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AB-378 Childcare: family childcare providers: bargaining representative.(2019-2020)

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Date Published: 06/27/2019 09:00 PM
AB378:v97#DOCUMENT

Amended  IN  Senate  June 27, 2019
Amended  IN  Assembly  April 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 378


Introduced by Assembly Members Limón and Gonzalez
(Principal coauthor: Assembly Member Kalra)
(Coauthors: Assembly Members Chiu, Blanca Rubio, Mark Stone, and Wicks)
(Coauthor: Senator Galgiani)

February 05, 2019


An act to add Article 19.5 (commencing with Section 8430) to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, and to amend Sections 6254 and 19815.4 of, and to add Section 6253.21 to, the Government Code, relating to childcare.


LEGISLATIVE COUNSEL'S DIGEST


AB 378, as amended, Limón. Childcare: family childcare providers: bargaining representative.
The California Child Day Care Facilities Act provides for the licensure and regulation of family daycare homes by the State Department of Social Services. The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer childcare and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family childcare home education networks.
This bill would authorize family childcare providers, as defined, to form, join, and participate in the activities of provider organizations, as defined, and to seek the certification of a provider organization to act as the representative for family childcare providers on matters related to childcare subsidy programs pursuant to a petition and election process overseen by the Public Employment Relations Board or a neutral 3rd party designated by the board.
The bill would establish the scope of representation of the certified provider organization, and would require the Governor, through the Department of Human Resources, or in specified cases, through the State Department of Education and State Department of Social Services, to meet and confer in good faith with the certified provider organization on all matters within that scope of representation. The bill would require the parties to jointly prepare a memorandum of understanding if an agreement is reached, which would be binding on all state departments and agencies, and their contractors and subcontractors, and any political subdivision of the state, that are involved in the administration of childcare subsidy programs. To the extent that this bill would impose a new duty on a city or a county, the bill would impose a state-mandated local program. The bill would authorize the parties, if, after a reasonable period of time they fail to reach agreement, to agree to submit unresolved issues to the California State Mediation and Conciliation Service for mediation and would authorize either party to declare that an impasse has been reached and request the Public Employment Relations Board to appoint a mediator from the service to perform mediation.
The bill would authorize a certified provider organization to enter into an agreement with the Governor, through the Department of Human Resources, that provides that the state will require entities that make subsidy payments to family childcare providers, including the contractors or subcontractors of state agencies and departments, and any political subdivision of the state, to deduct membership dues and other voluntary deductions from those subsidy payments.
The bill would require, if preservice or orientation trainings are held for family childcare providers by the state or a department, contractor, agency, or political subdivision of the state, that entity to provide a certified provider organization mandatory access to the entirety of the orientation and the ability to make a presentation about the organization and its activities, its negotiations and memorandum of understanding, and its membership at preservice or orientation trainings.
The bill would require an administrator or contractor of a state-funded early care and education program, as defined, that elects to provide certain mass communications, as defined, to family childcare providers or applicants of state childcare subsidy payments, to meet and confer with the provider organization or the certified provider organization concerning the content of the communication. The bill would require specified public administrators of state-funded early care and education programs to distribute to family childcare providers the mass communication of a certified provider organization in certain circumstances.
The bill would require a certified provider organization to establish a training partnership, as provided, made up of an equal number of representatives of the certified provider organization and designees of the Governor. Governor, and one representative of a childcare-focused parents’ organization, as jointly agreed upon by the Governor and the certified provider organization, but not to exceed 7 members. The bill would require the partnership to make recommendations regarding, and oversee, any specified expenditures agreed upon in the memorandum of understanding, as provided. The bill would require the partnership to meet each month to identify gaps in the Quality Counts California comprehensive professional support system and in the training available to family childcare providers providers, and barriers that prevent family childcare providers from gaining greater skills and accessing postsecondary education, and issue recommendations, as provided.
The California Public Records Act requires a public agency to make public records available for inspection, unless an exemption from disclosure applies.
This bill would require the State Department of Social Services and the State Department of Education, with the assistance of specified state departments and agencies, and their contractors and subcontractors, to make specified information regarding family daycare homes available, in manipulable electronic format, to provider organizations, as provided. The bill would provide that specified information shall not be subject to disclosure pursuant to the California Public Records Act. Act, except as provided.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Limited access to quality, affordable early care and education takes a toll on families, educators, and communities across the state. Parents cannot find childcare they can afford. Children cannot get the early learning they need to be ready for school. Early educators’ pay remains so low it is impossible to provide the basics for their own families.
(b) High-quality early care and education can dramatically influence the degree and pace of early childhood advances in reasoning, language acquisition, and problem solving, resulting in significant, long-term benefits to children, parents, and society. Other benefits, such as increases in parental earnings and employment when children have safe, stable care, are immediate. Yet millions of California’s children miss out on this care.
(c) Businesses benefit when employees have access to reliable early care and education due to cost savings related to lower rates of tardiness, absenteeism, and turnover, as well as greater concentration and productivity among employees who are parents.
(d) Numerous studies have quantified the vital role played by the early care and education industries in local, state, and regional economies. Investing in quality early care and education yields a high return on investment of up to 13 percent. Even so, licensed childcare spaces are only available for 23 percent of California children 0 to 12 years of age, inclusive, with working parents.
(e) California needs to improve the affordability of, access to, and quality of, early care and education for all children in the state through increased, dedicated funding for the system, starting with the state’s lowest income families.
(f) The early education workforce is almost exclusively female and predominantly people of color, including many recent immigrants, first-generation college students, and working mothers. Nearly half of early educators in California live in families that rely on public support, at an estimated cost of $166 million annually.
(g) Experienced early care educators who care for children under California’s state-funded childcare program are leaving the profession because extremely low reimbursement rates and a lack of access to employment benefits mean they cannot afford to provide for their own families. Turnover among early care educators is estimated at more than 30 percent per year, more than four times higher than among teachers in the public school system.
(h) Family childcare is the early care and education setting of choice for many families because of its warm homelike environment, convenience, and affordability. The flexibility offered by many family childcare providers is particularly vital to low-wage workers who are subject to highly unpredictable work schedules, and to the many California workers who work nontraditional hours and need childcare on evenings, overnights, and weekends.
(i) Family childcare providers’ vital role in the state’s early care and education system gives them unique insight into how quality, access, and stability could be improved for children and families.

SEC. 2.

 (a) It is the intent of the Legislature to ensure that every child is ready to learn when they enter kindergarten as well as to provide safe and appropriate before and after school care for schoolage children. In order to meet that goal, the Legislature acknowledges that numerous improvements need to be made to the early care and education system. These include improved and greater access to care, a workforce that meets the growing needs for care and matches the identified improvements needed to bring the highest quality of care to early learners, preservice and ongoing inservice training and professional development to help improve quality of care, a rate a rating system that provides the workforce with adequate reimbursement to ensure a living wage and provides enough of an incentive for others to join and stay in the workforce, a method for the workforce to collectively engage in matters that affect their working lives, and data that helps policymakers and others in the field to understand how to develop effective tools towards fulfilling the intent stated in this section.
(b) It is the intent of the Legislature to ensure that parents have the ability to secure safe, stable, affordable early care and education services for their children from birth to five years of age, inclusive, or in before and after school programs. This act does not prevent a parent from choosing a provider of their own choice.
(c) It is the intent of the Legislature to grant family childcare providers the right to democratically choose a representative to meet and negotiate in a formal process with the state over the operations of its early care and education system, while also preserving the right of family childcare providers to present their views to the state individually or through other groups.

