BILL ANALYSIS Ó
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THIRD READING
Bill No: SCA 3
Author: Leno (D) and Steinberg (D), et al.
Amended: 6/20/13
Vote: 27
PRIOR VOTES NOT RELEVANT
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-0, 6/25/13
AYES: Wolk, Knight, Beall, DeSaulnier, Emmerson, Hernandez, Liu
SENATE APPROPRIATIONS COMMITTEE : 6-0, 6/25/13
AYES: De León, Walters, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Padilla
SUBJECT : Public information
SOURCE : Author
DIGEST : This constitutional amendment places a measure on the
ballot to amend the California Constitution (Cal. Const.) to
require local agencies to comply with the California Public
Records Act (PRA) and the Ralph M. Brown Act (Brown Act), and
any subsequent amendments that further the constitutional
provisions on public access to public agency meetings and
records. This constitutional amendment exempts compliance with
PRA and the Brown Act from state mandate claims.
ANALYSIS : Section 3, Article I of the Cal. Const. states that
the people have the right of access to information concerning
the conduct of the people's business, and therefore, the
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meetings of public bodies and the writings of public officials
and agencies shall be open to public scrutiny (Proposition 59,
2004).
Cal. Const. further states that statutes, court rules, or other
authorities must be broadly construed if they further the
people's right of access, and narrowly construed if they limit
the right of access. A statute, court rule, or other authority
that limits the right of access must be adopted with findings
demonstrating the interest protected by the limitation and the
need for protecting that interest.
Consistent with the Cal. Const., the Brown Act (AB 339, Brown,
1953) and PRA (AB 1381, Bagley, 1968) establish standards for
public agencies' open and public meetings and public access to
the agencies' records.
The Brown Act requires the meetings of local governments'
legislative bodies to be "open and public," thereby ensuring the
people's access to information so they may retain control over
the public agencies that serve them.
The Brown Act prohibits closed meetings, with specified
exceptions, and requires local agencies to post hearing notices,
provide the public with copies of materials distributed during
open meetings, and follow related provisions to enhance public
awareness and access to the meetings and deliberations of local
agencies' legislative bodies.
This constitutional amendment places a measure on the ballot to
amend the Cal. Const. to require local agencies to comply with
the PRA and the Brown Act, and any subsequent amendments that
further the constitutional provisions on public access to public
agency meetings and records. This constitutional amendment
exempts compliance with the PRA and the Brown Act from state
mandate claims.
Comments
According to the author's office, this constitutional amendment
provides that compliance with the PRA and the Brown Act is
essential to implementation of Article 1 Section 3 (b) of the
Cal. Const., that compliance by local agencies with those laws
is a matter of constitutional principle and not just a statutory
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mandate, and that, therefore, the costs incurred by local
agencies for compliance with the statutes are not subject to
reimbursement pursuant to Article XIII B as a state mandated
local program. The author's office further explains that this
constitutional amendment's cross-referencing of the statutory
standards for compliance with the PRA and the Brown Act in
Article I, Section 3 does not "constitutionalize" the PRA and
Brown Act provisions in the sense that it directly adopts the
words of those acts into the Cal. Const. and prevents future
legislative amendment of the statutes. This constitutional
amendment does not do that. Nor does this constitutional
amendment "constitutionalize" the exemptions and limitations
under those statutes. This constitutional amendment does not
change the standards for compliance with those statutes, but
instead provides that compliance with those provisions is a
constitutional mandate and not a state reimbursable mandate
under Section 6 of Article XIII B.
According to the Senate Governance and Finance Committee
analysis, this constitutional amendment will place a measure on
the ballot clarifying that local agencies are responsible for
the cost of complying with constitutional provisions that
guarantee public access to the operations and records of local
agencies and the corresponding requirements of the PRA and the
Brown Act. This constitutional amendment will end long-standing
concerns over how costs for local agency compliance with best
practices for open government are distributed between the state
and local agencies. If passed by the voters, this
constitutional amendment will make clear that the state is
responsible for its costs under the Cal. Const. and open meeting
and open records laws and local agencies are responsible for
their costs under the Cal. Const. and open meeting and open
records laws.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/25/13)
California Newspaper Publishers Association
Common Cause
Consumer Attorneys of California
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AB:k 7/2/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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