Compare Versions

PDF |Add To My Favorites |Track Bill | print page

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



Current Version: 09/10/19 - Amended Assembly         Compare Versions information image


SB749:v92#DOCUMENT

Amended  IN  Assembly  September 10, 2019
Amended  IN  Assembly  September 06, 2019
Amended  IN  Assembly  September 03, 2019
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 employment terms and conditions of employees working for a private industry employer pursuant to a contract with a public agency, if those wages, benefits, working hours and other employment terms and conditions relate to work performed under the contract, records of compliance with local, state, or federal domestic content 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. The bill, however, would exclude contracts between a public agency and a private industry employer entered into on or after before January 1, 2020, and records that include communications between the state or local agency and specified state or local officials, on matters posing a threat to the security of a public building, a threat to the security of essential public services, or a threat to the public’s right of access to public services or public facilities, from these provisions. Because the bill would require local officials to perform additional duties, it would impose a state-mandated local program.
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.
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.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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) Unless contrary to Section 19542 of the Revenue and Taxation Code, notwithstanding any other law, 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 if those wages, benefits, working hours and other employment terms and conditions relate to work performed under the contract.
(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.
(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. This section does not apply to Section 17059.2 or 23689 of the Revenue and Taxation Code.
(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.
(c) Nothing in this section requires a private industry employer to violate the requirements of a federal contract or any other federal law.
(d) This section shall not apply to contracts between a public agency and a private industry employer entered into on or after before January 1, 2020.
(e) This section shall not apply to records that include communications between the state or local agency and the Governor, Attorney General, district attorney, agency counsel, sheriff or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the security of a public building, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the public’s right of access to public services or public facilities.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 6254.34 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
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.

SEC. 3.

 The Legislature finds and declares that Section 1 of this act, which adds Section 6254.34 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act is necessary to protect sensitive material from public disclosure

SEC. 4.

 No reimbursement is require by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by local agency of school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.