BILL ANALYSIS �
AB 2058
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2058 (Wilk)
As Amended June 19, 2014
2/3 vote. Urgency
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|ASSEMBLY: |77-0 |(May 27, 2014) |SENATE: |33-0 |(August 13, |
| | | | | |2014) |
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Original Committee Reference: G.O.
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).
The Senate amendments add a coauthor.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill would impose minor to moderate costs on
affected state entities. Some state entities may simply decide
to eliminate certain advisory bodies and specified standing
committees rather than spend limited resources for compliance
with open meeting requirements
COMMENTS :
Purpose of the bill: According to the author, current law
contains two parallel open meeting statutes; the Ralph M. Brown
Act (Brown Act) for local governments and the Act for state
government. Prior to 1993, the Brown Act contained language
very similar to the current language in the 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
AB 2058
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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(b))
As the above language shows, local governments are currently
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: 0004236