BILL NUMBER: AB 85	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wilk

                        JANUARY 6, 2015

   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 85, as introduced, 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 a meeting of a state body,
subject to certain conditions and exceptions.
   This bill would specify that the definition of "state body"
includes an advisory board, advisory commission, advisory committee,
advisory subcommittee, or similar multimember advisory body of a
state body that consists of 3 or more individuals, as prescribed,
except a board, commission, committee, or similar multimember body on
which a member of a body 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.
   This bill would make legislative findings and declarations,
including, but not limited to, a statement of the Legislature's
intent that this bill is declaratory of existing law.
   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.  The Legislature finds and declares all of the
following:
   (a) The unpublished decision of the Third District Court of
Appeals in Funeral Security Plans v. State Board of Funeral Directors
(1994) 28 Cal. App.4th 1470 is an accurate reflection of legislative
intent with respect to the applicability of the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code) to a
two-member standing advisory committee of a state body.
   (b) A two-member committee of a state body, even if operating
solely in an advisory capacity, already is a "state body," as defined
in subdivision (d) of Section 11121 of the Government Code, if a
member of the state body sits on the committee and the committee
receives funds from the state body.
   (c) It is the intent of the Legislature that this bill is
declaratory of existing law.
  SEC. 2.  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, and if the advisory body so created
consists of three or more  persons.   persons,
except as in subdivision (d). 
   (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.

  SEC. 3.  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 the meetings of public bodies pursuant to Section 3
of Article 1 of the California Constitution, it is necessary that act
take effect immediately