SEC. 3.

 Article 19.5 (commencing with Section 8430) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read:
Article  19.5. Building a Better Early Care and Education System Act

8430.
 This article shall be known, and may be cited, as the Building a Better Early Care and Education System Act.

8430.5.
 (a) The purpose of this article is to promote quality, access, and stability in the early care and education system by authorizing an appropriate unit of family childcare providers to choose a provider organization to act as their unit’s representative on all matters specified in this article. It is also the purpose of this article to promote full communication between family childcare providers and the state by permitting a provider organization certified as the representative of family childcare providers to meet and confer with the state regarding the state’s early care and education system.
(b) This article does not change the family childcare providers’ status as employees or independent business owners or classify family childcare providers as public employees.

8431.
 As used in this article:
(a) “Certified provider organization” means a provider organization that is certified by the Public Employment Relations Board as the representative of family childcare providers in an appropriate unit after a proceeding under Section 8434.
(b)  (1) “Family childcare provider” or “provider” means a childcare provider who participates in a state-funded early care and education program as specified in subdivision (e) and is either of the following:

(1)A

(A) An individual who operates a family daycare home provider, home, as defined in Section 1596.78 of the Health and Safety Code, and who is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code.

(2)

(B) An individual who provides early care and education in their own home or in the home of the child receiving care and is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code.
(2) In no instance shall an assistant-provider, a volunteer, or any other individual who works or volunteers for a family day care home, as defined in Section 1596.78 of the Health and Safety Code, and does not possess a license pursuant to Section 1596.80 of the Health and Safety Code be considered a family childcare provider for purposes of this article. However, any individual who, separate and apart from such work or volunteer service within a family day care home, participates in a state-funded early care and education program and provides care that is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code shall be considered a family childcare provider for purposes of this article in their capacity as the provider of this separate, license-exempt care.
(c)  “Provider organization” means an organization that has all of the following characteristics:
(1) Includes family childcare providers as members.
(2) Has as one of its main purposes the representation of family childcare providers in their relations with public or private entities in California concerning the terms of their participation in state-funded early care and education programs.
(3) Is not an entity that contracts with the state or a county to administer or process payments for a state-funded early care and education program.
(4) Its organizational bylaws or other internal governing documents give family childcare providers the right to be members of the organization and to participate in the democratic control of the organization.
(d)  Public “Public Employment Relations Board” or “board” means the Public Employment Relations Board established pursuant to Section 3541 of the Government Code. The powers and duties of the board described in Sections 3514.5, 3520.5, and 3541.3 of the Government Code, and the respective implementing regulations, shall apply, as appropriate, to this article to the extent those procedures are not inconsistent with the procedures specified in this article. If a provision of this article is the same or substantially the same as that contained in Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with Section 3512), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, it shall be interpreted and applied in accordance with the regulations and judicial interpretations of the provision in those statutes. For purposes of this article, any references in Sections 3514.5, 3520.5, and 3541.3 of the Government Code to “employee” or “employees” shall be deemed to refer to a “provider” as defined in subdivision (b), any references to “employee organizations” shall be deemed to refer to “provider organizations” as defined in subdivision (c), any references to “exclusive representative” shall be deemed to refer to “certified provider organization” as defined in subdivision (a), and any references to “employer” shall be deemed to refer solely to administrators or contractors of a state-funded early care and education program.
(e)  “State-funded early care and education program” means a program administered by the State Department of Education, the State Department of Social Services, or another department, department or agency, or a political subdivision of the state, including programs established subsequent to the passage enactment of this article, to subsidize early learning and care for children, but does not include the public education system.

8431.5.
 The state action antitrust exemption to the application of federal and state antitrust laws shall apply to the activities of family childcare providers and their representatives authorized under this article.

8432.
 (a) For purposes of this section, the Public Employment Relations Board, as established pursuant to Section 3541 of the Government Code, shall determine if an entity seeking information is a provider organization within the meaning of subdivision (c) of Section 8431, as follows:
(1) The general counsel of the Public Employment Relations Board shall have the authority to determine if an organization is a provider organization upon application by that organization. The general counsel shall issue their determination within 10 days of receiving the application.
(2) If an organization is determined not to be a provider organization, the general counsel of the Public Employment Relations Board shall state the reasons for this determination. An applicant determined not to be a provider organization may appeal this adverse determination to the board within 30 days of the determination.
(3) Once a provider organization has been determined to be a provider organization by the general counsel of the Public Employment Relations Board, this determination shall remain valid for one year.
(b) Within 10 days of receipt of a request from a provider organization determined to be such by the Public Employment Relations Board in accordance with subdivision (a), the State Department of Social Services shall make available in manipulable electronic format to that provider organization information regarding all providers of a family day care home, as defined in Section 1596.78 of the Health and Safety Code, who are licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code. The information shall include the name; home address; mailing address; county; work and cellular telephone numbers; email address, if known; and state facility license number of each provider of a family day care home.
(c) (1) Upon receipt of a request from a provider organization, the State Department of Education, the State Department of Social Services, and any other state department or agency administering a state-funded early care and education program, with the assistance of any contractors or subcontractors and any political subdivisions of the state that are administering a state-funded early care and education program, shall immediately commence collecting information regarding any individual who has been a family childcare provider, within the previous three months, including each family childcare provider’s name; home address; mailing address; county; work and cellular telephone numbers; email address, if known; the agency, contractor, subcontractor, or political subdivision of the state administering the state-funded early care and education program in which the provider participates; the date the provider began subsidy care; the date the provider ended subsidy care, if applicable; whether the provider is licensed or not; the unique provider identification number, if applicable; and the state facility license number, if known. The State Department of Education, the State Department of Social Services, and any other state department or agency administering a state-funded early care and education program, with the assistance of any contractors or subcontractors and any political subdivisions of the state administering a state-funded early care and education program, shall make reasonable efforts to collect the information under this subdivision in a timely manner.
(2) Within 60 days of receipt of an initial request from a provider organization, the State Department of Education, the State Department of Social Services, and any other state department or agency administering a state-funded early care and education program shall make available to the provider organization, in a manipulable electronic format unless demonstrably impracticable to do so, all of the information described in paragraph (1) that is available based on the reasonable efforts of the State Department of Education, the State Department of Social Services, and any other state department or agency administering a state-funded early care and education program to collect the information.
(3) As soon as it is in the department’s or agency’s possession, the State Department of Education, the State Department of Social Services, and any other state department or agency administering a state-funded early care and education program shall make available to the provider organization any information described in paragraph (1) that cannot be reasonably collected within 60 days.
(d) Following an initial request as described in subdivision (c), but no earlier than 90 days following receipt of that request, the State Department of Education, the State Department of Social Services, and any other state department or agency administering a state-funded early care and education program shall use reasonable efforts to continue to collect and make available to the requesting provider organization, in a manipulable electronic format unless demonstrably impracticable to do so, an updated list of the information described in paragraph (1) of subdivision (c), as of that date, every 30 days unless more frequent or more detailed lists are required by an agreement with a provider organization.
(e) Nothing in this section shall be construed to permit an agency, department, contractor, subcontractor, or any political subdivision of the state to delay or obstruct the collection or provision to a provider organization of information pursuant to subdivisions (c) and (d).
(f) The State Department of Education, the State Department of Social Services, and any other state department or agency administering a state-funded early care and education program, with the assistance of any contractors or subcontractors and any political subdivisions of the state that are administering a state-funded early care and education program, shall provide a certified provider organization, for each family childcare provider within an appropriate unit, as described by Section 8434, the family childcare provider’s name; home address; mailing address; county; work and cellular telephone numbers; email address, if known; the agency, contractor, subcontractor, or political subdivision administering the state-funded early care and education program in which the provider participates; the date the provider began subsidy care; the date the provider ended subsidy care, if applicable; whether the provider is licensed or not; the unique provider identification number, if applicable; and the state facility license number, if known. This information shall be provided in a manipulable electronic format every 30 days unless more frequent or more detailed lists are required by an agreement between the Governor or the Governor’s designee and the certified provider organization.
(g) If a provider organization has been certified as the representative of family childcare providers in an appropriate unit, subdivisions (b) and (c) shall not apply to requests by other provider organizations.
(h) This section does not preclude a provider organization and the Governor or the Governor’s designee from agreeing to a different interval within which the State Department of Social Services, the State Department of Education, and any other state department or agency administering a state-funded early care and education program must provide the provider organization with this information.
(i) Any information regarding providers of small family day care homes, as defined in Section 1596.78 of the Health and Safety Code, that is made available to the provider organization under this section shall be provided in a manner consistent with Section 1596.86 of the Health and Safety Code.
(j) The information provided under this section shall be provided in a manner consistent with Section 6207 of the Government Code for a participant in the address confidentiality program established pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.
(k) Upon receipt of a written request by a family childcare provider, the State Department of Education, the State Department of Social Services, and any other state department or agency administering a state-funded early care and education program shall remove the family childcare provider’s contact information from any lists subsequently made available to a provider organization pursuant to subdivisions (c) and (d).
(l) The Public Employment Relations Board shall have initial exclusive jurisdiction to resolve any disputes arising among the provider organization, the Governor or the Governor’s designated representative, the State Department of Social Services, the State Department of Education, any other state department or agency administering a state-funded early care and education program, and family childcare providers regarding lists of family childcare providers given to the provider organization pursuant to this section.
(m) The Public Employment Relations Board shall perform its duties under this section consistent with its regulations and shall have the authority to make additional regulations, including emergency regulations, necessary to effectuate this section.

