Tribal financial information: public records: exemption.

Plain English Breakdown

Checked against official source text during the last sync.

Tribal Financial Information: Keeping it Private

This law makes financial information that Indian tribes give to state or local agencies private and not open for public viewing.

What This Bill Does

• Makes any record with financial details given by an Indian tribe to a state or local agency confidential, meaning the public cannot see it.
• Requires agreements between state/local agencies and Indian tribes about financial help to include that all shared financial information stays private.
• Adds this new rule to the list of types of records that don't have to be made public under California's Public Records Act.

Who It Names or Affects

• Indian tribes providing financial details to state or local agencies for assistance.
• State and local agencies receiving financial information from Indian tribes.
• The general public who would normally have access to such records.

Terms To Know

California Public Records Act

A law that says state and local agency records must be open for the public to see, unless there's a specific reason they can't be seen.

State-mandated local program

When the state government requires local governments to do something new or different.

Limits and Unknowns

• The law does not specify when it will take effect.
• It is unclear how much this change will cost local agencies and if they will be reimbursed by the state.

Official Summary Text

AB 1004, Wallis.
Tribal financial information: public records: exemption.
Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law.
This bill would make any record that contains financial information provided by an Indian tribe to a state or local agency, as a condition of or requirement for receiving financial assistance to be confidential, not a public record, and not open to public inspection. The bill would require each state or local agency agreement or contract with an Indian tribe related to financial assistance to contain a provision stating that any financial information disclosed pursuant to the agreement or contract shall remain confidential, shall not be a public record, and shall not be open to public inspection. By imposing
additional duties on local agencies, this bill would impose a state-mandated local program.
The act specifically exempts from disclosure records that are exempted or prohibited from disclosure by federal or state law and lists records subject to that exemption, specifying that the listed exemptions are not inclusive of all exemptions under the act.
This bill would revise the list of exempted records to add the above-described exemption.
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.
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.
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.

Current Bill Text

Download Bill PDF