BILL NUMBER: SB 484	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 3, 2011
	AMENDED IN SENATE  MARCH 21, 2011

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 amended, 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. 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.
   (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.
   (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.
   (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, the Bureau of
State Audits,  and  the Legislative Analyst's Office
 , and a Member of the Legislature  . The Joint
Legislative Audit Committee, the Bureau of State Audits,  and
 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. 
   (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  ,   and  the Legislative Analyst's
Office  , and Members of the Legislature  .