8432. 8432.1.
 Family childcare providers have the right to form, join, and participate in the activities of provider organizations of their own choosing. Family childcare providers also have the right to refuse to join or participate in the activities of provider organizations. This article does not change the rights of family childcare providers to represent themselves individually in their relations with the state, agencies or departments of the state, contractors of the state, parents, or others, or their rights to speak to and petition the government with respect to all aspects of the state’s early care and education program or any other topic.

8432.5.
  Family childcare providers are not public employees, and this article does not create an employer-employee relationship between family childcare providers and the state state, any agency or department of the state, or a public or private nonprofit entity for any purpose, including, but not limited to, eligibility for health or retirement benefits benefits, workers’ compensation, unemployment insurance, liability under the Labor Code or state wage orders, or vicarious liability in tort. This article does not alter the status of a family childcare provider as a business owner, an employee of a family, or a contractor.

8433.
  This article does not alter the rights of families to select, direct, and terminate the services of family childcare providers.

8433.5.

(a)For purposes of this section, the board shall determine if an entity seeking information is a “provider organization” within the meaning of subdivision (a) of Section 8431, as follows:

(1)The general counsel of the board shall have the authority to determine if an organization is a provider organization upon application by that organization. The general counsel shall issue their determination within 10 days of receiving the application.

(2)If an organization is determined not to be a provider organization, the general counsel shall state the reasons for this determination. An applicant determined not to be a provider organization may appeal this adverse determination to the board within 30 days of the determination.

(3)Once a provider organization has been determined to be a provider organization by the general counsel of the board, this determination shall remain valid for a year.

(b)Within 10 days of receipt of a request from a provider organization, the State Department of Social Services shall make available in manipulable electronic format to that provider organization information regarding all family daycare home providers, as defined in Section 1596.78 of the Health and Safety Code, who are licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code, regardless of whether they care for children in the state-funded early care and education system.

(c)Within 30 days of receipt of a request from a provider organization, the State Department of Education, with the assistance of the State Department of Social Services and any state department or agency, or its contractor or subcontractor, in possession of the relevant information, shall collect information regarding any individual who has been a family childcare provider as defined in subdivision (b) of Section 8431 within the ____, including each family childcare provider’s name, home address, mailing address, county, work and cell phone numbers, email address, if known, and unique provider identification number, if applicable, and shall make that information available to the provider organization.

(d)The State Department of Social Services and the State Department of Education shall provide the certified provider organization with the name, home address, mailing address, county, work and cell phone numbers, email address, if known, unique provider identification number, if applicable, and license number, if applicable, of any family childcare provider within 30 days of the date on which that provider receives their first subsidy payment, and shall also provide the certified provider organization with a list of that information for all providers at least every 30 days unless more frequent or more detailed lists are required by an agreement with the certified provider organization. The information under this section shall be provided in a manner consistent with subdivision (f). This subdivision does not preclude a certified provider organization and the State Department of Social Services and the State Department of Education from agreeing to a different interval within which the departments must provide the certified provider organization with this information.

(e)If a provider organization has been certified as the representative of family childcare providers in an appropriate unit, subdivisions (b) and (c) shall not apply to requests by other provider organizations.

(f)A provider organization or a certified provider organization under this article shall be considered a family daycare organization for purposes of subdivisions (b) and (c) of Section 1596.86 of the Health and Safety Code. All confidentiality requirements applicable to recipients of information pursuant to Section 1596.86 of the Health and Safety Code apply to provider organizations and shall apply also to protect the personal information of family childcare providers, as defined in subdivision (b) of Section 8431. Information provided pursuant to this section shall be used only for purposes of organizing and representing family childcare providers.

(g)The name, home address, mailing address, email address, and phone numbers of a family childcare provider shall not be subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). This subdivision does not prohibit or limit the disclosure of information otherwise required to be disclosed by the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.6 (commencing with Section 1597.30) of, or Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code).

(h)

Upon written request of a family childcare provider, the State Department of Education and the State Department of Social Services shall remove the family childcare provider’s contact information from the information referenced in subdivisions (b) and (c) before making those lists available to a provider organization. This subdivision shall not apply to any lists made available to a certified provider organization pursuant to this section or any other law or regulation.

