BILL NUMBER: SB 484	CHAPTERED
	BILL TEXT

	CHAPTER  336
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2011
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2011
	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  AUGUST 29, 2011
	AMENDED IN ASSEMBLY  JULY 11, 2011
	AMENDED IN ASSEMBLY  JUNE 8, 2011
	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, 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 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.


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) 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. The Joint Legislative Audit Committee, the Bureau
of State Audits, and the Legislative Analyst's Office shall maintain
the confidentiality of the contracts and amendments until the
contract or amendment is fully open to inspection by the public.
   (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.