Amendment
Bill No. 7169
Amendment No. 242725
CHAMBER ACTION
Senate House
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1Representative(s) Grant offered the following:
2
3     Amendment
4     Remove lines 162 through 166 and insert:
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6information and traditionally is private. The Legislature finds
7that the internal audit process, and therefore accountability to
8the public, will be damaged if records relating to an incomplete
9internal audit or investigation are made public. The Legislature
10finds that although the association is an agency within the
11meaning of the public records and open meetings laws, the
12association essentially operates as a private business. Its core
13function is to engage in the business of providing workers'
14compensation insurance coverage, as distinguished from an agency
15whose core functions are governmental in nature. The association
16does not exercise the authority or perform the functions of a
17department or political subdivision, and lacks the power to
18enforce laws. The Legislature further finds that the general
19exemptions in chapters 119 and 286 relating to records created
20by attorneys and communications with attorneys are designed to
21address the needs of agencies providing governmental functions
22and are generally limited to matters relating to litigation and
23adversarial administrative matters. As distinguished from
24agencies providing governmental functions, the association
25receives the advice of counsel on the entire range of matters on
26which a similarly situated private business would receive advice
27of counsel, including matters that do not involve litigation or
28adversarial administrative matters. These include, but are not
29limited to, legal advice relating to business negotiations with
30private entities which provide the association with reinsurance,
31policy issuance, policy administration, underwriting, and
32payroll audit services, with insurance agents who may act as
33producers of insurance business to the association, and with
34other entities which provide services to private market
35insurers. Accordingly, the Legislature finds that the
36association would not be able to carry out its core business
37functions effectively without the free and confidential exchange
38of attorneys' mental impressions, conclusions, litigation
39strategies, and legal theories, both as to business matters and
40as to litigation and adversarial administrative matters.


CODING: Words stricken are deletions; words underlined are additions.