Bill Text: CA SCA3 | 2013-2014 | Regular Session | Chaptered
Bill Title: Public information.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2013-09-20 - Chaptered by Secretary of State. Res. Chapter 123, Statutes of 2013. [SCA3 Detail]
Download: California-2013-SCA3-Chaptered.html
BILL NUMBER: SCA 3 CHAPTERED
BILL TEXT
CHAPTER 123
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2013
PASSED THE SENATE JULY 3, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE JUNE 20, 2013
AMENDED IN SENATE MAY 21, 2013
INTRODUCED BY Senators Leno and Steinberg
(Principal coauthor: Senator Wolk)
(Principal coauthors: Assembly Members Levine and Stone)
(Coauthor: Senator Galgiani)
(Coauthor: Assembly Member Logue)
DECEMBER 3, 2012
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 3
of Article I and Section 6 of Article XIII B thereof, relating to
public information.
LEGISLATIVE COUNSEL'S DIGEST
SCA 3, Leno. Public information.
The California Constitution provides that the people have the
right of access to information concerning the conduct of the people's
business. The California Constitution requires that the meetings of
public bodies and the writings of public officials and agencies be
open to public scrutiny. The California Constitution requires that
whenever the Legislature or any state agency mandates a new program
or higher level of service on any local government, the state shall
provide a subvention of funds to reimburse the local government for
the costs of the program or increased level of service. The
California Constitution exempts certain mandates from the requirement
to provide a subvention of funds including local agency compliance
with the Ralph M. Brown Act (Brown Act).
The California Public Records Act (CPRA) provides that public
records are open to inspection at all times during the office hours
of the state or local agency that retains those records, and that
every person has a right to inspect any public record, except as
provided. The Brown Act requires each legislative body of a local
agency to provide notice of the time and place for holding regular
meetings and requires that all meetings of a legislative body be open
and public. Under the act, all persons are permitted to attend any
meeting of the legislative body of a local agency, unless a closed
session is authorized.
This measure would require each local agency to comply with the
CPRA and the Brown Act, and with any subsequent statutory enactment
amending either act, enacting a successor act, or amending any
successor act which contains findings demonstrating that the
statutory enactment furthers the purposes of the people's right of
access to information concerning the conduct of the people's
business. The measure would specifically exempt mandates contained
within the scope of those acts, and certain subsequent statutory
enactments that contain findings demonstrating that the statutory
enactment furthers those same purposes, from the requirement to
provide a subvention of funds.
Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2013-14 Regular Session
commencing on the third day of December 2012, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
First-- That Section 3 of Article I thereof is amended to read:
SEC. 3. (a) The people have the right to instruct their
representatives, petition government for redress of grievances, and
assemble freely to consult for the common good.
(b) (1) The people have the right of access to information
concerning the conduct of the people's business, and, therefore, the
meetings of public bodies and the writings of public officials and
agencies shall be open to public scrutiny.
(2) A statute, court rule, or other authority, including those in
effect on the effective date of this subdivision, shall be broadly
construed if it furthers the people's right of access, and narrowly
construed if it limits the right of access. A statute, court rule, or
other authority adopted after the effective date of this subdivision
that limits the right of access shall be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
(3) Nothing in this subdivision supersedes or modifies the right
of privacy guaranteed by Section 1 or affects the construction of any
statute, court rule, or other authority to the extent that it
protects that right to privacy, including any statutory procedures
governing discovery or disclosure of information concerning the
official performance or professional qualifications of a peace
officer.
(4) Nothing in this subdivision supersedes or modifies any
provision of this Constitution, including the guarantees that a
person may not be deprived of life, liberty, or property without due
process of law, or denied equal protection of the laws, as provided
in Section 7.
(5) This subdivision does not repeal or nullify, expressly or by
implication, any constitutional or statutory exception to the right
of access to public records or meetings of public bodies that is in
effect on the effective date of this subdivision, including, but not
limited to, any statute protecting the confidentiality of law
enforcement and prosecution records.
(6) Nothing in this subdivision repeals, nullifies, supersedes, or
modifies protections for the confidentiality of proceedings and
records of the Legislature, the Members of the Legislature, and its
employees, committees, and caucuses provided by Section 7 of Article
IV, state law, or legislative rules adopted in furtherance of those
provisions; nor does it affect the scope of permitted discovery in
judicial or administrative proceedings regarding deliberations of the
Legislature, the Members of the Legislature, and its employees,
committees, and caucuses.
(7) In order to ensure public access to the meetings of public
bodies and the writings of public officials and agencies, as
specified in paragraph (1), each local agency is hereby required to
comply with the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5 of the
Government Code), and with any subsequent statutory enactment
amending either act, enacting a successor act, or amending any
successor act that contains findings demonstrating that the statutory
enactment furthers the purposes of this section.
Second-- That Section 6 of Article XIII B thereof is amended to
read:
SEC. 6. (a) Whenever the Legislature or any state agency
mandates a new program or higher level of service on any local
government, the State shall provide a subvention of funds to
reimburse that local government for the costs of the program or
increased level of service, except that the Legislature may, but need
not, provide a subvention of funds for the following mandates:
(1) Legislative mandates requested by the local agency affected.
(2) Legislation defining a new crime or changing an existing
definition of a crime.
(3) Legislative mandates enacted prior to January 1, 1975, or
executive orders or regulations initially implementing legislation
enacted prior to January 1, 1975.
(4) Legislative mandates contained in statutes within the scope of
paragraph (7) of subdivision (b) of Section 3 of Article I.
(b) (1) Except as provided in paragraph (2), for the 2005-06
fiscal year and every subsequent fiscal year, for a mandate for which
the costs of a local government claimant have been determined in a
preceding fiscal year to be payable by the State pursuant to law, the
Legislature shall either appropriate, in the annual Budget Act, the
full payable amount that has not been previously paid, or suspend the
operation of the mandate for the fiscal year for which the annual
Budget Act is applicable in a manner prescribed by law.
(2) Payable claims for costs incurred prior to the 2004-05 fiscal
year that have not been paid prior to the 2005-06 fiscal year may be
paid over a term of years, as prescribed by law.
(3) Ad valorem property tax revenues shall not be used to
reimburse a local government for the costs of a new program or higher
level of service.
(4) This subdivision applies to a mandate only as it affects a
city, county, city and county, or special district.
(5) This subdivision shall not apply to a requirement to provide
or recognize any procedural or substantive protection, right,
benefit, or employment status of any local government employee or
retiree, or of any local government employee organization, that
arises from, affects, or directly relates to future, current, or past
local government employment and that constitutes a mandate subject
to this section.
(c) A mandated new program or higher level of service includes a
transfer by the Legislature from the State to cities, counties,
cities and counties, or special districts of complete or partial
financial responsibility for a required program for which the State
previously had complete or partial financial responsibility.
