BILL ANALYSIS �
Bill No: AB
2058
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
AB 2058 Author: Wilk
As Amended: April 9, 2014
Hearing Date: June 10, 2014
Consultant: Art Terzakis
SUBJECT
State Government: open meetings
DESCRIPTION
AB 2058, an urgency measure, clarifies that standing
committees of a state body, including advisory bodies, that
have a continuing subject matter jurisdiction or a regular
meeting schedule fixed by formal action are state bodies
for purposes of the Bagley-Keene Act Open Meeting Act
regardless of the number of individuals that comprise those
committees.
EXISTING LAW
The Bagley-Keene Open Meeting Act, set forth in Government
Code Sections 11120-11132, covers all state boards and
commissions and generally requires these bodies to publicly
notice their meetings, prepare agendas, accept public
testimony and conduct their meetings in public unless
specifically authorized by the Act to meet in closed
session. The Ralph M. Brown Act, set forth in Government
Code Section 54950 et seq., governs meetings of legislative
bodies of local agencies. In general, both 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.
The Bagley-Keene Act defines "state body" to mean each of
AB 2058 (Wilk) continued
Page 2
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. 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 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
the state body, whether the multimember body is organized
and operated by the state body or by a private
corporation.
BACKGROUND
When the Legislature enacted the Bagley-Keene Act it
essentially said that when a state body sits down to
develop its consensus, there needs to be a seat at the
table reserved for the public. By reserving this place for
the public, the Legislature has provided the public with
the ability to monitor and participate in the
decision-making process. If the body were permitted to
meet in secret, the public's role in the decision-making
process would be negated. Therefore, absent a specific
reason to keep the public out of the meeting, the public
should be allowed to monitor and participate in the
decision-making process.
AB 2058 (Wilk) continued
Page 3
Purpose of AB 2058: According to the author's office, the
current definition of "state body" in the Bagley-Keene Act
contains an ambiguity with respect to whether a "standing
committee" composed of fewer than three members needs to
comply with the public notice and open meeting requirements
of the Act. The author's office argues that certain state
bodies (e.g., California High Speed Rail Authority, First 5
California, and the California Veterinary Medical Board)
have allowed standing committees to hold closed door
meetings as long as they contain two rather than three
members and do not vote to take action on items. The
author's office believes such entities are intentionally
limiting membership on standing committees to no more than
two members for the explicit purpose of avoiding open
meeting requirements.
The author's office states that prior to 1993, the Brown
Act contained language very similar to the current language
in the Bagley-Keene Act relative to standing committees.
However, in the 90'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 from the Brown Act [SB 1140
(Calderon) (Chapter 1138, Statutes of 1993)]. A conforming
change was not made, however, to the Bagley-Keene Act, as
no change was thought necessary.
The author's office emphasizes that the ambiguity left in
the Bagley-Keene 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 Bagley-Keene Act in a manner that is contrary to the
intent of the Legislature and the public.
The author's office states that AB 2058 is simply intended
to clarify that all standing committees, including advisory
committees, are subject to the transparency of open meeting
regulations regardless of committee size or membership.
Arguments in Opposition: The California Board of
Accountancy (CBA) opposes this measure on the basis that AB
2058 appears to exclude even a single member from acting in
an advisory body capacity without public notice. According
to the CBA, this measure would prevent the CBA and its
various committees from asking fewer than three members to
draft a letter, provide expert analysis, or work on legal
AB 2058 (Wilk) continued
Page 4
language without giving public notice. Under current law,
the advisory activities of the CBA's one or two- member
committees are vetted and voted upon in a publically
noticed meeting of the whole committee board.
PRIOR/RELATED LEGISLATION
AB 2720 (Ting), 2013-14 Session. Would require a state
body to publicly report any action taken at an open
meeting, and the vote or abstention on that action, of each
member present for the action. (Pending in this Committee)
AB 245 (Grove), 2013-2014 Legislative Session. Would have
repealed the exemption from the Bagley-Keene Open Meeting
Act enacted in 2012 for the Western Climate Initiative
(WCI) and instead would have subjected the WCI and its
appointees to the Bagley-Keene Open Meeting Act when
performing their duties. (Held in Assembly Governmental
Organization Committee)
AB 527 (Gaines), 2013-2014 Legislative Session. Would have
repealed the exemption from the Bagley-Keene Open Meeting
Act enacted in 2012 for the Western Climate Initiative
(WCI) and provided that a contract between the state and
WCI shall be subject to audit by the State Auditor. (Vetoed
by the Governor)
SB 751 (Yee), Chapter 257, Statutes of 2013. Required
local agencies to publicly report any action taken and the
vote or abstention of each member of a legislative body.
SB 103 (Liu), 2011-12 Session. Would have made substantive
changes to provisions of the Bagley-Keene Open Meeting Act
relating to teleconference meetings. (Died Assembly
Appropriations Suspense File)
SB 962 (Liu), Chapter 482, Statutes of 2010. Allowed the
use of videoconferencing and teleconferencing at the
court's discretion and subject to availability for
prisoners to participate in court proceedings for the
termination of their parental rights or the court-ordered
dependency petition of their child.
SB 519 (Committee on Governmental Organization), Chapter
92, Statutes of 2007. Amended the Bagley-Keene Act to
authorize the calling of a special meeting to provide for
AB 2058 (Wilk) continued
Page 5
an interim executive officer of a state body upon the
death, incapacity, or vacancy in the office of the
executive officer.
AB 277 (Mountjoy), Chapter 288, Statutes of 2005. Made
permanent certain provisions authorizing closed sessions
for purposes of discussing security related issues
pertaining to a state body.
AB 192 (Canciamilla), Chapter 243, Statutes of 2001. Made
various changes to the Bagley-Keene Open Meeting Act, which
governs meetings held by state bodies, to make it
consistent with provisions of the Ralph M. Brown Act, which
governs meetings of legislative bodies of local agencies.
SB 95 (Ayala), Chapter 949, Statutes of 1997. Made
numerous changes to the Bagley-Keene Act by expanding the
notice, disclosure and reporting requirements for open and
closed meetings of state bodies.
SB 752 (Kopp) Chapter 32 of 1994; SB 1140 (Calderon)
Chapter 1138 of 1993; and SB 36 (Kopp) Chapter 1137 of
1993. These measures extensively amended the Ralph M.
Brown Act.
SUPPORT: As of June 6, 2014:
Board of Behavioral Sciences
OPPOSE: As of June 6, 2014:
California Board of Accountancy
FISCAL COMMITTEE: Senate Appropriations Committee
**********
AB 2058 (Wilk) continued
Page 6