Bill Text: CA AB137 | 2009-2010 | Regular Session | Introduced
Bill Title: Open meetings: advisory committees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB137 Detail]
Download: California-2009-AB137-Introduced.html
BILL NUMBER: AB 137 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
JANUARY 20, 2009
An act to amend Section 54952 of the Government Code, relating to
open meetings.
LEGISLATIVE COUNSEL'S DIGEST
AB 137, as introduced, Jeffries. Open meetings: advisory
committees.
The Ralph M. Brown Act requires that all meetings of a legislative
body, as defined, of a local agency be open and public and all
persons be permitted to attend unless a closed session is authorized.
In defining a legislative body for this purpose, the act excludes
advisory committees composed solely of the members of the legislative
body that are less than a quorum of the legislative body.
This bill would limit this exclusion from the act to an advisory
committee composed solely of the members of the legislative body that
are less than a quorum of the legislative body and whose subject
matter jurisdiction has cumulatively lasted for 2 years or less.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54952 of the Government Code is amended to
read:
54952. As used in this chapter, "legislative body" means any
of the following :
(a) The governing body of a local agency or any other local body
created by state or federal statute.
(b) A commission, committee, board, or other body of a local
agency, whether permanent or temporary, decisionmaking or advisory,
created by charter, ordinance, resolution, or formal action of a
legislative body. However, advisory committees, composed solely of
the members of the legislative body that are less than a quorum of
the legislative body and whose subject matter jurisdiction has
cumulatively lasted for two years or less, are not 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 body are
legislative bodies for purposes of this chapter.
(c) (1) A board, commission, committee, or other multimember body
that governs a private corporation, limited liability company, or
other entity that either:
(A) Is created by the elected legislative body in order to
exercise authority that may lawfully be delegated by the elected
governing body to a private corporation, limited liability company,
or other entity.
(B) Receives funds from a local agency and the membership of whose
governing body includes a member of the legislative body of the
local agency appointed to that governing body as a full voting member
by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board,
commission, committee, or other multimember body that governs a
private corporation, limited liability company, or other entity that
receives funds from a local agency and, as of February 9, 1996, has a
member of the legislative body of the local agency as a full voting
member of the governing body of that private corporation, limited
liability company, or other entity shall be relieved from the public
meeting requirements of this chapter by virtue of a change in status
of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first
leased pursuant to subdivision (p) of Section 32121 of the Health
and Safety Code after January 1, 1994, where the lessee exercises any
material authority of a legislative body of a local agency delegated
to it by that legislative body whether the lessee is organized and
operated by the local agency or by a delegated authority.
