or expanding a facility within California.  Except as
provided below, incentives offered by state or local government
agencies, if any, shall be disclosed upon communication to the agency
or the public of a decision to stay, locate, relocate, or expand, by
a company, or upon application by that company to a governmental
agency for a general plan amendment, rezone, use permit, building
permit, or any other permit, whichever occurs first.
   The agency shall delete, prior to disclosure to the public,
information that is exempt pursuant to this section from any record
describing state or local incentives offered by an agency to a
private business to retain, locate, relocate, or expand the business
within California.



6255.  The agency shall justify withholding any record by
demonstrating that the record in question is exempt under express
provisions of this chapter or that on the facts of the particular
case the public interest served by not making the record public
clearly outweighs the public interest served by disclosure of the
record.



6256.  Any person may receive a copy of any identifiable public
record or copy thereof. Upon request, an exact copy shall be provided
unless impracticable to do so. Computer data shall be provided in a
form determined by the agency.
   Each agency, upon any request for a copy of records shall
determine within 10 days after the receipt of such request whether to
comply with the request and shall immediately notify the person
making the request of such determination and the reasons therefor.




6256.1.  In unusual circumstances, as specified in this section, the
time limit prescribed in Section 6256 may be extended by written
notice by the head of the agency 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 such notice shall
specify a date that would result in an extension for more than 10
working days.
   As used in this section "unusual circumstances" means, but only to
the extent reasonably necessary to the proper processing of the
particular request:
   (a) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
   (b) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded
in a single request.
   (c) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest
in the determination of the request or among two or more components
of the agency having substantial subject matter interest therein.



6256.2.  Nothing in this chapter shall be construed to permit an
agency to delay access for purposes of inspecting public records.
Any notification of denial of any request for records shall set forth
the names and titles or positions of each person responsible for the
denial.



6257.  Except with respect to public records exempt by express
provisions of law from disclosure, each state or local agency, upon
any request for a copy of records, which reasonably describes an
identifiable record, or information produced therefrom, shall make
the records promptly available to any person, upon payment of fees
covering direct costs of duplication, or a statutory fee, if
applicable.  Any reasonably segregable portion of a record shall be
provided to any person requesting such record after deletion of the
portions which are exempt by law.



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 earliest
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 6254 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 refusing 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 within 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 court.
   (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 member 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 public
agency.



6260.  The provisions of this 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 in
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 apply 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 district 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.
   As 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
provision 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 public.
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 Secretary 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 relating 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 the
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 records
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 destroyed.  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 aids relating to
those records, which the institution makes available to the public
generally. 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 other 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 section 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.

-- 
Lis1@cris.com - Luna Information Services.
... trust memory over history. Memory, like fire, is radiant & immutable,
while history serves only those who seek to control it. Those who would
douse the flame of memory in order to put out the dangerous fires of truth
- beware these men, for they are dangerous themselves and unwise. Their
false history is written in the blood of those who might remember and of
those who seek the truth.