BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 85 (Wilk) - Open meetings ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 15, 2015 |Policy Vote: G.O. 13 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: Yes |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Mark McKenzie | | | | ----------------------------------------------------------------- This bill does not meet the criteria for referral to the Suspense File. Bill Summary: AB 85, an urgency measure, would require specified state body advisory committees comprised of fewer than three members to comply with the provisions of the Bagley-Keene Open Meeting Act if at least one member of the advisory committee is also a member of the larger state body and the advisory committee is supported by the state body's funds. Fiscal Impact: In general, this bill would impose minor to moderate costs on affected state entities. Some state entities may simply decide to eliminate certain advisory bodies and specified standing committees rather than spend limited resources for compliance with open meeting requirements. The following regulatory entities within the Department of Consumer Affairs (DCA) that use advisory committees of less AB 85 (Wilk) Page 1 of ? than three members reported costs to comply with open meeting requirements, including costs for board member and staff travel, communications, and providing public meeting space: o Board of Barbering and Cosmetology: $14,000 (Barbering and Cosmetology Contingency Fund) o Board of Optometry: $6,000 (State Optometry Fund) o Board of Chiropractic Examiners: $99,000 (State Board of Chiropractic Examiners Fund) o Acupuncture Board: $65,000 (Acupuncture Fund) o Respiratory Care Board: $70,000 (Respiratory Care Fund) o Physician Assistant Board: $14,000 (Physician Assistant Fund) o Dental Board: $27,500 (State Dentistry Fund) o Dental Hygiene Committee: $18,000 (State Dental Hygiene Fund) o Naturopathic Medicine Committee: $11,500 (Naturopathic Doctor's Fund) o Board of Registered Nursing: $28,000 (Board of Registered Nursing Fund) o Board of Accountancy: $119,000 (Accountancy Fund) o Board of Pharmacy: $9,500 (Pharmacy Board Contingency Fund) o Board of Psychology: $31,000 (Psychology Fund) o State Athletic Commission: $125,000 (Athletic Commission Fund) o Osteopathic Medical Board: projected costs of $82,000, based on historical use of advisory bodies, if advisory bodies are formed in the future. (Osteopathic Medical Board Contingency Fund) Background: Existing law defines an advisory board, commission, committee, and subcommittee of a state body that is comprised of three or more persons and created by a formal action of the body as a "state body" for purposes of the Bagley-Keene Open Meeting Act. This generally requires state agencies, boards, and commissions to publicly notice meetings, prepare formal agendas, accept public testimony, and conduct meetings in public, unless specifically authorized to meet in closed session. Existing law, the Ralph M. Brown Act, governs meetings of AB 85 (Wilk) Page 2 of ? legislative bodies of local agencies. In general, the Brown and Bagley-Keene Acts are virtually identical. While both acts contain specific exceptions from the open meeting requirements where government has demonstrated a need for confidentiality, such exceptions have been narrowly construed by the courts. Until 1993, both Acts contained very similar definitions for the public bodies that are subject to the open meeting requirements. However, the definition of "state body" in the Bagley-Keene Act currently exempts advisory bodies created by a formal action of the board that are comprised of fewer than three individuals from the definition of "state body" which authorizes them to meet without public notice. Proposed Law: AB 85 would require two-member advisory boards, commissions, committees, subcommittees, or other bodies created by formal action of a state body, to comply with the provisions of the Bagley-Keene Open Meeting Act if at least one member of the advisory committee is also a member of the larger state body and the advisory committee is supported by the body's funds. AB 85 is an urgency measure. Related Legislation: AB 2058 (Wilk), which was vetoed by the Governor in 2014, specified that a standing committee of a state body, irrespective of its composition, that has a continuing subject matter jurisdiction or fixed meeting schedule is a state body for purposes of the Bagley-Keene Open Meeting Act. Governor Brown's veto message stated the following: Any meeting involving formal action by a state body should be open to the public. An advisory committee, however, does not have authority to act on its own and must present any findings and recommendations to a larger body in a public setting for formal action. That should be sufficient. Staff Comments: This bill is intended to increase transparency and public participation and oversight of state entities that form AB 85 (Wilk) Page 3 of ? certain advisory or policy bodies of fewer than three persons that are not subject to open meeting requirements. It should be noted that these advisory bodies are generally formed to investigate specific issues and advise a full board at public meetings, but cannot independently take official actions. The bill would impose increased duties on state entities who currently have advisory bodies consisting of fewer than three members related to compliance with the open meeting requirements of the Bagley-Keene Act, including publicly noticing all meetings, preparing formal agendas, accepting public testimony, conducting meetings in public, and recording proceedings. Costs to individual state entities are likely to be relatively minor, but cumulatively could reach the hundreds of thousands annually. It is likely that some state entities would change practices related to advisory bodies and committees, which may shift costs to state staff to conduct the advisory work of those bodies. -- END --