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SCA-7 Public bodies: meetings.(2011-2012)

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SCA7:v97#DOCUMENT

Amended  IN  Senate  April 13, 2011
Amended  IN  Senate  April 07, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Constitutional Amendment
No. 7

Introduced  by  Senator Yee
 (Principal Coauthor(s): Assembly Member Jeffries)

January 10, 2011

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 3 of Article I thereof, relating to meetings of public bodies.


LEGISLATIVE COUNSEL'S DIGEST


SCA 7, as amended, Yee. Public bodies: meetings.
The California Constitution requires meetings of public bodies to be open to public scrutiny.
This measure would also include in the California Constitution the requirement that each public body provide public notice of its meetings and disclose any action taken.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2011–12 Regular Session commencing on the sixth day of December 2010, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

 That Section 3 of Article I thereof is amended to read:

SEC. 3.
 (a) The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.
(b) (1) The people have the right of access to to access information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny. Each public body shall provide public notice of its meetings and shall publicly disclose any action taken.
(2) A statute, court rule, or other authority, including those in effect on November 3, 2004, shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. A statute, court rule, or other authority adopted after November 3, 2004, that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
(3) Nothing in this subdivision supersedes or modifies the right of privacy guaranteed by Section 1 or affects the construction of any statute, court rule, or other authority to the extent that it protects that right to privacy, including any statutory procedures governing discovery or disclosure of information concerning the official performance or professional qualifications of a peace officer.
(4) Nothing in this subdivision supersedes or modifies any provision of this Constitution, including the guarantees that a person may not be deprived of life, liberty, or property without due process of law, or denied equal protection of the laws, as provided in Section 7.
(5) This subdivision does not repeal or nullify, expressly or by implication, any constitutional or statutory exception to the right of access to public records or meetings of public bodies that is in effect on November 3, 2004, including, but not limited to, any statute protecting the confidentiality of law enforcement and prosecution records.
(6) Nothing in this subdivision repeals, nullifies, supersedes, or modifies protections for the confidentiality of proceedings and records of the Legislature, the Members of the Legislature, and its employees, committees, and caucuses provided by Section 7 of Article IV, state law, or legislative rules adopted in furtherance of those provisions; nor does it affect the scope of permitted discovery in judicial or administrative proceedings regarding deliberations of the Legislature, the Members of the Legislature, and its employees, committees, and caucuses.