BILL ANALYSIS �
AB 2058
Page 1
ASSEMBLY THIRD READING
AB 2058 (Wilk)
As Amended April 9, 2014
2/3 vote. Urgency
GOVERNMENTAL ORGANIZATION 19-0 APPROPRIATIONS 17-0
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|Ayes:|Hall, Nestande, |Ayes:|Gatto, Bigelow, |
| |Achadjian, Bigelow, | |Bocanegra, Bradford, Ian |
| |Campos, Chesbro, Cooley, | |Calderon, Campos, |
| |Dababneh, Gray, Roger | |Donnelly, Eggman, Gomez, |
| |Hern�ndez, Jones, | |Holden, Jones, Linder, |
| |Jones-Sawyer, Levine, | |Pan, Quirk, |
| |Medina, Perea, V. Manuel | |Ridley-Thomas, Wagner, |
| |P�rez, Salas, Waldron, | |Weber |
| |Wilk | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Modifies the definition of "state body" to clarify
that standing committees, even if composed of less than three
members, are a "state body" for the purposes of the Bagley-Keene
Open Meeting Act (Act). Specifically, this bill :
1)Clarifies that advisory bodies created to consist of fewer
than three individuals are not a state body, except that
standing committees of a state body, irrespective of their
composition, which have a continuing subject matter
jurisdiction, or a meeting schedule fixed by resolution,
policies, bylaws, or formal action of a state body are state
bodies for the purposes of the Act.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, the bill would incur potentially significant costs,
in excess of $150,000 to the General Fund, to state agencies for
complying with notice and open meeting requirements in instances
currently not subject to those requirements.
COMMENTS :
Purpose of the bill: According to the author, current law
contains two parallel open meeting statutes; the Brown Act for
local governments and the Act for state government. Prior to
AB 2058
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1993, the Brown Act contained language very similar to the
current language in the Bagley-Keene Act regarding standing
committees. However, in the 1990's when a local government
entity attempted to claim a loophole existed for two-member
standing committees, the legislature promptly removed any
ambiguity on the matter of the Brown Act. However, a conforming
change was not made, to the Act, as no change was thought
necessary.
The ambiguity left in the Act is allowing state bodies to
deliberate and direct staff behind closed doors. These state
agencies are allowing standing committees to interpret the
language of the Act in a manner that is contrary to the intent
of the Legislature and the public; government at all levels must
conduct its business visibly and transparently.
This bill would align the definitions in the Act to those in the
Brown Act, making the clarifying change in the Act that the
Legislature made to the Brown Act in 1993. In addition, the
bill would make it definite that all standing committees are
subject to the transparency of open meeting regulations,
regardless of the size of the membership.
Similar language in the Brown Act: As discussed above, the
Brown Act currently contains language that is very similar to
the language found in this bill. The Brown Act defines a
"legislative body" as a:
A commission, committee, board, or other body of a
local agency, whether permanent or temporary, decision
making or advisory, created by charter, ordinance,
resolution, or formal action of a legislative body.
However, advisory committee, composed solely of the
members of the legislative body that are less than a
quorum of the legislative bodies, except that standing
committees of a legislative body, irrespective of
their composition, which have a continuing subject
matter jurisdiction, or a meeting schedule fixed by
charter, ordinance, resolution, or formal action of a
legislative boy are legislative bodies for purposes of
this chapter. (Government Code Section 54952,
subdivision (b))
As the above language shows, local governments are currently
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abiding by regulations that this bill is currently trying to
apply to state bodies. This bill would, in simple terms, simply
align the definitions of a "state body" in the Act to the
definitions of a "legislative body" in the Brown Act.
Analysis Prepared by : Felipe Lopez / G.O. / (916) 319-2531
FN: 0003636