AB 85, as introduced, Wilk. Open meetings.
The Bagley-Keene Open Meeting Act requires that all meetings of a state body, as defined, be open and public and that all persons be permitted to attend and participate in a meeting of a state body, subject to certain conditions and exceptions.
This bill would specify that the definition of “state body” includes an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body that consists of 3 or more individuals, as prescribed, except a board, commission, committee, or similar multimember body on which a member of a body serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation.
This bill would make legislative findings and declarations, including, but not limited to, a statement of the Legislature’s intent that this bill is declaratory of existing law.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) The unpublished decision of the Third District Court of
4Appeals in Funeral Security Plans v. State Board of Funeral
5Directors (1994) 28 Cal. App.4th 1470 is an accurate reflection of
6legislative intent with respect to the applicability of the
7Bagley-Keene Open Meeting Act (Article 9 (commencing with
8Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
9the Government Code) to a two-member standing advisory
10committee of a state body.
11(b) A two-member committee of a state body, even if operating
12solely in an advisory capacity, already is a “state body,” as defined
13in subdivision (d) of Section 11121 of
the Government Code, if a
14member of the state body sits on the committee and the committee
15receives funds from the state body.
16(c) It is the intent of the Legislature that this bill is declaratory
17of existing law.
Section 11121 of the Government Code is amended
19to read:
As used in this article, “state body” means each of the
21following:
22(a) Every state board, or commission, or similar multimember
23body of the state that is created by statute or required by law to
24conduct official meetings and every commission created by
25executive order.
26(b) A board, commission, committee, or similar multimember
27body that exercises any authority of a state body delegated to it by
28that state body.
29(c) An advisory board, advisory commission, advisory
30committee, advisory subcommittee, or similar multimember
31advisory body of a state body, if created by formal action of the
32state body or of any member of the
state body, and if the advisory
33body so created consists of three or morebegin delete persons.end deletebegin insert
persons, except
34as in subdivision (d).end insert
P3 1(d) A board, commission, committee, or similar multimember
2body on which a member of a body that is a state body pursuant
3to this section serves in his or her official capacity as a
4representative of that state body and that is supported, in whole or
5in part, by funds provided by the state body, whether the
6multimember body is organized and operated by the state body or
7by a private corporation.
This act is an urgency statute necessary for the
9immediate preservation of the public peace, health, or safety within
10the meaning of Article IV of the Constitution and shall go into
11immediate effect. The facts constituting the necessity are:
12In order to avoid unnecessary litigation and ensure the people’s
13right to access the meetings of public bodies pursuant to Section
143 of Article 1 of the California Constitution, it is necessary that
15act take effect immediately
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