BILL ANALYSIS
AB 2220
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Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Joe Coto, Chair
AB 2220 (Silva) - As Amended: April 5, 2010
SUBJECT : Regional centers: public records.
SUMMARY : Designates regional centers as a local agency and
requires them to be subject to California Public Records Act
(CPRA). Specifically, this bill :
1)Defines "local agency" under the Act to include a regional
center pursuant to the Lanterman Developmental Disabilities
Services Act under the Welfare and Institutions Code.
2)Requires regional centers to be subject to the Act, unless the
records are otherwise exempt, by including them in the
definition of "local agency."
EXISTING LAW :
1)Establishes the Lanterman Developmental Disabilities Services
Act and requires the State Department of Developmental
Services (CDDS) to contract with regional centers to provide
support and services to individuals with developmental
disabilities.
2)Establishes the California Public Records Act and 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 a state or federal law.
FISCAL EFFECT : Unknown.
COMMENTS : This bill is intended to require regional centers to
provide all business and financial information to the public
through the CPRA, upon request.
Background . Regional centers are private, not-for-profit 501
(c) (3) corporations that provide services to California's
disabled individuals. They function as quasi-government
entities that operate, essentially, on DDS's behalf in
implementing the Lanterman Developmental Disabilities Services
AB 2220
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Act. Regional centers argue administrative burdens and cost
pressures when requested to provide information, and that any
records people want can be obtained by CPRA requests to DDS.
That may be true in most circumstances, but that is not always
the case-particularly with recent budget actions that are
reducing regional centers' reporting requirements. In short,
DDS is not receiving information on items that they are used to
(e.g., caseload ratios, rates for facilities, etc.).
In support . Supporters for this bill state that they have
submitted requests to regional centers asking for specific
information. The supporters say they have been unsuccessful in
obtaining data from the state's regional centers. Supporters
say that the public has the right to know how the regional
centers are spending the taxpayer's money and they should be
"obligated to share information with the public?,if requested."
In opposition . Regional centers, being private not-for-profit
501 (c) (3) corporations, and contractors to DDS, assert that
they are mandated to conduct a "myriad of monitoring, oversight,
and reporting requirements to which regional centers are
subject, all of which ensure regional centers' accountability to
the state and public. Opponents to this bill claim that
"regional center information (individually and collectively) can
be obtained through DDS."
Policy consideration . The committee may wish to consider
whether holding regional centers accountable to the public by
requiring them to disclose their information through the
California Public Records Act would hold up to legal scrutiny in
state and federal courts. Regional centers are
quasi-government, not-for-profit 501 (c) (3) and they cannot be
held subject to the standards and provisions that are laid out
in the California Public Records Act. Should this bill become
law, this could open the door on public disclosure on all
not-for-profit designations in the 501 (c) (3) category and
other not-for-profit organizations and corporations.
Prior legislation . SB 218 (Yee, 2009-2010 Legislative Session)
redefines auxiliary organizations of the California State
University, California Community Colleges, and the University of
California as a "local agency" and a "state agency" under the
California Public Records Act. Vetoed by the Governor on
October 11, 2009.
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SB 330 (Yee, 2009-2010 Legislative Session) redefines auxiliary
organizations of the California State University, California
Community Colleges, and the University of California as a "local
agency" and a "state agency" under the California Public Records
Act. In Assembly Higher Education.
SB 1832 (Kehoe, 2005-2006 Legislative Session) provides that a
state agency shall not charge a fee for a copy of a public
record that it is required to disclose if disclosure of the
record is in the public interest because it is likely to
contribute to the public understanding of the operations or
activities of the government and not primarily in the commercial
interest of the requester. Referred to the Senate Judiciary
Committee. Never heard in Committee.
AB 1933 (Pacheco, Chapter 937, Statues of 2004) clarifies an
existing prohibition on obtaining addresses from crime reports
for marketing purposes by specifying that such information may
not be obtained and shared with another for marketing purposes.
AB 2714 (Spitzer, 2003-2004 Legislative Session) repeals the
Legislative Open Records Act and makes the Legislature subject
to the California Public Records Act. Referred to the Assembly
Governmental Organization Committee. Never heard in Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
ResCoalition (Sponsor)
The Arc of California
United Association of California Careproviders (Sponsor)
Opposition
Association of Regional Center Agencies
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531