BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SB 563|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                       CONSENT


          Bill No:  SB 563
          Author:   Galgiani (D)
          Amended:  As introduced
          Vote:     21


           SENATE HEALTH COMMITTEE  :  9-0, 4/24/13
          AYES:  Hernandez, Anderson, Beall, De León, DeSaulnier, Monning,  
            Nielsen, Pavley, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Office of Statewide Health Planning and Development:  
                                                                  
          construction of health facilities

           SOURCE  :     California Hospital Association


           DIGEST  :    This bill requires the person or entity requesting a  
          copy of a plan maintained by the Office of Statewide Health  
          Planning and Development (OSHPD) to bear the cost of producing  
          the copy of that plan.

           ANALYSIS  :    

          Existing law:

          1.Establishes the Alfred E. Alquist Hospital Facilities Seismic  
            Safety Act of 1983 (Seismic Safety Act), which requires OSHPD  
            to propose proper building standards for earthquake  
            resistance, and provide an independent review of the design  
                                                                CONTINUED





                                                                     SB 563
                                                                     Page  
          2

            and construction of hospital buildings.

          2.Requires OSHPD to observe the construction of, reconstruction,  
            or alteration of any hospital building as it deems necessary  
            to comply with the Seismic Safety Act.

          3.Requires the governing authority of each hospital, before  
            adopting any plans for the hospital building, to submit the  
            plans to OSHPD for approval.

          4.Establishes the California Public Records Act (PRA), which  
            requires each state or local agency, upon a request for a copy  
            of records, to make the records promptly available to any  
            person upon payment of fees covering direct costs of  
            duplication, or a statutory fee if applicable.

          5.Defines "public records," for purposes of the PRA, to include  
            any writing containing information relating to the conduct of  
            the public's business prepared, owned, used, or retained by  
            any state or local agency regardless of physical form or  
            characteristics.  Exempts certain types of records from  
            disclosure under the PRA.

          6.Requires certain specified state and local bodies, including  
            OSHPD, to establish written guidelines for accessibility of  
            records under the PRA.

          This bill requires the person or entity requesting a copy of a  
          plan maintained by OSHPD to bear the cost of producing the copy  
          of that plan.

           Background
           
           OSHPD's PRA Guidelines  .  According to OSHPD's guidelines for  
          access to public records under the PRA, in general, all public  
          records are open to inspection by any person on any state  
          business day, unless the records are exempt from disclosure,  
          pursuant to specific provisions of law.  If there is any  
          question as to whether the requested records or "public records"  
          or whether the records are otherwise exempt from disclosure,  
          OSHPD's legal staff will review the records and make a  
          determination.  With regard to requests for copies of records,  
          OSHPD charges the following duplicating costs:


                                                                CONTINUED





                                                                     SB 563
                                                                     Page  
          3

          1.The fee for photocopying 8-1/2" x 11" or 8-1/2" x 14"  
            documents is $0.10 per page.

          2.The fee for computer data will be calculated on a case-by-case  
            basis.  It will be based on staff and processing time, as well  
            as a per-page charge for printouts;

          3.Any applicable statutory fees will be assessed; and,

          4.If the records are mailed to the requester, the requester must  
            pay the cost of postage.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/7/13)

          California Hospital Association (source)
          Association of California Healthcare Districts


           ARGUMENTS IN SUPPORT  :    This bill is sponsored by the  
          California Hospital Association (CHA), which states that OSHPD  
          receives numerous requests to have architectural plans in their  
          office copied.  Plans can be thousands of pages and weigh  
          hundreds of pounds.  CHA states that this bill allows OSHPD to  
          recover all of its costs from such requests.

          The Association of California Healthcare Districts (ACHD) also  
          supports this bill, stating that many district hospitals are in  
          the midst of meeting Seismic Safety Act requirements.  ACHD  
          states that this bill would protect construction plans of  
          hospitals when those plans are submitted to OSHPD.


          JL:ej  5/8/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****





                                                                CONTINUED





                                                                     SB 563
                                                                     Page  
          4














































                                                                CONTINUED