Cartwright Act: Department of Justice: examination of records.

Existing law establishes the Attorney General as the head of the Department of Justice, with charge of all legal matters in which the state is interested, except as specified. Existing law imposes various requirements on the Attorney General related to consumer protection, including, among others, the supervision of charitable trusts and the enforcement of antitrust laws. Existing law, commonly known as the Cartwright Act, identifies certain acts that are unlawful restraints of trade and unlawful trusts. This bill would authorize the Department of Justice to examine all records, files, documents, accounts, and data related to contracts with a public entity that concern a contract amount over $100,000 to identify bid rigging and other violations, as provided. The bill would require a public entity to permit the examination and, upon demand, produce within 30 days, in complete and unredacted form, all books, records, data, contracts, contract proposals, specified electronic communications, and papers in its offices, as prescribed. The bill would define "public entity" to include certain local public entities. By imposing new duties on local public entities, the bill would impose a state-mandated local program. The bill would require the department to pay a fee to the public entity limited to the direct cost of duplication under these provisions, or a statutory fee, if applicable. The bill would require the department to maintain the confidentiality of the documents or information received to the greatest extent required by law. 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.