8434.
 (a) An appropriate unit of family childcare providers, as described in subdivision (f) below, may designate, in accordance with this article, the provider organization, if any, that shall be its representative for purposes of this article. The board shall, pursuant to the procedures in this section, certify a provider organization designated by an appropriate unit of family childcare providers as the representative of those providers for purposes of this article. There shall be no more than one certified representative for purposes of this article at any time.
(b) Requests for elections, challenges, competing claims, requests for intervention, and requests for decertification shall be filed with, received by, and acted upon by the board, in accordance with its rules and regulations, provided that a valid petition for a certification or decertification election shall be resolved by a secret ballot election among family childcare providers. Upon submission of that request, and at the direction of and at a date established by the board, the State Department of Education, with the assistance of the State Department of Social Services and any state department or agency, or its contractor or subcontractor, shall provide the board and the party seeking certification a list of all family childcare providers, as defined in subdivision (b) of Section 8431, within the ____ 30 days of the date the petition is submitted to the board. The board may designate a neutral third party to act on any of the requests filed with the board pursuant to this subdivision.
(c) (1) A provider organization petitioning for an election to be certified by the board as the representative for an appropriate unit of providers shall include in its petition proof of a 10-percent showing of interest designating the provider organization to act as the statewide representative of the providers. For purposes of the showing of interest, “family childcare provider” shall include any individual who has been a “family childcare provider” within the meaning of subdivision (b) of Section 8431 within ____. 90 days of the date the petition is submitted to the board. Proof of support may consist of, but does not require, any one of the following:
(A) Proof of dues payments.
(B) Dues deduction authorization forms.
(C) Membership applications.
(D) Authorization cards signed by providers.
(E) Petitions signed by providers, provided the purpose of the petition is clearly stated on each page.
(2) The board, or a neutral third party designated by the board to act on a request for an election, shall consider a document evidencing a family childcare provider’s support, or lack of support, for a provider organization valid if it was signed by the family childcare provider within two years of the date it is submitted to the board. For purposes of showing proof of support by a provider for a provider organization, the board shall accept signatures that meet the requirements of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code).
(d) A provider organization petitioning as an intervenor in an election shall demonstrate a 10-percent showing of interest in the same manner as described in subdivision (c).
(e) The election shall be conducted by mail ballot within 90 days of the receipt of a valid election petition.
(f) The only appropriate bargaining unit of providers is a statewide unit of all family childcare providers described in subdivision (b) of Section 8431.
(g) A certified provider organization shall represent each provider in the represented unit fairly with respect to matters within the scope of the certified provider organization’s role as representative of the bargaining unit for purposes of this article, without discrimination and without regard to whether the provider is a member of the certified provider organization.

8434.5.
 The scope of representation shall not extend to the rights of families to select, direct, and terminate the services of family childcare providers. The scope of representation shall include, but not be limited to, all of the following:
(a) The administration of laws and regulations governing licensing for providers. Improvement of recruitment and retention of providers.
(b) Joint labor-management committees.
(c) Contract grievance arbitration.
(d) Expanded access to professional Professional development and training opportunities for providers. providers, including preservice and ongoing inservice training and training on supporting dual language learners in their biliteracy and overall development.
(e) Benefits for providers. Contributions to a union-administered provider benefit trust fund.
(f) Payment and reporting procedures for state-funded early care and education programs.
(g) Reimbursement rates, including, but not limited to, rate add-ons for providers who complete additional training, and other economic matters. Economic compensation, including the rate of subsidy, to improve retention and quality of care.

(h)Expanded access to, and funding for, food and nutrition programs.

(i)

(h) The deduction of membership dues and other voluntary deductions authorized by individual providers and allocation of the costs of implementing that deduction system.

(j)Expanded access to the state-funded early care and education program to families in need of subsidies.

(k)(1)Reasonable written notice to the certified provider organization, except in cases of an emergency, as described in paragraph (2), as provided by the State Department of Social Services or the State Department of Education, of any law, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by either department. The departments shall give the certified provider organization the opportunity to meet and confer with the relevant department or the department’s designee.

(2)In cases of an emergency where the State Department of Social Services or State Department of Education determines that a law, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the department or the department’s designee shall provide notice and an opportunity to meet and confer in good faith at the earliest practical time following the adoption of that law, rule, resolution, or regulation.

(l)

A process for negotiated rulemaking, if agreed upon by the provider organization and the Governor as part of a memorandum of understanding reached pursuant to Section 8435.5, that includes the certified provider organization and designated representatives of the State Department of Education and the State Department of Social Services. The goal of the negotiated rulemaking shall be to develop, through the collaboration of the certified provider organization and the relevant department, proposed regulations and revisions to regulations that would improve the terms and work conditions of family childcare providers and the quality of state-funded early care and education programs. A proposed regulation developed through the negotiated rulemaking process shall be subject to the procedures set forth in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code.

(m)

(i) Strike and lockout provisions.
(j) Any changes to current practice matters that affect the terms and conditions of work other than those listed in subdivisions (a) to (l), (i), inclusive, that would do any either of the following:

(1)Improve recruitment and retention of qualified providers.

(2)

(1) Improve the quality of the state-funded early care and education programs. programs, including supports for dual language learners and their families.

(3)Encourage qualified providers to seek additional education and training.

(4)

(2) Promote the health and safety of providers and the children in their care.

8434.6.
 (a) The State Department of Social Services and the State Department of Education shall permit the certified provider organization to participate in a stakeholder meeting convened to provide input regarding proposed rules and regulations that are subject to the procedures set forth in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code and that are within the scope of representation, as described in Section 8434.5.
(b) Except in cases of an emergency as provided in this section, the Governor, through the Department of Human Resources, or the Governor’s designee, shall give reasonable written notice to the certified provider organization of any rule, resolution, or regulation directly relating to matters within the scope of representation, as described in Section 8434.5, proposed to be adopted by the State Department of Education and the State Department of Social Services, and shall give the certified provider organization the opportunity to meet and confer with Governor, through the Department of Human Resources, or the Governor’s designee.
(c) In cases of an emergency where the Governor, through the Department of Human Resources, determines that a rule, resolution, or regulation must be adopted immediately without prior notice or meeting with the certified provider organization, the Department of Human Resources or the Governor’s designee shall provide a notice and opportunity to meet and confer in good faith at the earliest practical time following the adoption of that rule, resolution, or regulation.

8435.
 (a) The Governor, through the Department of Human Resources or, for purposes of subdivision (k) of Section 8434.5, through the State Department of Education and the State Department of Social Services, Resources, shall meet and confer in good faith regarding all matters within the scope of representation with representatives of a certified provider organization and, before arriving at a determination of policy or course of action, shall fully consider the presentations made by the certified provider organization on behalf of the family childcare providers it represents.
(b) The Department of Human Resources shall be the representative of the Governor to meet and confer regarding the scope of representation with representatives of the certified provider organization defined in subdivision (a) of Section 8431, for family childcare providers and to carry out the professional functions and responsibilities in labor relations matters in accordance with this article.

(b)

(c) As used in this section, “meet and confer in good faith” means that the Governor, through the Department of Human Resources or, for purposes of subdivision (k) of Section 8434.5, the State Department of Education and State Department of Social Services, Resources, and representatives of the certified provider organization shall have the mutual obligation to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to freely exchange information, opinions, and proposals. proposals, and to endeavor to reach agreement on matters within the scope of representation. The duty to meet and confer in good faith also requires the parties to begin negotiations sufficiently in advance of the adoption of the state’s final budget for the ensuing fiscal year so that there is adequate time for agreement to be reached before the adoption of the final budget and for the resolution of an impasse.

