BILL ANALYSIS Ó
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Date of Hearing: August 22, 2013
ASSEMBLY COMMITTEE ON BUDGET
Nancy Skinner, Chair
SCA 3 (Leno and Steinberg) - As Amended: August 15, 2013
SENATE VOTE : 37-0
SUBJECT : Public Information.
SUMMARY : Proposes amendments to the California Constitution
(Constitution) to require local agencies to comply with the
California Public Records Act (CPRA) and the Ralph M. Brown Act
(Brown Act) and exempt the state from reimbursing local agencies
for related costs. Specifically, this bill :
1)Proposes an amendment to the Constitution to require each
local agency to comply with the CPRA and the Brown Act, and to
comply with any subsequent statutory enactment amending either
act, enacting a successor act, or amending any successor act
that contains findings demonstrating that the statutory
enactment furthers the purposes of Section 3 of Article I of
the Constitution.
2)Proposes an amendment to the Constitution that provides that
the Legislature may, but need not, reimburse local agencies
for legislative mandates contained in the CPRA or the Brown
Act.
EXISTING LAW provides that the people have the right of access
to 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.
Provides 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.
Requires the state to reimburse local governments for the cost
of new programs or higher levels of service mandated by the
Legislature or any state agency. Provides the following
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exceptions: mandates requested by the affected local agency;
legislation defining a new crime or changing an existing
definition of a crime; or mandates enacted prior to 1975, or
executive orders or regulations initially implementing such
legislation.
Establishes standards for local public agencies' open and public
meetings pursuant to the Brown Act. Requires the meetings of
local governments' legislative bodies to be "open and public,"
ensuring the people's access to information so they may retain
control over the public agencies that serve them.
Provides for public access to public agencies' records pursuant
to the CPRA. Requires, with specified exceptions that public
records be open to inspection and that every person has the
right to inspect any public record.
FISCAL EFFECT : One-time General Fund costs of about $220,000
to include an analysis of this measure, and arguments for and
against the measure, in the state voter pamphlet.
Unknown future state General Fund savings, from relieving the
state from reimbursement for mandated costs related to the CPRA
and the Brown Act.
COMMENTS : This bill proposes amendments to the Constitution
that would require local agencies to comply with the CPRA and
the Brown Act, and would exempt the state from reimbursing local
agencies for these costs. If enacted, SCA 3 would appear on the
ballot in the next statewide election in June of 2014.
The Commission on State Mandates (Commission) issued a Statement
of Decision on May 11, 2011 (Case No.: 02-TC-10 and 02-TC-51),
determining that a number of provisions in the CPRA impose
reimbursable state-mandated programs on local agencies.
Although the core provisions of the CPRA were enacted in 1968,
and are thus not subject to state-reimbursement, this test claim
found that certain provisions enacted after 1975 are
reimbursable state-mandated activities, including the following:
1)Providing a copy of public records in an electronic format
used by the agency;
2)Notifying a requesting party whether records are public and
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subject to disclosure within 10 days, and the reasons for that
determination;
3)Providing a reason to a requesting party if an extension of
the 10-day period is necessary due to unusual circumstances;
4)Providing assistance to the public in identifying and locating
public records; and,
5)Redacting or withholding home address and telephone contact
information of school district employees from public records
that are subject to disclosure.
The Commission adopted Parameters and Guidelines (P&Gs) on this
test claim on April 19, 2013, which provides guidance to local
agencies seeking reimbursement, but has not adopted a statewide
cost estimate. The statewide cost estimate provides the
Legislature with an estimate of the projected annual General
Fund costs associated with the mandate.
The Governor's 2013-14 Budget proposed to suspend a number of
mandates, including the CPRA mandate. As part of the budget
trailer bills, the Legislature approved AB 76 (Committee on
Budget), which recast certain provisions of the CPRA as best
practices and thereby made local agency compliance optional with
respect to specified provisions that were deemed to be
reimbursable state mandates. In response to concerns, a
substitute bill, SB 71 (Committee on Budget and Fiscal Review),
that included all of the provisions of AB 76, excluding those
related to the CPRA mandate and an additional mandate related to
local agency ethics training, was passed by the Legislature.
The Governor signed SB 71 and vetoed AB 76.
This Constitutional amendment will clarify through the ballot
process that local agencies are responsible for costs of
complying with the constitutional provisions that guarantee
public access to the operations and records of local agencies
included in the CPRA and the Brown Act. This amendment will
address the concerns over how costs for local agency compliance
with best practices for open government are distributed between
state and local agencies.
REGISTERED SUPPORT / OPPOSITION :
Support
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California Newspaper Publishers Association
Opposition
Association of California Water Agencies
Analysis Prepared by : Genevieve Morelos / BUDGET / (916)
319-2099