Bill Text: CA AB382 | 2013-2014 | Regular Session | Chaptered
Bill Title: State and local government: alternative investments: public access.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-23 - Chaptered by Secretary of State - Chapter 326, Statutes of 2013. [AB382 Detail]
Download: California-2013-AB382-Chaptered.html
BILL NUMBER: AB 382 CHAPTERED
BILL TEXT
CHAPTER 326
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2013
APPROVED BY GOVERNOR SEPTEMBER 23, 2013
PASSED THE SENATE AUGUST 19, 2013
PASSED THE ASSEMBLY AUGUST 26, 2013
AMENDED IN SENATE JUNE 19, 2013
AMENDED IN ASSEMBLY APRIL 30, 2013
AMENDED IN ASSEMBLY APRIL 15, 2013
INTRODUCED BY Assembly Member Mullin
FEBRUARY 14, 2013
An act to amend Section 54957.5 of the Government Code, relating
to state and local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 382, Mullin. State and local government: alternative
investments: public access.
Existing law, the California Public Records Act, requires state
agencies and local agencies to make public records available for
inspection, subject to specified criteria, and with specified
exceptions. Existing law excludes from disclosure records of public
investment funds regarding alternative investments, as defined,
unless the information has already been publicly released by the
keeper of the information. Existing law defines an alternative
investment to mean an investment in a private equity fund, venture
fund, hedge fund, or absolute return fund.
Existing law, the Ralph M. Brown Act, requires the meetings of the
legislative body of a local agency to be conducted openly and
publicly, with specified exceptions. Existing law makes agendas of
public meetings and other writings distributed to the members of the
governing board disclosable public records, with certain exceptions.
Existing law authorizes the legislative body of a local agency that
invests pension funds to hold a meeting in closed session to consider
the purchase or sale of particular, specific pension fund
investments.
This bill would include prescribed documents dealing with
alternative investments within the exceptions to the requirement for
disclosure of documents related to public meetings.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54957.5 of the Government Code is amended to
read:
54957.5. (a) Notwithstanding Section 6255 or any other law,
agendas of public meetings and any other writings, when distributed
to all, or a majority of all, of the members of a legislative body of
a local agency by any person in connection with a matter subject to
discussion or consideration at an open meeting of the body, are
disclosable public records under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), and shall be made available upon request without delay. However,
this section shall not include any writing exempt from public
disclosure under Section 6253.5, 6254, 6254.3, 6254.7, 6254.15,
6254.16, 6254.22, or 6254.26.
(b) (1) If a writing that is a public record under subdivision
(a), and that relates to an agenda item for an open session of a
regular meeting of the legislative body of a local agency, is
distributed less than 72 hours prior to that meeting, the writing
shall be made available for public inspection pursuant to paragraph
(2) at the time the writing is distributed to all, or a majority of
all, of the members of the body.
(2) A local agency shall make any writing described in paragraph
(1) available for public inspection at a public office or location
that the agency shall designate for this purpose. Each local agency
shall list the address of this office or location on the agendas for
all meetings of the legislative body of that agency. The local agency
also may post the writing on the local agency's Internet Web site in
a position and manner that makes it clear that the writing relates
to an agenda item for an upcoming meeting.
(3) This subdivision shall become operative on July 1, 2008.
(c) Writings that are public records under subdivision (a) and
that are distributed during a public meeting shall be made available
for public inspection at the meeting if prepared by the local agency
or a member of its legislative body, or after the meeting if prepared
by some other person. These writings shall be made available in
appropriate alternative formats upon request by a person with a
disability, as required by Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal
rules and regulations adopted in implementation thereof.
(d) This chapter shall not be construed to prevent the legislative
body of a local agency from charging a fee or deposit for a copy of
a public record pursuant to Section 6253, except that a surcharge
shall not be imposed on persons with disabilities in violation of
Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12132), and the federal rules and regulations adopted in
implementation thereof.
(e) This section shall not be construed to limit or delay the
public's right to inspect or obtain a copy of any record required to
be disclosed under the requirements of the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1).This chapter shall not be construed to require a legislative
body of a local agency to place any paid advertisement or any other
paid notice in any publication.
SEC. 2. The Legislature finds and declares that Section 1 of this
act, which amends Section 54957.5 of the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
It is in the public interest to ensure that disclosure
requirements in the Ralph M. Brown Act are consistent with those in
the California Public Records Act.