8435.5.
 (a) If an agreement is reached between the Governor, through the Department of Human Resources, and the certified provider organization, they shall jointly prepare a written memorandum of understanding. Any portions of the memorandum of understanding requiring appropriation by the Legislature or statutory revisions shall be subject to legislative approval of those appropriations or statutory revisions. understanding, which shall be presented, when appropriate, to the Legislature for determination.
(b) (1) If any provision of the memorandum of understanding requires the expenditure of funds, those provisions of the memorandum of understanding shall not become effective unless approved by the Legislature in the annual Budget Act. If any provision of the memorandum of understanding requires legislative action to permit its implementation by amendment of existing law, those provisions of the memorandum of understanding shall not become effective unless approved by the Legislature.
(2) If the Legislature does not approve or fully fund any provision of the memorandum of understanding that requires the expenditure of funds, either party may reopen negotiations on all or part of the memorandum of understanding.
(3) This section does not prevent the parties from agreeing and effecting those provisions of the memorandum of understanding that have received legislative approval or those provisions that do not require legislative action.

(b)

(c) A memorandum of understanding between the Governor, through the Department of Human Resources, and the certified provider organization shall be binding on all state departments and agencies and any political subdivision of the state that are involved in the administration of the state-funded early care and education program and the relevant contractors or subcontractors of those departments and agencies.

(c)

(d) An agreement pursuant to this section may provide for binding arbitration of grievances concerning the interpretation, application, or violation of the agreement.

(d)

(e) This article does not alter the requirements governing the early care and education reimbursement system that are set forth in Section 8222.

8436.
 (a) A certified provider organization shall have the right to enter into an agreement with the Governor, through the Department of Human Resources, that provides that the state will require entities that make subsidy payments to family childcare providers, including the contractors or subcontractors of state agencies and departments, and any political subdivision of the state, to deduct membership dues and other voluntary deductions from those subsidy payments.
(b) If the deduction of membership dues or other voluntary deductions from a provider’s subsidy payments requires action by more than one agency, department, political subdivision, contractor, or subcontractor, the certified provider organization shall establish procedures to ensure both of the following:
(1) The total amount deducted does not exceed the total dues and other voluntary deductions owed by that provider.
(2) The administrative procedures for deducting dues and other voluntary deductions are reasonable.
(c) The state, its agencies and departments, and their contractors and subcontractors shall not be liable in any action by a provider seeking recovery of, or damage for, improper calculation or use of dues or other voluntary deductions.
(d) An entity that makes subsidy payments to providers shall do all of the following:
(1) Rely on a certification from the provider organization or certified provider organization requesting a deduction or reduction that it has and will maintain an authorization, signed by the individual provider from whose subsidy the deduction or reduction is to be made. A provider organization or certified provider organization that certifies that it has and will maintain individual provider authorizations shall not be required to provide a copy of an individual authorization to the entity unless a dispute arises about the existence or terms of the authorization. The provider organization or certified provider organization shall indemnify the entity for any claims made by the provider for deductions made in reliance on that certification.
(2) Direct provider requests to cancel or change deductions for a provider organization or certified provider organization to the provider organization or certified provider organization, rather than to the entity. The entity shall rely on information provided by the provider organization or certified provider organization regarding whether deductions for a provider organization or certified provider organization were properly canceled or changed, and the provider organization or certified provider organization shall indemnify the entity for any claims made by the provider for deductions made in reliance on that information. Deductions may be revoked only pursuant to the terms of the provider’s written authorization.
(3) After receiving notification from a provider organization or a certified provider organization that it possesses a written an authorization for deduction, commence the first deduction in the next pay period after the entity receives the notification.

8436.5.
 (a) It is unlawful for the state, including its agencies, boards, commissions, departments, public benefit corporations, political subdivisions, contractors, subcontractors, or employees, to do to the family childcare providers, provider organizations, or certified provider organizations any of the things made unlawful under Sections 3519 and 3550 of the Government Code.
(b) It shall be unlawful for a provider organization or a certified provider organization to do to the state or to the providers any of the things made unlawful under Section 3519.5 of the Government Code.
(c) For purposes of subdivisions (a) and (b), references in Sections 3519, 3519.5, and 3550 of the Government Code to “employees” shall be deemed to refer to “providers” as defined by subdivision (b) of Section 8431, references to “employee organization” shall be deemed to refer to “provider organization” as defined by subdivision (c) of Section 8431, references to “recognized employee organization” shall be deemed to refer to “certified provider organization” as defined by subdivision (a) of Section 8431, references to “employers” shall be deemed to refer solely to administrators or contractors of a state-funded early care and education program, and references to the “state” includes its agencies, boards, commissions, departments, public benefit corporations, political subdivisions, contractors, subcontractors, or employees.
(d) For purposes of subdivisions (a) and (b), references in subdivision (e) of Section 3519 of, and subdivision (d) of Section 3519.5 of, the Government Code to “the mediation procedure set forth in Section 3518” shall be deemed to refer to the impasse procedures set forth in Section 8437.5.
(e) The initial determination as to whether charges of unfair practices are justified and, if so, what remedy is necessary to effectuate the purposes of this article shall be a matter within the exclusive jurisdiction of the board.

If

8437.5.
 (a) If a memorandum of understanding has expired, and the Governor and the certified provider organization have not agreed to a new memorandum of understanding and have not reached an impasse in negotiations, subject to subdivision (b), the parties to the agreement shall continue to give effect to the provisions of the expired memorandum of understanding, including, but not limited to, all provisions that supersede existing law, any arbitration provisions, any no strike provisions, and any provisions covering membership dues consistent with Section 8436.
(b) If after a reasonable period of time the parties fail to reach agreement, the parties may agree to submit unresolved issues to the California State Mediation and Conciliation Service established within the Public Employment Relations Board for mediation, or either party may declare that an impasse has been reached and request the board to appoint a mediator from the California State Mediation and Conciliation Service. A memorandum of understanding reached by means of mediation is subject to appropriation by the Legislature and necessary statutory revisions.
(c) After the mediation procedure has been exhausted, and no resolution has been reached by the parties, the Governor or the Governor’s representative may declare an impasse and implement any or all of its last, best, and final offer. Any proposal in the Governor’s last, best, and final offer that, if implemented, would conflict with existing statutes or require the expenditure of funds, shall be presented to the Legislature for approval. Implementation of the last, best, and final offer does not relieve the parties of the obligation to bargain in good faith and reach an agreement on a memorandum of understanding if circumstances change, and does not waive rights that the recognized employee organization has under this chapter.

8438.
 (a) If preservice or orientation trainings are held for family childcare providers by the state or a department, contractor, agency, or political subdivision of the state, that entity shall provide a certified provider organization mandatory access to the entirety of those orientations and the ability to make a presentation about the organization and its activities, its negotiations and memorandum of understanding, and membership at the preservice or orientation trainings. The state or a department, contractor, agency, or political subdivision of the state shall notify the certified provider organization of its preservice or orientation trainings not less than 10 days in advance of that training. If participation in an orientation is limited to current providers, the date, time, and place of the orientation shall not be disclosed to anyone other than the providers, the certified provider organization, or a vendor that is contracted to provide a service for purposes of the orientation.
(b) The structure, time, and manner of certified provider organization access to preservice trainings and orientations held for providers by the state, or a department, contractor, agency, or political subdivision of the state, are within the scope of representation as described in Section 8434.5. This section does not prohibit agreements between a certified provider organization and the Governor that provide for preservice trainings and orientations that vary from the requirements of subdivision (a). If such an agreement is adopted as part of a memorandum of understanding pursuant to Section 8435.5, the requirements of this section shall not apply to the extent they are inconsistent with the agreement. In the absence of a mutual agreement regarding preservice trainings or orientations, all of the requirements of this section shall apply.

