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SB-749 California Public Records Act: trade secrets.(2019-2020)

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Date Published: 06/19/2019 09:00 PM
SB749:v95#DOCUMENT

Amended  IN  Assembly  June 19, 2019
Amended  IN  Senate  May 23, 2019
Amended  IN  Senate  April 29, 2019
Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 749


Introduced by Senator Durazo

February 22, 2019


An act to add Section 6254.34 to the Government Code, relating to public records.


LEGISLATIVE COUNSEL'S DIGEST


SB 749, as amended, Durazo. California Public Records Act: trade secrets.
The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law provides that nothing in the act requires the disclosure of corporate proprietary information including trade secrets, among other things.
This bill would provide that specified records of a private industry employer that are prepared, owned, used, or retained by a public agency are not trade secrets and are public records, including certain records relating to wages, benefits, working hours, and other employment terms and conditions of employees working for a private industry employer pursuant to a contract with a state or local agency are public records and shall not be deemed to be trade secrets under the act if the records are prepared, owned, used, or retained by a state or local agency. The bill would also provide that public agency, records of compliance with local, state, or federal domestic content requirements requirements, and records of a private industry employer’s compliance with job creation, job quality, or job retention obligations contained in a contract or agreement with a state or local agency are public records and shall not be deemed trade secrets under the act if the records are prepared, owned, used, or retained by a state or local agency.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 6254.34 is added to the Government Code, to read:

6254.34.
 (a) Notwithstanding any other law, records or effort to maintain their secrecy, the following records that are prepared, owned, used, or retained by a public agency are public records for the purposes of this chapter and are not trade secrets:
(1) Records of wages, benefits, working hours, and other employment terms and conditions of employees working for a private industry employer, or a subcontractor of a private industry employer, pursuant to a contract with a state or local agency are not trade secrets and are public records for purposes of this chapter if the records are prepared, owned, used, or retained by a state or local agency, except that nothing in this section requires the disclosure of the names and other personally identifying information of employees. agency.

(b)Notwithstanding any other law, records

(2) Records of compliance with domestic content requirements specified in Section 5323(j) of Title 49 of the United States Code, or with any state or local law mandating domestic content in state or local agency procurement or limiting or prohibiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries, are not trade secrets and are public records for purposes of this chapter if the records are prepared, owned, used, or retained by a state or local agency. countries.

(c)Notwithstanding any other law, records

(3) Records of a private industry employer’s compliance with job creation, job quality, or job retention obligations in a contract or agreement with a state or local agency or pursuant to a state or local law are not trade secrets and are public records for purposes of this chapter if the records are prepared, owned, used, or retained by a state or local agency. law.
(b) This section does not require the disclosure of the name and other personal identifying information of an employee that is exempt from disclosure pursuant to this chapter.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 6254.34 to the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
It is in the public interest to ensure that the records identified in Section 1 of this act are not considered trade secrets and are subject to disclosure under the California Public Records Act.