BILL NUMBER: SB 265	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2015

INTRODUCED BY   Senator Gaines

                        FEBRUARY 18, 2015

    An act to amend Section 4212 of the Public Resources
Code, relating to fire prevention.   An act to add
Section 6254.34 to the Government Code, relating to public records.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 265, as amended, Gaines.  Fire prevention fee.
  Camera footage: private residence: limited disclosure.
 
   (1) The California Public Records Act requires that public records
be open to inspection at all times during the office hours of a
state or local agency and that every person has a right to inspect
any public record, except as specifically provided. The act further
requires that a reasonably segregable portion of a public record be
available for inspection by any person requesting the public record
after deletion of the portions that are exempted by law.  
   This bill would, notwithstanding any other law, prohibit the
disclosure of camera footage of the inside of a private residence,
except for requiring disclosure to an occupant of the private
residence. The bill would define terms for its purposes.  
   (2) 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. 

   (3) 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. 

   (4) 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.  
   Existing law requires the State Board of Forestry and Fire
Protection, on or before September 1, 2011, to adopt emergency
regulations to establish a fire prevention fee in an amount not to
exceed $150 to be charged on each habitable structure on a parcel
that is within a state responsibility area, as defined, and
authorizes the board to annually adjust the fire prevention fee using
prescribed methods.  
   This bill would make a nonsubstantive change to that law.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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) Notwithstanding any other law, camera footage of the
inside of a private residence is confidential and shall not be
disclosed, except that camera footage shall be disclosed to an
occupant of the private residence.
   (b) The following definitions shall apply to this section:
   (1) "Camera footage" means any recording of video, audio, or both,
in a digital or analog format.
   (2) "Occupant" means any person with the legal right to reside in
the private residence, including, but not limited to, a tenant. 

   SEC. 2.    The Legislature finds and declares that
Section 1 of this act, which adds Section 6254.32 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:  
   The need to protect individual privacy from the public disclosure
of images captured by camera footage of the inside of a private
residence outweighs the interest in the public disclosure of that
information. 
   SEC. 3.    The Legislature finds and declares that
Section 1 of this act, which adds Section 6254.32 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: 

   Protecting the privacy of an occupant whose private residence is
captured on camera footage by local law enforcement and other local
governmental entities enhances public safety and the protection of
individual rights, thereby furthering the purposes of Section 3 of
Article I of the California Constitution. 
   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or 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.  
  SECTION 1.    Section 4212 of the Public Resources
Code is amended to read:
   4212.  (a) (1) By September 1, 2011, the board shall adopt
emergency regulations to establish a fire prevention fee for the
purposes of this chapter in an amount not to exceed one hundred fifty
dollars ($150) to be charged on every habitable structure on a
parcel that is within a state responsibility area.
   (2) The Legislature finds and declares that a fire prevention fee
of not more than one hundred fifty dollars ($150) is a reasonable
amount for the necessary fire prevention activities of the state that
benefit the owner of a habitable structure within a state
responsibility area.
   (b) On July 1, 2013, and annually thereafter, the board may adjust
the fire prevention fees imposed pursuant to this chapter to reflect
the percentage of change in the average annual value of the Implicit
Price Deflator for State and Local Government Purchases of Goods and
Services for the United States, as calculated by the United States
Department of Commerce for the 12-month period in the third quarter
of the prior calendar year, as reported by the Department of Finance.

   (c) Emergency regulations adopted pursuant to subdivision (a)
shall be adopted in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of emergency regulations shall be deemed an emergency
and necessary for the immediate preservation of the public peace,
health, and safety, or general welfare.