AB 2058, 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 any meeting of a state body, subject to certain conditions and exceptions.
This bill would modify the definition of “state body” to exclude an advisory body with less than 3 individuals, except for certain standing committees. This bill would also make legislative findings and declarations in this regard.
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:
P2 1(a) The unpublished decision of the Third District Court of
2Appeals in Funeral Security Plans v. State Board of Funeral
3Directors (1994) 28 Cal. App.4th 1470 is an accurate reflection of
4legislative intent with respect to the applicability of the
5Bagley-Keene Open Meeting Act (Article 9 (commencing with
6Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
7the Government Code) (Bagley-Keene Act) to a two-member
8standing advisory committee of a state body. A two-member
9standing committee of a state body, even if operating solely in an
10advisory capacity, already is a “state body,” as defined in
11subdivision (d) of Section 11121 of the Government Code,
12irrespective of its
size, if a member of the state body sits on the
13committee and the committee receives funds from the state body.
14For this type of two-member standing advisory committee, this
15bill is declaratory of existing law.
16(b) A two-member standing committee of a state body, even if
17operating solely in an advisory capacity, already is a “state body,”
18as defined in subdivision (b) of Section 11121 of the Government
19Code, irrespective of its composition, if it exercises any authority
20of a state body delegated to it by that state body. For this type of
21two-member standing advisory committee, this bill is declaratory
22of existing law.
23(c) All two-member standing advisory committees of a local
24body are subject to open meeting requirements under the Ralph
25M. Brown Act (Chapter 9 (commencing with Section 54950) of
26Part 1 of Division 2 of Title 5 of the Government Code) (Brown
27Act). It is the intent
of the Legislature in this act to reconcile
28language in the Brown Act and Bagley-Keene Act with respect to
29all two-member standing advisory committees, including, but not
30limited to, those described in subdivisions (a) and (b).
Section 11121 of the Government Code is amended
32to read:
As used in this article, “state body” means each of the
34following:
35(a) Every state board, or commission, or similar multimember
36body of the state that is created by statute or required by law to
37conduct official meetings and every commission created by
38executive order.
P3 1(b) A board, commission, committee, or similar multimember
2body that exercises any authority of a state body delegated to it by
3that state body.
4(c) An advisory board, advisory commission, advisory
5committee, advisory subcommittee, or similar multimember
6advisory body of a state body, if created by formal action of the
7state body or of any member of the
state bodybegin delete, and if the advisory .begin insert
Advisory bodies
8body so created consists of three or more personsend delete
9created to consist of fewer than three individuals are not a state
10body, except that standing committees of a state body, irrespective
11of their composition, which have a continuing subject matter
12jurisdiction, or a meeting schedule fixed by resolution, policies,
13bylaws, or formal action of a state body are state bodies for the
14purposes of this chapter.end insert
15(d) A board, commission, committee, or similar multimember
16body on which a member of a body that is a state body pursuant
17to this section serves in his or her official capacity as a
18representative of that state body and that is supported, in whole or
19in part, by funds provided by the state body, whether the
20multimember body is organized and operated by the state body or
21by a private corporation.
This act is an urgency statute necessary for the
23immediate preservation of the public peace, health, or safety within
24the meaning of Article IV of the Constitution and shall go into
25immediate effect. The facts constituting the necessity are:
26In order to avoid unnecessary litigation and ensure the people’s
27right to access of the meetings of public bodies pursuant to Section
283 of Article 1 of the California Constitution, it is necessary that
29act take effect immediately.
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