Bill Text: CA SB745 | 2009-2010 | Regular Session | Introduced

California Senate Bill 745 (Prior Session Legislation)

Introduced

Bill Title: Meetings of the Legislature.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB745 Detail]

Download: California-2009-SB745-Introduced.html

BILL NUMBER: SB 745	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Ashburn

                        FEBRUARY 27, 2009

   An act to repeal Section 9027 of, and to repeal and add Section
9028 of, the Government Code, relating to meetings of the
Legislature.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 745, as introduced, Ashburn. Meetings of the Legislature.
   (1) Existing provisions of the California Constitution require
meetings of each house and committee of the Legislature to be open to
the public, except that closed meetings may be held to consider
specified matters, including employment and personnel, security,
advice from counsel, and caucus meetings.
   The Ralph M. Brown Act requires that any meeting of a legislative
body of a local agency be open and public and that all persons be
permitted to attend. The act also requires the legislative body
comply with certain open meeting requirements.
   This bill would require that all meetings of the Legislature be
open to the public and comply with the open meeting requirements of
the Ralph M. Brown Act, except as specified. The bill would define
"meeting," for its purposes, as a gathering of two or more members of
the Legislature in one place for the purposes of discussing matters,
including budget-related matters, within the subject matter
jurisdiction of the Legislature. The bill would make conforming
changes to existing law.
   (2) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. The Governor issued a proclamation declaring a
fiscal emergency, and calling a special session for this purpose, on
December 19, 2008.
   This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 19, 2008,
pursuant to the California Constitution.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9027 of the Government Code is repealed.

   9027.  Except as otherwise provided in this article, all meetings
of a house of the Legislature or a committee thereof shall be open
and public, and all persons shall be permitted to attend the
meetings. As used in this article, "meeting" means a gathering of a
quorum of the members of a house or committee in one place for the
purpose of discussing legislative or other official matters within
the jurisdiction of the house or committee. As used in this article,
"committee" includes a standing committee, joint committee,
conference committee, subcommittee, select committee, special
committee, research committee, or any similar body. 
  SEC. 2.  Section 9028 of the Government Code is repealed. 
   9028.  Any meeting that is required to be open and public pursuant
to this article, including any closed session held pursuant to
subdivision (a) of Section 9029, shall be held only after full and
timely notice to the public as provided by the Joint Rules of the
Assembly and Senate. 
  SEC. 3.  Section 9028 is added to the Government Code, to read:
   9028.  (a) All meetings of the Legislature shall be open to the
public and comply with the open meeting requirements of the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5). All persons shall be permitted to attend any
meeting of the Legislature, except as otherwise provided in
subdivision (b).
   (b) As used in this section, "meeting" means a gathering of two or
more members of the Legislature in one place for the purpose of
discussing matters, including, but not limited to, budget-related
matters, within the subject matter jurisdiction of the Legislature
pursuant to Article IV of the California Constitution. A meeting
shall not include a caucus of the Members of the Senate, the Members
of the Assembly, or the Members of both houses, which is composed of
members of the same political party.
  SEC. 4.  This act addresses the fiscal emergency declared by the
Governor by proclamation on December 19, 2008, pursuant to
subdivision (f) of Section 10 of Article IV of the California
Constitution.