Bill Text: CA SCA7 | 2011-2012 | Regular Session | Amended
Bill Title: Public bodies: meetings.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-08-25 - Set, second hearing. Held in committee and under submission. [SCA7 Detail]
Download: California-2011-SCA7-Amended.html
BILL NUMBER: SCA 7 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2011
AMENDED IN SENATE APRIL 7, 2011
INTRODUCED BY Senator Yee
( Principal coauthor: Assembly Member
Jeffries )
JANUARY 10, 2011
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 thereof, relating to meetings of public bodies.
LEGISLATIVE COUNSEL'S DIGEST
SCA 7, as amended, Yee. Public bodies: meetings.
The California Constitution requires meetings of public bodies to
be open to public scrutiny.
This measure would also include in the California Constitution the
requirement that each public body provide public notice of its
meetings and disclose any action taken.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2011-12 Regular Session
commencing on the sixth day of December 2010, 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:
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
to access 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. Each public body shall provide public notice of its
meetings and shall publicly disclose any action taken.
(2) A statute, court rule, or other authority, including those in
effect on November 3, 2004, 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 November 3, 2004, 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 November 3, 2004, 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.
