California 2019-2020 Regular Session Status: Passed Senate 1 D cosponsors

SB 749 — California Public Records Act: trade secrets.

Last action — Ordered to third reading.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 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.

Bill Text

Action History

  1. Ordered to third reading.

  2. From inactive file.

  3. Notice of intention to remove from inactive file given by Assembly Member Gonzalez.

  4. Ordered to inactive file on request of Assembly Member Calderon.

  5. Ordered to third reading.

  6. Withdrawn from committee.

  7. Assembly Rule 96 suspended. (Ayes 60. Noes 17. Page 3512.)

  8. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  9. Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  10. Ordered to third reading.

  11. Read third time and amended. (Ayes 43. Noes 16. Page 3077.)

  12. Read second time. Ordered to third reading.

  13. Read second time and amended. Ordered to second reading.

  14. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 30).

  15. July 10 set for first hearing. Placed on APPR. suspense file.

  16. Read second time and amended. Re-referred to Com. on APPR.

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (June 18).

  18. Referred to Com. on JUD.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 21. Noes 12. Page 1383.) Ordered to the Assembly.

  21. Read second time. Ordered to third reading.

  22. Ordered to second reading.

  23. Read third time and amended.

  24. Read second time. Ordered to third reading.

  25. From committee: Do pass. (Ayes 4. Noes 2. Page 1108.) (May 16).

  26. Set for hearing May 16.

  27. May 13 hearing: Placed on APPR. suspense file.

  28. Set for hearing May 13.

  29. Read second time and amended. Re-referred to Com. on APPR.

  30. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 800.) (April 23).

  31. Set for hearing April 23.

  32. Re-referred to Com. on JUD.

  33. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  34. Referred to Com. on RLS.

  35. Read first time.

  36. From printer. May be acted upon on or after March 27.

  37. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 10 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 749 Durazo Senate Third Reading By Gonzalez Amendment Set #1

Passed 43 Yea · 16 Nay · 20 Other
Party YeaNayPresentNot Voting
Unaffiliated 3011011
Democratic 13009
Republican 0500
Total 4316020
% of votes cast 54%20%0%25%
How each member voted (79)
Member Party Vote
Salas — Yea
Frazier — Yea
Cooley — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Santiago — Yea
Chiu — Yea
Holden — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Fong — Nay
Voepel — Nay
Brough — Nay
Kiley — Nay
Mayes — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Cunningham — Nay
Smith — Not Voting
Diep — Not Voting
Bloom — Not Voting
Rodriguez — Not Voting
Gray — Not Voting
Daly — Not Voting
Eggman — Not Voting
Maienschein — Not Voting
Burke — Not Voting
Cooper — Not Voting
Waldron — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Limón, Monique Democratic Not Voting
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 8500
Total 12501
% of votes cast 67%28%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Fong — Nay
Obernolte — Nay
Brough — Nay
Bigelow — Nay
Diep — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Rivas, Robert Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4201
Democratic 4000
Republican 0100
Total 8301
% of votes cast 67%25%0%8%
How each member voted (12)
Member Party Vote
Chiu — Yea
Holden — Yea
Chau — Yea
Obernolte — Nay
Kiley — Nay
Maienschein — Not Voting
Mark Stone — Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

3rd Reading

Passed 21 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 7101
Unaffiliated 14904
Republican 0200
Total 211205
% of votes cast 55%32%0%13%
How each member voted (38)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Pan — Yea
Beall — Yea
Atkins — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Skinner — Yea
Allen — Yea
Hertzberg — Yea
Portantino — Yea
Dodd — Nay
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Rubio — Not Voting
Galgiani — Not Voting
Hill — Not Voting
Glazer — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Nay
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Republican 0100
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Portantino — Yea
Wieckowski — Yea
Bates — Nay
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 7 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 3100
Republican 0100
Total 7200
% of votes cast 78%22%0%0%
How each member voted (9)
Member Party Vote
Allen — Yea
Monning — Yea
Wieckowski — Yea
Borgeas — Nay
Caballero, Anna M. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does SB 749 do?
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 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.
Who sponsors SB 749?
SB 749 is sponsored by Durazo, Maria Elena (Democratic).
What is the current status of SB 749?
This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 749?
Track SB 749 free on One Click Politics — get push/email alerts when it moves.

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