8439.
 (a) This section shall apply only if a provider organization has been certified pursuant to Section 8434.
(b) If an administrator or contractor of a state-funded early care and education program chooses to disseminate mass communications to family childcare providers or applicants for state childcare subsidy payments concerning providers’ rights to join or support a provider organization or a certified provider organization, or to refrain from joining or supporting a provider organization or a certified provider organization, it shall meet and confer with the provider organization or certified provider organization concerning the content of the mass communication.
(c) If an administrator described in subdivision (b) is a state or local governmental agency, and the administrator and certified provider organization do not agree on the content of the administrator’s mass communication covered by this section, and if the administrator still chooses to disseminate the mass communication, the administrator shall distribute to the family childcare providers, in addition to, and at the same time as, its own mass communication, a communication of reasonable length provided to the administrator by the certified provider organization. The certified provider organization shall provide the administrator with adequate copies of its own mass communication before distribution.
(d) This section does not apply to an administrator’s or contractor’s distribution of a communication concerning provider rights that has been adopted for purposes of this section by the Public Employment Relations Board or the Department of Human Resources.

(c)

(e) For purposes of this section, a “mass communication” means a written document, or script for an oral or recorded presentation or message, that is intended for delivery to multiple providers.

8439.5.
 (a) If a provider organization is certified pursuant to Section 8434, the state and the certified provider organization shall establish a training partnership that will consist of a Partnership on Childcare Training, Education, and Quality Improvement, made up of an equal number of representatives of the certified provider organization and designees of the Governor, and one representative of a childcare-focused parents’ organization, as jointly agreed upon by the Governor and the certified provider organization, but not to exceed ____ seven total representatives and designees. The partnership shall make recommendations regarding, and oversee, the expenditures described in subdivision (e). The Superintendent shall provide the partnership shall annually be provided a with an annual report describing how the funds described in subdivision (e) were spent by each state department, agency, contractor, or political subdivision receiving those funds. The partnership shall consult with the Superintendent and the Director of Social Services, or their respective designees, and representatives from the California Resource and Referral Network. The partnership may also consult with early education and care advocates, the Superintendent or the Superintendent’s designees, representatives of community colleges, postsecondary educational institutions, resource and referral networks, First 5 California and local First 5 commissions, local educational agencies, Quality Counts California local consortia members, the Commission on Teacher Credentialing, workforce investment boards, the Division of Apprenticeship Standards of the Department of Industrial Relations, organizations that operate training programs, apprenticeship programs, and early education and care employers.
(b) The partnership shall meet each month, either in person or via teleconference, to identify gaps in the Quality Counts California comprehensive professional support system and other training available to family childcare providers providers, and barriers that prevent family childcare providers from gaining greater skills and skills, accessing postsecondary education, and impacting child development, and shall issue recommendations, to be made publicly available on the State Department of Social Services and State Department of Education internet websites, on a biannual basis to improve the quality of care offered by licensed and license-exempt family childcare providers. A meeting held pursuant to this section shall not be considered a meeting of a legislative body pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), nor shall they be considered meetings of a state body pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(c) The partnership shall play a coordinating role in ensuring that the training offered to providers meets the state’s needs for the overall childcare workforce, satisfies the health, safety, and educational standards prescribed by the state, aligns with the state’s quality rating systems, and identifies and works to eliminate barriers to providers accessing training and postsecondary education in order to create a sustainable career pathway for the early education workforce.
(d) The partnership’s recommendations may include, but are not limited to, all of the following:
(1) Ways to access federal and private funding for preservice and ongoing inservice training to expand capacity to existing state training resources, such as general education classes and English dual language learner classes.
(2) Ways to expand and improve expand, improve, and incentivize provider preservice and ongoing inservice training and skills on subjects including, but not limited to, child development, occupational health and safety, child literacy, dual language literacy and development, children with special needs, and children’s social and emotional development.
(3) Ways to support providers who seek to obtain training or higher education credentials in child development or a related field.
(4) Ways to work with existing preservice and ongoing inservice training programs and educational institutions, including, but not limited to, resource and referral networks, community colleges, local quality rating and improvement system consortia, workforce investment boards, and apprenticeship programs.
(5) Ways to make preservice and ongoing inservice training and education, which may include credit-earning courses and training at accredited institutions of higher education, available to childcare workers and other workers employed by childcare centers and schools.
(e) It is the intent of the Legislature that the recommendations of the partnership are funded by contributions agreed to for that purpose in the memorandum of understanding between the certified provider organization and the Governor, through the Department of Human Resources, as specified in Section 8435.5.
(f) This section does not prohibit agreements between a certified provider organization and the Governor, as part of a memorandum of understanding, relating to training or any other subject in the scope of this section, or altering the composition, authority, meeting frequency, or obligations of the Partnership on Childcare Training, Education, and Quality Improvement. If an agreement is reached, the requirements of this section shall not apply to the extent they are inconsistent with the agreement.

SEC. 4.

 Section 6253.21 is added to the Government Code, to read:

6253.21.
 (a) Notwithstanding any other provision of this chapter to the contrary, information regarding family childcare providers, as defined by subdivision (b) of section 8431 of the Education Code, is not subject to public disclosure pursuant to this chapter, except as provided in subdivisions (b) and (c).
(b) Copies of names, addresses, home and work telephone numbers, personal cellular telephone numbers, and email addresses of persons described in subdivision (a) shall be made available, upon request, to provider organizations that have been determined to be a provider organization pursuant to subdivision (a) of Section 8432 of the Education Code. This information shall not be used by the receiving entity for any purpose other than for purposes of organizing, representing, and assisting family childcare providers.
(c) Copies of names, addresses, home and work telephone numbers, personal cellular telephone numbers, and email addresses of persons described in subdivision (a) shall be made available to a certified provider organization as described in section 8434. This information shall not be used by the receiving entity for any purpose other than for purposes of organizing, representing, and assisting family childcare providers.
(d) This section does not prohibit or limit the disclosure of information otherwise required to be disclosed by the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70) of, Chapter 3.5 (commencing with Section 1596.90) of, and Chapter 3.6 (commencing with Section 1597.30) of, Division 2 of the Health and Safety Code).
(e) All confidentiality requirements applicable to recipients of information pursuant to Section 1596.86 of the Health and Safety Code shall apply to protect the personal information of providers of small family day care homes, as defined in Section 1596.78 of the Health and Safety Code that is disclosed pursuant to subdivision (b) and (c).
(f) Upon written request of any family child care provider as defined by subdivision (b) of section 8431 of the Education Code, a public agency shall not disclose the employee’s home address, home telephone number, personal cellular telephone number, email address, or birth date pursuant to subdivision (b).

SEC. 5.

