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AB-515 Public records: in-home supportive services and personal care services.(1999-2000)

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Assembly Bill No. 515
CHAPTER 804

An act to add Section 6253.2 to the Government Code, relating to public records, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  October 10, 1999. Approved by Governor  October 07, 1999. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 515, Wright. Public records: in-home supportive services and personal care services.
(1) The California Public Records Act requires that public records be open to inspection at all times during the office hours of state or local agencies and provides that every person may inspect any public record, with specified exceptions.
This bill would specify that information regarding persons paid by the state to provide in-home supportive services or personal care services shall not be subject to public disclosure under the act , except that copies of names, addresses, and telephone numbers of these persons shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to specified provisions of law, subject to specified conditions. Requiring local governmental agencies to disclose this information would impose a state-mandated local program by creating a new duty. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. (3) This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:


SECTION 1.

 Section 6253.2 is added to the Government Code, to read:

6253.2.
 (a) Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuant to Section 14132.95 of the Welfare and Institutions Code, shall not be subject to public disclosure pursuant to this chapter, except as provided in subdivision (b).
(b) Copies of names, addresses, and telephone numbers of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to subdivision (c) of Section 12301.6 or Section 12302 of the Welfare and Institutions Code or Chapter 10 (commencing with Section 3500) of Division 4 of Title 1. This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the labor organization.
(c) This section shall apply solely to individuals who provide services under the In-Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code) or the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code.
(d) Nothing in this section is intended to alter or shall be interpreted to alter the rights of parties under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4) or any other labor relations law.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order that the records of those persons paid by the state to provide in-home supportive services or personal care services may become available at the earliest possible time, it is necessary for this act to take effect immediately.