BILL NUMBER: AB 2220	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 18, 2010

    An act to amend Section 4417 of the Welfare and
Institutions Code, relating to developmental disabilities. 
 An act to amend Section 6252 of the Government Code, relating to
regional centers. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2220, as amended, Silva.  State Department of
Developmental Services.   Regional centers: public
records.  
   Under existing law, the Lanterman Developmental Disabilities
Services Act, the State Department of Developmental Services
contracts with regional centers to provide support and services to
individuals with developmental disabilities.  
   Existing law, the California Public Records Act, requires state
and local agencies to make their records available for public
inspection and to make copies available upon request and payment of a
fee unless the records are otherwise exempt from disclosure by state
or federal law. 
   This bill would expressly subject regional centers to the
California Public Records Act, unless the records are otherwise
exempt, by including regional centers in the definition of local
agencies for the purposes of the act.  
   Existing law establishes the State Department of Developmental
Services and sets forth the duties of the department and activities
in which the department may engage.  
   This bill would make nonsubstantive, technical changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 6252 of the  
Government Code   is amended to read: 
   6252.  As used in this chapter:
   (a) "Local agency" includes a county; city, whether general law or
chartered; city and county; school district; municipal corporation;
district; political subdivision; or any board, commission or agency
thereof; other local public agency; or entities that are legislative
bodies of a local agency pursuant to subdivisions (c) and (d) of
Section 54952.  For the purposes of this chapter, "local agency"
also includes a regional center pursuant to the Lanterman
Developmental Disabilities Act (Divis   ion 4.5 (commencing
with Section 4500) of the Welfare and Institutions Code). 
   (b) "Member of the public" means any person, except a member,
agent, officer, or employee of a federal, state, or local agency
acting within the scope of his or her membership, agency, office, or
employment.
   (c) "Person" includes any natural person, corporation,
partnership, limited liability company, firm, or association.
   (d) "Public agency" means any state or local agency.
   (e) "Public records" includes 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. "Public records" in the custody of, or
maintained by, the Governor's office means any writing prepared on or
after January 6, 1975.
   (f) "State agency" means every state office, officer, department,
division, bureau, board, and commission or other state body or
agency, except those agencies provided for in Article IV (except
Section 20 thereof) or Article VI of the California Constitution.
   (g) "Writing" means any handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing any form of communication or representation, including
letters, words, pictures, sounds, or symbols, or combinations
thereof, and any record thereby created, regardless of the manner in
which the record has been stored. 
  SECTION 1.    Section 4417 of the Welfare and
Institutions Code is amended to read:
   4417.  The State Department of Developmental Services may:
   (a) Disseminate educational information relating to the
prevention, diagnosis, and treatment of mental retardation.
   (b) Upon request, advise any public officer, organization, or
agency interested in the developmental disabilities of the people of
the state.
   (c) Conduct educational and related work that will encourage the
development of proper developmental disabilities facilities
throughout the state.
   The department may organize, establish, and maintain community
mental hygiene clinics for the prevention, early diagnosis, and
treatment of mental retardation. These clinics may be maintained only
for persons not requiring institutional care and who voluntarily
seek the aid of the clinics. These clinics may be maintained at the
locations in the communities of the state designated by the director,
or at any institution under the jurisdiction of the department
designated by the director.
   The department may establish rules and regulations necessary to
carry this section. This section shall not authorize any form of
compulsory medical or physical examination, treatment, or control of
any person.