BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 563|
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UNFINISHED BUSINESS
Bill No: SB 563
Author: Galgiani (D)
Amended: 8/5/13
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
SENATE FLOOR : 34-0, 5/9/13 (Consent)
AYES: Anderson, Beall, Block, Calderon, Cannella, Corbett,
Correa, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines,
Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,
Knight, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Roth,
Steinberg, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Berryhill, Lara, Pavley, Price, Vacancy,
Vacancy
ASSEMBLY FLOOR : 75-0, 9/3/13 - See last page for vote
SUBJECT : Office of Statewide Health Planning and Development:
hospital construction
SOURCE : California Hospital Association
DIGEST : This bill requires the person or entity requesting a
copy of construction documents maintained by the Office of
Statewide Health Planning and Development (OSHPD) to bear the
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actual cost of producing the copy of those documents, including
staff time spent retrieving, inspecting, and handling the
documents, copying costs, and shipping costs.
Assembly Amendments clarify that the person or entity requesting
documents is required to bear the actual cost of producing the
copies and requires OSHPD to provide an estimate of the costs
before making any copies.
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
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.
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This bill requires the person or entity requesting a copy of
construction documents maintained by OSHPD to bear the actual
cost of producing the copy of those documents, including staff
time spent retrieving, inspecting, and handling the documents,
copying costs, and shipping costs. This bill requires OSHPD to
provide an estimate of the costs described to the requester
before OSHPD begins to make those copies.
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:
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.
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 9/3/13)
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
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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 will protect construction plans of
hospitals when those plans are submitted to OSHPD.
ASSEMBLY FLOOR : 75-0, 9/3/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chesbro, Conway, Cooley, Dahle, Daly,
Dickinson, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia,
Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman,
Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine,
Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina,
Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Chávez, Donnelly, Hall, Vacancy, Vacancy
JL:ej 9/3/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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