BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 85 (Wilk) - Open meetings
          
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          |Version: April 15, 2015         |Policy Vote: G.O. 13 - 0        |
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          |Urgency: Yes                    |Mandate: No                     |
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          |Hearing Date: August 17, 2015   |Consultant: Mark McKenzie       |
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          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  







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              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  








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          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  








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          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.




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