BILL ANALYSIS �
AB 2058
Page 1
GOVERNOR'S VETO
AB 2058 (Wilk)
As Amended June 19, 2014
2/3 vote
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|ASSEMBLY: |77-0 |(May 27, 2014) |SENATE: |33-0 |(August 13, |
| | | | | |2014) |
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|ASSEMBLY: |78-0 |(August 20, | | | |
| | |2014) | | | |
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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 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 Bagley-Keene Open Meeting Act.
FISCAL EFFECT : According to the Senate Appropriations
Committee, in general, this bill imposes 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 Brown Act for
local governments and the Bagley-Keene Act for state government.
Prior to 1993, the Brown Act contained language very similar to
the current language in the Bagley-Keene Act regarding standing
AB 2058
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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 Bagley-Keene Act, as no change was
thought necessary.
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;
government at all levels must conduct its business visibly and
transparently.
This bill would align the definitions in the Bagley-Keene Act to
those in the Brown Act, making the clarifying change in the
Bagley-Keene 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))
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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 Bagley-Keene Act
to the definitions of a "legislative body" in the Brown Act.
GOVERNOR'S VETO MESSAGE :
"This bill expands the definition of a state body, under the
Bagley-Keene Open Meeting Act, to standing advisory committees
with one or two members.
"Any meeting involving formal action by a state body should be
open to the public. An advisory committee, however, does not
have authority to act on its own and must present any findings
and recommendations to a larger body in a public setting for
formal action. That should be sufficient."
Analysis Prepared by : Felipe Lopez / G.O. / (916) 319-2531
FN: 0005636