1 | Representative(s) Grant offered the following: |
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3 | Amendment |
4 | Remove lines 162 through 166 and insert: |
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6 | information and traditionally is private. The Legislature finds |
7 | that the internal audit process, and therefore accountability to |
8 | the public, will be damaged if records relating to an incomplete |
9 | internal audit or investigation are made public. The Legislature |
10 | finds that although the association is an agency within the |
11 | meaning of the public records and open meetings laws, the |
12 | association essentially operates as a private business. Its core |
13 | function is to engage in the business of providing workers' |
14 | compensation insurance coverage, as distinguished from an agency |
15 | whose core functions are governmental in nature. The association |
16 | does not exercise the authority or perform the functions of a |
17 | department or political subdivision, and lacks the power to |
18 | enforce laws. The Legislature further finds that the general |
19 | exemptions in chapters 119 and 286 relating to records created |
20 | by attorneys and communications with attorneys are designed to |
21 | address the needs of agencies providing governmental functions |
22 | and are generally limited to matters relating to litigation and |
23 | adversarial administrative matters. As distinguished from |
24 | agencies providing governmental functions, the association |
25 | receives the advice of counsel on the entire range of matters on |
26 | which a similarly situated private business would receive advice |
27 | of counsel, including matters that do not involve litigation or |
28 | adversarial administrative matters. These include, but are not |
29 | limited to, legal advice relating to business negotiations with |
30 | private entities which provide the association with reinsurance, |
31 | policy issuance, policy administration, underwriting, and |
32 | payroll audit services, with insurance agents who may act as |
33 | producers of insurance business to the association, and with |
34 | other entities which provide services to private market |
35 | insurers. Accordingly, the Legislature finds that the |
36 | association would not be able to carry out its core business |
37 | functions effectively without the free and confidential exchange |
38 | of attorneys' mental impressions, conclusions, litigation |
39 | strategies, and legal theories, both as to business matters and |
40 | as to litigation and adversarial administrative matters. |