BILL NUMBER: SB 484	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Rubio

                        FEBRUARY 17, 2011

   An act to amend Section 6254.14 of the Government Code, relating
to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 484, as introduced, Rubio. Public records: health care services
contract records.
   The Public Records Act provides that records of the Department of
Corrections and Rehabilitation that relate to health care services
contract negotiations, and that reveal the deliberative processes,
discussions, communications, or other portion of the negotiations,
are not subject to disclosure until one year after the contract is
fully executed, except that the portion of a contract that contains
the rates of payment is not open to inspection until 3 years after a
contract or amendment is fully executed. The entire contract or
amendment is immediately open to inspection by the Joint Legislative
Audit Committee and the Bureau of State Audits, subject to specified
conditions.
   The act also exempts from disclosure under its provisions, records
the disclosure of which is exempted or prohibited under provisions
of the Evidence Code relating to privilege.
   This bill would include the Legislative Analyst's Office and
Members of the Legislature among those entities authorized to inspect
the entire contract or amendment, subject to those specified
conditions, and make a clarifying change. It would specify that this
authorization applies notwithstanding a provision of the Evidence
Code permitting an owner of a trade secret to invoke a privilege
against disclosure of that secret.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 6254.14 of the Government Code is amended to
read:
   6254.14.  (a)    (1)  Except as provided in
Sections 6254 and 6254.7, nothing in this chapter shall be construed
to require disclosure of records of the Department of Corrections and
Rehabilitation that relate to health care services contract
negotiations, and that reveal the deliberative processes,
discussions, communications, or any other portion of the
negotiations, including, but not limited to, records related to those
negotiations such as meeting minutes, research, work product,
theories, or strategy of the department, or its staff, or members of
the California Medical Assistance Commission, or its staff, who act
in consultation with, or on behalf of, the department. 
   Except 
    (2)     Except  for the portion of a
contract that contains the rates of payment, contracts for health
services entered into by the Department of Corrections and
Rehabilitation or the California Medical Assistance Commission on or
after July 1, 1993, shall be open to inspection one year after they
are fully executed. In the event that a contract for health services
that is entered into prior to July 1, 1993, is amended on or after
July 1, 1993, the amendment, except for any portion containing rates
of payment, shall be open to inspection one year after it is fully
executed. 
   Three 
    (3)     Three  years after a contract
or amendment is open to inspection under this subdivision, the
portion of the contract or amendment containing the rates of payment
shall be open to inspection. 
   Notwithstanding 
    (4)     (A)    
Notwithstanding  any other provision of law,  including, but
not limited to, Section 1060 of the Evidence Code,  the entire
contract or amendment shall be open to inspection by the Joint
Legislative Audit Committee  ,   and  the
Bureau of State Audits  , the Legislative Analyst's Office, and a
Member of the Legislature, when the contract or amendment has been
fully executed  . The Joint Legislative Audit Committee  ,
  and  the Bureau of State Audits  , the
Legislative Analyst's Office, and the Member of the Legislature 
shall maintain the confidentiality of the contracts and amendments
until the contract or amendment is fully open to inspection by the
public. 
   (B) A request for information described in this section made by a
Member of the Legislature to the Bureau of State Audits shall be
deemed a request for inspection by that Member pursuant to this
paragraph.  
   It 
    (5)     It  is the intent of the
Legislature that confidentiality of health care provider contracts,
and of the contracting process as provided in this subdivision, is
intended to protect the competitive nature of the negotiation
process, and shall not affect public access to other information
relating to the delivery of health care services.
   (b) The inspection authority and confidentiality requirements
established in subdivisions (q), (v), and (y) of Section 6254 for the
Legislative Audit Committee shall also apply to the Bureau of State
Audits  , the Legislative Analyst's Office, and Members of the
Legislature  .