BILL NUMBER: SB 1696	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2008

INTRODUCED BY   Senator Yee

                        FEBRUARY 22, 2008

   An act to add Sections 6253.3 and 6253.31 to the Government Code,
relating to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1696, as amended, Yee. California Public Records Act:
disclosure.
   Existing law, the California Public Records Act, requires each
state and local agency to make its records available for public
inspection during office hours and, upon request of any person, to
make copies available upon payment of fees, unless the records are
exempt by law from disclosure.
   This bill would provide that a state or local agency may not
 by confidentiality agreement or other contract make
information confidential or disclosable only with permission of the
other party to the contract, if that information   allow
another party to control the disclosure of information that  is
otherwise subject to disclosure under the act. This bill would state
that this provision is declaratory of existing law.
   This bill would also provide that any contract entered into by a
state or local agency subject to the act, including the University of
California, that requires a private entity to review, audit, or
report on any aspect of that agency shall be public and  to the
extent the contract is  subject to  disclosure under
 the act  , shall be disclosed pursuant to its
provisions, notwithstanding any contrary term in the contract .

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6253.3 is added to the Government Code, to
read:
   6253.3.  A state or local agency may not,  by
confidentiality agreement or other contract, make information
confidential or disclosable only with permission of the other party
to the contract if that information   allow another
party to control the disclosure of information that  is
otherwise subject to disclosure pursuant to this chapter.
  SEC. 2.  Section 6253.31 is added to the Government Code, to read:
   6253.31.   Any   Notwithstanding any contract
term to the contrary, a  contract entered into by a state or
local agency subject to this chapter, including the University of
California, that requires a private entity to review, audit, or
report on any aspect of that agency shall be public  and
  to the extent the contract is otherwise  subject
to disclosure under this chapter.
  SEC. 3.  Section 1 of this act does not constitute a change in, but
is declaratory of, existing law.