BILL NUMBER: SB 919	CHAPTERED  09/22/05

	CHAPTER  274
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2005
	PASSED THE SENATE  AUGUST 29, 2005
	PASSED THE ASSEMBLY  AUGUST 15, 2005
	AMENDED IN ASSEMBLY  JULY 13, 2005
	AMENDED IN ASSEMBLY  JUNE 28, 2005
	AMENDED IN ASSEMBLY  JUNE 16, 2005
	AMENDED IN SENATE  APRIL 20, 2005

INTRODUCED BY   Senator Cox

                        FEBRUARY 22, 2005

   An act to add Section 11126.4 to the Government Code, relating to
open meetings.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 919, Cox  Meetings.
   (1) The Bagley-Keene Open Meeting Act requires, with specified
exceptions for authorized closed sessions, that all meetings of a
state body be open and public and all persons be permitted to attend
meetings of a state body.
   This bill would authorize the California Gambling Control
Commission to hold closed sessions, as specified, when discussing
matters that are confidential pursuant to the Tribal-State Gaming
Compacts.
   (2) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   This bill would find that, in order for the California Gambling
Control Commission to meet its obligation, as imposed by the
Tribal-State Gaming Compacts, to maintain the confidentiality of
trade secrets, nonpublic financial data, and other confidential or
proprietary data and information, it is necessary that the commission
meet in closed session.


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


  SECTION 1.  Section 11126.4 is added to the Government Code, to
read:
   11126.4.  (a) Nothing in this article shall be construed to
prevent the California Gambling Control Commission from holding a
closed session when discussing matters involving trade secrets,
nonpublic financial data, confidential or proprietary information,
and other data and information, the public disclosure of which is
prohibited by law or a tribal-state gaming compact.
   (b) Discussion in closed session authorized by this section shall
be limited to the confidential data and information related to the
agendized item and shall not include discussion of any other
information or matter.
   (c) Before going into closed session the commission shall publicly
announce the type of data or information to be discussed in closed
session, which shall be recorded upon the commission minutes.
   (d) Action taken on agenda items discussed pursuant to this
section shall be taken in open session.
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act imposes a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:
   In order for the California Gambling Control Commission to meet
its obligation, as imposed by the Tribal-State Gaming Compacts, to
maintain the confidentiality of tribal information, it is necessary
that the commission meet in closed session.
  SEC. 3.  The provisions of this act shall remain in effect after
December 31, 2010, unless the Legislature acts to repeal these
provisions.