BILL NUMBER: AB 1752	CHAPTERED  07/12/02

	CHAPTER  156
	FILED WITH SECRETARY OF STATE  JULY 12, 2002
	APPROVED BY GOVERNOR  JULY 11, 2002
	PASSED THE SENATE  JUNE 27, 2002
	PASSED THE ASSEMBLY  MAY 2, 2002
	AMENDED IN ASSEMBLY  APRIL 9, 2002

INTRODUCED BY   Assembly Member Migden

                        JANUARY 7, 2002

   An act to amend Section 11125.1 of the Government Code, relating
to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1752, Migden.  Public records.
   The Bagley-Keene Open Meeting Act generally requires that meetings
of state bodies, as defined, be conducted openly.  That act
generally requires that public writings, pertaining to a matter
subject to discussion or consideration at a public meeting, that are
distributed to a majority of the members of the state body shall be
made available for public inspection.  The act requires that, in the
case of the Franchise Tax Board, prior to that state body taking
final action on any item, writings pertaining to that item that are
public records that are distributed to members of the state body by
board staff or individual members prior to or during a meeting shall
be made available for public inspection at that meeting, distributed
to all persons who request notice in writing, and made available on
the Internet.
   This bill would make these requirements imposed on the Franchise
Tax Board also applicable to the State Board of Equalization with
respect to writings pertaining to any item that does not involve a
named tax or fee payer.  The bill would require the State Board of
Equalization to distribute the writings, as specified, to all persons
who request or have requested copies of these writings.


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


  SECTION 1.  Section 11125.1 of the Government Code is amended to
read:
   11125.1.  (a) Notwithstanding Section 6255 or any other provisions
of law, agendas of public meetings and other writings, when
distributed to all, or a majority of all, of the members of a state
body by any person in connection with a matter subject to discussion
or consideration at a public meeting of the body, are disclosable
public records under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), and shall
be made available upon request without delay.  However, this section
shall not include any writing exempt from public disclosure under
Section 6253.5, 6254, or 6254.7 of this code, or Section 489.1 or 583
of the Public Utilities Code.
   (b) Writings that are public records under subdivision (a) and
that are distributed to members of the state body prior to or during
a meeting, pertaining to any item to be considered during the
meeting, shall be made available for public inspection at the meeting
if prepared by the state body or a member of the state body, or
after the meeting if prepared by some other person.
   (c) In the case of the Franchise Tax Board, prior to that state
body taking final action on any item, writings pertaining to that
item that are public records under subdivision (a) that are
distributed to members of the state body by board staff or individual
members prior to or during a meeting shall be:
   (1) Made available for public inspection at that meeting.
   (2) Distributed to all persons who request notice in writing
pursuant to subdivision (a) of Section 11125.
   (3) Made available on the Internet.
   (d) Prior to the State Board of Equalization taking final action
on any item that does not involve a named tax or fee payer, writings
pertaining to that item that are public records under subdivision (a)
that are prepared and distributed by board staff or individual
members to members of the state body prior to or during a meeting
shall be:
   (1) Made available for public inspection at that meeting.
   (2) Distributed to all persons who request or have requested
copies of these writings.
   (3) Made available on the Internet.
   (e) Nothing in this section shall be construed to prevent a state
body from charging a fee or deposit for a copy of a public record
pursuant to Section 6257.  The writings described in subdivision (b)
are subject to the requirements of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), and shall not be construed to limit or delay the public's right
to inspect any record required to be disclosed by that act, or to
limit the public's right to inspect any record covered by that act.
This section shall not be construed to be applicable to any writings
solely because they are properly discussed in a closed session of a
state body.  Nothing in this article shall be construed to require a
state body to place any paid advertisement or any other paid notice
in any publication.
   (f) "Writing" for purposes of this section means "writing" as
defined under Section 6252.