AB 85, as amended, 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.
end deleteThis 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3(a) The unpublished decision of the Third District Court of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
20amended to read:
As used in this article, “state body” means each of the
22following:
23(a) Every state board, or commission, or similar multimember
24body of the state that is created by statute or required by law to
25conduct official meetings and every commission created by
26executive order.
27(b) A board, commission, committee, or similar multimember
28body that exercises any authority of a state body delegated to it by
29that state body.
30(c) An advisory board, advisory commission, advisory
31committee, advisory subcommittee, or similar multimember
32advisory body of
a state body, if created by formal action of the
33state body or of any member of the state body, and if the advisory
P3 1body so created consists of three or more persons, except as in
2subdivision (d).
3(d) A board, commission, committee, or similar multimember
4body on which a member of a body that is a state body pursuant
5to this section serves in his or her official capacity as a
6representative of that state body and that is supported, in whole or
7in part, by funds provided by the state body, whether the
8multimember body is organized and operated by the state body or
9by a private corporation.
This act is an urgency statute necessary for the
12immediate preservation of the public peace, health, or safety within
13the meaning of Article IV of the Constitution and shall go into
14immediate effect. The facts constituting the necessity are:
15In order to avoid unnecessary litigation and ensure the people’s
16right to access the meetings of public bodies pursuant to Section
173 of Article 1 of the California Constitution, it is necessary that
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thisend insert act take effectbegin delete immediately end deletebegin insert immediately.end insert
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