Amended in Senate June 19, 2014

Amended in Assembly April 9, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2058

Introduced by Assembly Member Wilk

(Coauthors: Assembly Members begin delete Hagman and Harkey end delete begin insert Hagman, Harkey, and Olsen end insert )

(Coauthors: Senators DeSaulnier, Gaines, and Vidak)

February 20, 2014

An act to amend Section 11121 of the Government Code, relating to state government, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 2058, 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 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 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:

SECTION 1.  

Section 11121 of the Government Code is
amended to read:

11121.  

As used in this article, “state body” means each of the
following:

(a) Every state board, or commission, or similar multimember
body of the state that is created by statute or required by law to
conduct official meetings and every commission created by
executive order.

(b) A board, commission, committee, or similar multimember
body that exercises any authority of a state body delegated to it by
that state body.

(c) An advisory board, advisory commission, advisory
committee, advisory subcommittee, or similar multimember
advisory body of a state body, if created by formal action of the
state body or of any member of the state body. An advisory body
created to consist of fewer than three individuals is not a state
body, except that a standing committee of a state body, irrespective
of its composition, which has a continuing subject matter
jurisdiction, or a meeting schedule fixed by resolution, policies,
bylaws, or formal action of a state body is a state body for the
purposes of this chapter.

(d) A board, commission, committee, or similar multimember
body on which a member of a body that is a state body pursuant
to this section 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 begin delete the end delete begin insert that end insert state body, whether the
multimember body is organized and operated by the state body or
begin delete by end delete a private corporation.

SEC. 2.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to avoid unnecessary litigation and ensure the people’s
right to access of the meetings of public bodies pursuant to Section
3 of Article 1 of the California Constitution, it is necessary that
act take effect immediately.