 Section 6254 of the Government Code is amended to read:

6254.
 Except as provided in Sections 6254.7 and 6254.13, this chapter does not require the disclosure of any of the following records:
(a) Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.
(d) Records contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, but not limited to, banks, savings and loan associations, industrial loan companies, credit unions, and insurance companies.
(2) Examination, operating, or condition reports prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency communications prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and similar information relating to utility systems development, or market or crop reports, that are obtained in confidence from any person.
(f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. However, state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an alarm or security company at the request of the agency shall be construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:
(1) The full name and occupation of every individual arrested by the agency, the individual’s physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.
(2) (A) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved. The name of a victim of any crime defined by Section 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code may be withheld at the victim’s request, or at the request of the victim’s parent or guardian if the victim is a minor. When a person is the victim of more than one crime, information disclosing that the person is a victim of a crime defined in any of the sections of the Penal Code set forth in this subdivision may be deleted at the request of the victim, or the victim’s parent or guardian if the victim is a minor, in making the report of the crime, or of any crime or incident accompanying the crime, available to the public in compliance with the requirements of this paragraph.
(B) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the names and images of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, and of that victim’s immediate family, other than a family member who is charged with a criminal offense arising from the same incident, may be withheld at the victim’s request until the investigation or any subsequent prosecution is complete. For purposes of this subdivision, “immediate family” shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code.
(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, if the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code. However, the address of the victim of any crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain confidential. Address information obtained pursuant to this paragraph shall 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. This paragraph shall not be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph.
(4) Notwithstanding any other provision of this subdivision, commencing July 1, 2019, a video or audio recording that relates to a critical incident, as defined in subparagraph (C), may be withheld only as follows:
(A) (i) During an active criminal or administrative investigation, disclosure of a recording related to a critical incident may be delayed for no longer than 45 calendar days after the date the agency knew or reasonably should have known about the incident, if, based on the facts and circumstances depicted in the recording, disclosure would substantially interfere with the investigation, such as by endangering the safety of a witness or a confidential source. If an agency delays disclosure pursuant to this paragraph, the agency shall provide in writing to the requester the specific basis for the agency’s determination that disclosure would substantially interfere with the investigation and the estimated date for disclosure.
(ii) After 45 days from the date the agency knew or reasonably should have known about the incident, and up to one year from that date, the agency may continue to delay disclosure of a recording if the agency demonstrates that disclosure would substantially interfere with the investigation. After one year from the date the agency knew or reasonably should have known about the incident, the agency may continue to delay disclosure of a recording only if the agency demonstrates by clear and convincing evidence that disclosure would substantially interfere with the investigation. If an agency delays disclosure pursuant to this clause, the agency shall promptly provide in writing to the requester the specific basis for the agency’s determination that the interest in preventing interference with an active investigation outweighs the public interest in disclosure and provide the estimated date for the disclosure. The agency shall reassess withholding and notify the requester every 30 days. A recording withheld by the agency shall be disclosed promptly when the specific basis for withholding is resolved.
(B) (i) If the agency demonstrates, on the facts of the particular case, that the public interest in withholding a video or audio recording clearly outweighs the public interest in disclosure because the release of the recording would, based on the facts and circumstances depicted in the recording, violate the reasonable expectation of privacy of a subject depicted in the recording, the agency shall provide in writing to the requester the specific basis for the expectation of privacy and the public interest served by withholding the recording and may use redaction technology, including blurring or distorting images or audio, to obscure those specific portions of the recording that protect that interest. However, the redaction shall not interfere with the viewer’s ability to fully, completely, and accurately comprehend the events captured in the recording and the recording shall not otherwise be edited or altered.
(ii) Except as provided in clause (iii), if the agency demonstrates that the reasonable expectation of privacy of a subject depicted in the recording cannot adequately be protected through redaction as described in clause (i) and that interest outweighs the public interest in disclosure, the agency may withhold the recording from the public, except that the recording, either redacted as provided in clause (i) or unredacted, shall be disclosed promptly, upon request, to any of the following:
(I) The subject of the recording whose privacy is to be protected, or his or her the subject’s authorized representative.
(II) If the subject is a minor, the parent or legal guardian of the subject whose privacy is to be protected.
(III) If the subject whose privacy is to be protected is deceased, an heir, beneficiary, designated immediate family member, or authorized legal representative of the deceased subject whose privacy is to be protected.
(iii) If disclosure pursuant to clause (ii) would substantially interfere with an active criminal or administrative investigation, the agency shall provide in writing to the requester the specific basis for the agency’s determination that disclosure would substantially interfere with the investigation, and provide the video or audio recording. Thereafter, the recording may be withheld by the agency for 45 calendar days, subject to extensions as set forth in clause (ii) of subparagraph (A).
(C) For purposes of this paragraph, a video or audio recording relates to a critical incident if it depicts any of the following incidents:
(i) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
(ii) An incident in which the use of force by a peace officer or custodial officer against a person resulted in death or in great bodily injury.
(D) An agency may provide greater public access to video or audio recordings than the minimum standards set forth in this paragraph.
(E) This paragraph does not alter, limit, or negate any other rights, remedies, or obligations with respect to public records regarding an incident other than a critical incident as described in subparagraph (C).
(F) For purposes of this paragraph, a peace officer does not include any peace officer employed by the Department of Corrections and Rehabilitation.
(g) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination, except as provided for in Chapter 3 (commencing with Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code.
(h) The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the state or local agency relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. However, the law of eminent domain shall not be affected by this provision.
(i) Information required from any taxpayer in connection with the collection of local taxes that is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of identifying the borrower of items available in libraries, and library and museum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this subdivision shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.
(l) Correspondence of and to the Governor or employees of the Governor’s office or in the custody of or maintained by the Governor’s Legal Affairs Secretary. However, public records shall not be transferred to the custody of the Governor’s Legal Affairs Secretary to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel, except those records in the public database maintained by the Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with the licensing agency to establish his or her the applicant’s 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, if an authorized officer of the California Pollution Control Financing Authority determines that disclosure of the financial data would be competitively injurious to the applicant and the data is required in order to obtain guarantees from the United States Small Business Administration. The California Pollution Control Financing Authority shall adopt rules for review of individual requests for confidentiality under this section and for making available to the public those portions of an application that are subject to disclosure under this chapter.
(p) (1)  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, and Article 19.5 (commencing with Section 8430) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, 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. This paragraph shall not 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 paragraph.
(2) Records of local agencies related to activities governed by Chapter 10 (commencing with Section 3500) of Division 4, that reveal a local 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 that chapter. This paragraph shall not be construed to limit the disclosure duties of a local agency with respect to any other records relating to the activities governed by the employee relations act referred to in this paragraph.
(q) (1) Records of state agencies related to activities governed by Article 2.6 (commencing with Section 14081), Article 2.8 (commencing with Section 14087.5), and Article 2.91 (commencing with Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, that reveal the special negotiator’s deliberative processes, discussions, communications, or any other portion of the negotiations with providers of health care services, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees.
(2) Except for the portion of a contract containing the rates of payment, contracts for inpatient services entered into pursuant to these articles, on or after April 1, 1984, shall be open to inspection one year after they are fully executed. If a contract for inpatient services that is entered into prior to before 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.
(3) 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.
(4) Notwithstanding any other law, the entire contract or amendment shall be open to inspection by the Joint Legislative Audit Committee and the Legislative Analyst’s Office. The committee and that office shall maintain the confidentiality of the contracts and amendments until the time a contract or amendment is fully open to inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred places and records of Native American places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code maintained by, or in the possession of, the Native American Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on Accreditation of Hospitals that has been transmitted to the State Department of Health Care Services pursuant to subdivision (b) of Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code, or the records of a municipal hospital, formed pursuant to Article 7 (commencing with Section 37600) or Article 8 (commencing with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4 of this code, that relate to any contract with an insurer or nonprofit hospital service plan for inpatient or outpatient services for alternative rates pursuant to Section 10133 of the Insurance Code. However, the record shall be open to inspection within one year after the contract is fully executed.
(u) (1) Information contained in applications for licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 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 the applicant’s family.
(2) The home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set forth in applications for licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 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 prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set forth in licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department.
(v) (1) Records of the Managed Risk Medical Insurance Board and the State Department of Health Care Services related to activities governed by former Part 6.3 (commencing with Section 12695), former Part 6.5 (commencing with Section 12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code, or Chapter 2 (commencing with Section 15810) or Chapter 4 (commencing with Section 15870) of Part 3.3 of Division 9 of the Welfare and Institutions 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 or the department, entities with which the board or the department is considering a contract, or entities with which the board or department is considering or enters into any other arrangement under which the board or the department 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 the department or its staff, or records that provide instructions, advice, or training to their employees.
(2) (A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to former Part 6.3 (commencing with Section 12695), former Part 6.5 (commencing with Section 12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code, or Chapter 2 (commencing with Section 15810) or Chapter 4 (commencing with Section 15870) of Part 3.3 of Division 9 of the Welfare and Institutions 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 before 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 law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to inspection pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board related to activities governed by Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, and that reveal the deliberative processes, discussions, communications, or any other portion of the negotiations with health plans, or the impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff, or records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates of payment, contracts for health coverage entered into pursuant to Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, on or after January 1, 1993, shall be open to inspection one year after they have been fully executed.
(3) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to inspection pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or registration renewal, as a service contractor filed with the Director of Consumer Affairs pursuant to Chapter 20 (commencing with Section 9800) of Division 3 of the Business and Professions Code, for the purpose of establishing the service contractor’s net worth, or financial data regarding the funded accounts held in escrow for service contracts held in force in this state by a service contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board and the State Department of Health Care Services related to activities governed by Part 6.2 (commencing with Section 12693) or former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code, if the records 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 or the department, entities with which the board or department is considering a contract, or entities with which the board or department is considering or enters into any other arrangement under which the board or department 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 the department 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 former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, on or after January 1, 1998, or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code 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 former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code, is amended, the amendment shall be open to inspection one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection.
(4) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to inspection pursuant to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this subdivision for the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff, or the department or its staff, shall also apply to the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of applicants pursuant to Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of the Welfare and Institutions Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (f) of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency’s operations and that is for distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section 131(3) of Title 6 of the United States Code, that is voluntarily submitted to the Office of Emergency Services for use by that office, including the identity of the person who or entity that voluntarily submitted the information. As used in this subdivision, “voluntarily submitted” means submitted in the absence of the office exercising any legal authority to compel access to or submission of critical infrastructure information. This subdivision shall not affect the status of information in the possession of any other state or local governmental agency.
(ac) All information provided to the Secretary of State by a person for the purpose of registration in the Advance Health Care Directive Registry, except that those records shall be released at the request of a health care provider, a public guardian, or the registrant’s legal representative.
(ad) The following records of the State Compensation Insurance Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing with Section 3200) of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2) Records related to the discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations, meeting minutes of meetings or sessions that are lawfully closed to the public, research, work product, theories, or strategy of the fund or its staff, on the development of rates, contracting strategy, underwriting, or competitive strategy pursuant to the powers granted to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code.
(4) Records obtained to provide workers’ compensation insurance under Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, including, but not limited to, any medical claims information, policyholder information provided that nothing in this paragraph shall be interpreted to prevent an insurance agent or broker from obtaining proprietary information or other information authorized by law to be obtained by the agent or broker, and information on rates, pricing, and claims handling received from brokers.
(5) (A) Records that are trade secrets pursuant to Section 6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, including, without limitation, instructions, advice, or training provided by the State Compensation Insurance Fund to its board members, officers, and employees regarding the fund’s special investigation unit, internal audit unit, and informational security, marketing, rating, pricing, underwriting, claims handling, audits, and collections.
(B) Notwithstanding subparagraph (A), the portions of records containing trade secrets shall be available for review by the Joint Legislative Audit Committee, California State Auditor’s Office, Division of Workers’ Compensation, and the Department of Insurance to ensure compliance with applicable law.
(6) (A) Internal audits containing proprietary information and the following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing assistance to the fund when that person has requested in writing that his or her the person’s papers and correspondence be kept private and confidential. Those papers and correspondence shall become public records if the written request is withdrawn, or upon order of the fund.
(ii) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed or an internal audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records containing proprietary information, or any information specified in subparagraph (A) shall be available for review by the Joint Legislative Audit Committee, California State Auditor’s Office, Division of Workers’ Compensation, and the Department of Insurance to ensure compliance with applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered into pursuant to Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code shall be open to inspection one year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code is amended, the amendment shall be open to inspection one year after the amendment has been fully executed.
(C) Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection.
(D) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to inspection pursuant to this paragraph.
(E) This paragraph is not intended to apply to documents related to contracts with public entities that are not otherwise expressly confidential as to that public entity.
(F) For purposes of this paragraph, “fully executed” means the point in time when all of the necessary parties to the contract have signed the contract.
This section does not prevent any agency from opening its records concerning the administration of the agency to public inspection, unless disclosure is otherwise prohibited by law.
This section does not prevent 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).

