BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SCA 7|
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THIRD READING
Bill No: SCA 7
Author: Yee (D)
Amended: 4/13/11
Vote: 27
SENATE JUDICIARY COMMITTEE : 5-0, 4/5/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 5-0, 5/3/11
AYES: Correa, La Malfa, De Le�n, Gaines, Lieu
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SUBJECT : Public bodies: meetings
SOURCE : California Newspaper Publishers Association
DIGEST : This constitutional amendment requires that each
public body shall provide public notice of its meetings and
publicly disclose any action taken. This constitutional
amendment, if passed, requires voter approval prior to
enactment.
ANALYSIS : Existing law provides that the people have the
right of access to information concerning the people's
business and requires meetings of public bodies and the
writings of public officials and agencies to be open to
CONTINUED
SCA 7
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2
public scrutiny. (California Constitution, Article I,
Section 3(b)(1))
With respect to local public bodies, existing law (the
Ralph M. Brown Act) provides statutory requirements of
local public bodies to keep the public informed.
(Government Code �GOV] Section 54950 et seq.) Existing law
requires local public bodies to post notices and agendas of
local public body meetings. (GOV Sections 54953, 54954.2,
54954.6, and 54956.) Existing law requires local public
bodies to publicly report any action taken in closed
sessions. (GOV Sections 54957.1 and 54957.7.) Existing
law requires local public bodies to disclose in an open
meeting the items to be discussed in closed sessions. (GOV
Section 54957.7)
Regarding state public bodies, existing law (Bagley-Keene
Open Meeting Act) provides statutory requirements of state
public bodies to keep the public informed. (GOV Section
11120 et seq.) Existing law requires state public bodies
to post notices and agendas of state public body meetings.
(GOV Sections 11123, 11125, 11125.4, 11125.5, 11125.9, and
11126.) Existing law requires state public bodies to
publicly report any action taken in closed sessions. (GOV
Sections 11125.2, 11126, and 11126.3)
As to legislative bodies, existing law (Grunsky-Burton Open
Meeting Act) provides statutory requirements of legislative
bodies to keep the public informed. (GOV Section 9027 et
seq.) Existing law requires legislative bodies to provide
notice to the public of open and closed meetings. (GOV
Sections 9028 and 9029.5.) Existing law requires
legislative bodies to publicly state the nature of a closed
meeting. (GOV Section 9029.5)
This constitutional amendment requires each public body to
provide public notice of its meetings and public disclosure
of any action taken.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
SCA 7
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3
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Ballot costs One-time costs of approximately
$264General
Public notification Unknown potentially millions
in Local
nonreimbursable local costs
SUPPORT : (Verified 5/26/11)
California Newspaper Publishers Association (source)
American Federation of State, County, and Municipal
Employees
California Association of Realtors
California Broadcasters Association
California Faculty Association
California Nurses Association
California State PTA
California Taxpayers Association
California Teachers Association
Californians Aware
Howard Jarvis Taxpayers Association
League of Women Voters California
Pacific Media Workers Guild
Sierra Club
Editorial: California Watch
Editorial: Contra Costa Times
Editorial: Oakland Tribune
ARGUMENTS IN SUPPORT : According to the author:
"The current state budget failed to appropriate money to
pay Brown Act claims. Even though the agenda posting and
reporting provisions remain on the books, as unfunded
mandates, the provision is optional and unenforceable?
"Senate Constitutional Amendment 7 would guarantee, once
and for all, the public's right under the Ralph M. Brown
Act to reasonable notice of the meetings of local public
legislative bodies and to public reports of action taken
SCA 7
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4
in closed sessions of those bodies."
The California Newspaper Publishers Association (CNPA), the
bill's sponsor, writes:
"�E]ven though last minute amendments to the 2010/2011
State Budget reinstated the Brown Act requirements, it
did not appropriate funds for these 'state mandated local
programs.' Because of this anomaly, the Legislative
Analysts Office takes the position that local government
agencies are currently not required to comply with the
agenda posting and reporting out requirements. Whether
this is the legally correct interpretation or not, the
current status of the law has created intolerable
confusion.
"CNPA has argued the duties to post a single copy of an
agenda in a public place and to orally report decisions
made in closed session create no meaningful costs that
should be reimbursed by the State. The Commission on
State Mandates, though, has found these statutes require
state reimbursement to local agencies at an annual cost
of about $20 million.
"?�T]he fact is that unless the legislature approves an
SCA for the ballot, one of two outcomes appear certain:
either the legislature will agree to continue to pay the
bogus local agency claims putting continued stress on
other funding choices; or, more likely, it will continue
to suspend the Brown Act, making it optional to local
agencies and unenforceable by the public."
RJG:kc 5/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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