Bill Text: CA AB2058 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Open meetings.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Vetoed) 2014-09-27 - Vetoed by Governor. [AB2058 Detail]

Download: California-2013-AB2058-Introduced.html

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BILL NUMBER: AB 2058	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wilk
   (Coauthor: Senator DeSaulnier)

                        FEBRUARY 20, 2014

   An act to amend Section 11121 of the Government Code, relating to
state government, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2058, as introduced, Wilk. Open meetings.
   The Bagley-Keene Open Meeting Act requires that all meetings of a
state body, as defined, be open and public and that all persons be
permitted to attend and participate in any meeting of a state body,
subject to certain conditions and exceptions.
   This bill would modify the definition of "state body" to exclude
an advisory body with less than 3 individuals, except for certain
standing committees. This bill would also make legislative findings
and declarations in this regard.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The unpublished decision of the Third District Court of
Appeals in Funeral Security Plans v. State Board of Funeral Directors
(1994) 28 Cal. App.4th 1470 is an accurate reflection of legislative
intent with respect to the applicability of the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code)
(Bagley-Keene Act) to a two-member standing advisory committee of a
state body. A two-member standing committee of a state body, even if
operating solely in an advisory capacity, already is a "state body,"
as defined in subdivision (d) of Section 11121 of the Government
Code, irrespective of its size, if a member of the state body sits on
the committee and the committee receives funds from the state body.
For this type of two-member standing advisory committee, this bill is
declaratory of existing law.
   (b) A two-member standing committee of a state body, even if
operating solely in an advisory capacity, already is a "state body,"
as defined in subdivision (b) of Section 11121 of the Government
Code, irrespective of its composition, if it exercises any authority
of a state body delegated to it by that state body. For this type of
two-member standing advisory committee, this bill is declaratory of
existing law.
   (c) All two-member standing advisory committees of a local body
are subject to open meeting requirements under the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2
of Title 5 of the Government Code) (Brown Act). It is the intent of
the Legislature in this act to reconcile language in the Brown Act
and Bagley-Keene Act with respect to all two-member standing advisory
committees, including, but not limited to, those described in
subdivisions (a) and (b).
  SEC. 2.  Section 11121 of the Government Code is amended to read:
   11121.  As used in this article, "state body" means each of the
following:
   (a) Every state board, or commission, or similar multimember body
of the state that is created by statute or required by law to conduct
official meetings and every commission created by executive order.
   (b) A board, commission, committee, or similar multimember body
that exercises any authority of a state body delegated to it by that
state body.
   (c) An advisory board, advisory commission, advisory committee,
advisory subcommittee, or similar multimember advisory body of a
state body, if created by formal action of the state body or of any
member of the state body  , and if the advisory body so
created consists of three or more persons  .  Advisory
bodies created to consist of fewer than three individuals are not a
state body, except that standing committees of a state body,
irrespective of their composition, which have a continuing subject
matter jurisdiction, or a meeting schedule fixed by resolution,
policies, bylaws, or formal action of a state body are state bodies
for the purposes of this chapter. 
   (d) A board, commission, committee, or similar multimember body on
which a member of a body that is a state body pursuant to this
section serves in his or her official capacity as a representative of
that state body and that is supported, in whole or in part, by funds
provided by the state body, whether the multimember body is
organized and operated by the state body or by a private corporation.

  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 to avoid unnecessary litigation and ensure the people's
right to access of the meetings of public bodies pursuant to Section
3 of Article 1 of the California Constitution, it is necessary that
act take effect immediately.