BILL ANALYSIS �
SCA 7
Page 1
Date of Hearing: August 17, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SCA 7 (Yee) - As Amended: April 13, 2011
Policy Committee: Governmental
Organization Vote: 15 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This constitutional amendment, if approved by voters, would
require every public body to provide a public notice of its
meetings and disclose any action taken.
FISCAL EFFECT
1)One-time General Fund costs in excess of $250,000 to include
analysis and arguments for and against the measure in the
voter pamphlet for the next statewide election.
2)SCA 7, if approved by the voters, will amend the California
Constitution to provide that the public has the right of
access to notices of public body meetings and disclosure of
actions taken. Costs associated with constitutional
requirements are not reimbursable by the state (Government
Code Section 17514). Therefore, public agency costs
associated with meeting notices and disclosure would not be
reimbursable.
COMMENTS
1)Rationale . According to the author, the current state budget
failed to appropriate money to pay Brown Act claims. Even
though the agenda posting and reporting provisions remain on
the books, as unfunded mandates, the provision is optional and
unenforceable.
The author argues that SCA 7 would guarantee the public's
right under the Ralph M. Brown Act to reasonable notice of the
meetings of local public legislative bodies and to public
SCA 7
Page 2
reports of action taken in closed sessions of those bodies.
The California Newspaper Publishers Association (CNPA), the
sponsor of this constitutional amendment, writes, "Even though
last minute amendments to the 2010-2011 State Budget
reinstated the Brown Act requirements, it did not appropriate
funds for these 'state mandated local programs.' Because of
this anomaly, the Legislative Analyst's Office takes the
position that local government agencies are currently not
required to comply with the agenda posting and reporting out
requirements. Whether this is the legally correct
interpretation or not, the current status of the law has
created intolerable confusion."
2)Related Legislation . SCA 1 (Burton), Statutes of 2004, confers
to the people a right of access to information concerning the
conduct of the people's business. Specifically, this
constitutional amendment provides that the people have a right
of access to information concerning the conduct of
the people's business, and requires meetings of public bodies
and the writings of public officials and agencies to be open
to public scrutiny.
3)Approval by voters . As a constitutional amendment, this
measure requires the approval of the voters to take effect. If
approved by the Legislature, this measure would appear on the
June 2012 statewide primary election ballot.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081