SEC. 6.

 Section 19815.4 of the Government Code is amended to read:

19815.4.
 The director shall do all of the following:
(a) Be responsible for the management of the department.
(b) Administer and enforce the laws pertaining to personnel.
(c) Observe and report to the Governor on the conditions of the nonmerit aspects of personnel.
(d) Formulate, adopt, amend, or repeal rules, regulations, and general policies affecting the purposes, responsibilities, and jurisdiction of the department and that are consistent with the law and necessary for personnel administration.
All regulations relating to personnel administration heretofore adopted pursuant to this part by the State Personnel Board, California Victim Compensation Board, the Department of General Services, and the Department of Finance, and in effect on the operative date of this part, shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the director.
(e) Hold hearings, subpoena witnesses, administer oaths, and conduct investigations concerning all matters relating to the department’s jurisdiction.
(f) Act on behalf of the department and delegate powers to any authorized representative.
(g) Serve as the Governor’s designated representative pursuant to Section 3517.
(h) Perform any other duties that may be prescribed by law, and any other administrative and executive duties that have by other provisions of law been previously imposed.
(i) Serve as the Governor’s designated representative pursuant to Section 8434.5 of the Education Code.

SEC. 7.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 8.

 The Legislature finds and declares that Section 3 of this act, adding Article 19.5 (commencing with Section 8430) to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act applies to all cities, including charter cities.

SEC. 4.SEC. 9.

 The Legislature finds and declares that Section 3 of this act, which adds Sections 8433.5, 8438, and 8439.5 to the Education Code, Section 4 of this act, which adds Section 6253.21 to, and Section 5 of this act, which amends Section 6254 of, the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act balances the right of the public to access writings and meetings of public agencies while protecting the privacy of providers.