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SB-1439 Legislature: closed sessions: caucus.(2017-2018)



Current Version: 02/16/18 - Introduced

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SB1439:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 1439

Introduced by Senator Vidak

February 16, 2018

An act to amend Section 9029 of the Government Code, relating to the Legislature.


LEGISLATIVE COUNSEL'S DIGEST


SB 1439, as introduced, Vidak. Legislature: closed sessions: caucus.
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 and a caucus of the Members of the Senate, the Members of the Assembly, or the Members of both houses, which is composed of the members of the same political party, may meet in closed session.
This bill would limit the caucus exemption described above by prohibiting a closed session of a quorum of the Members of the Assembly or Senate, or both, if specific legislation is considered at that session and a vote or vote count of those members takes place at that session.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 9029 of the Government Code is amended to read:

9029.
 (a) A house of the Legislature or a committee thereof may hold a closed session solely for any of the following purposes:
(1) To consider the appointment, employment, evaluation of performance, or dismissal of a public officer or employee, to consider or hear complaints or charges brought against a Member of the Legislature or other public officer or employee, or to establish the classification or compensation of an employee of the Legislature.
(2) To consider matters affecting the safety and security of Members of the Legislature or its employees or the safety and security of any buildings and grounds used by the Legislature.
(3) To confer with, or receive advice from, its legal counsel regarding pending or reasonably anticipated, or whether to initiate, litigation when discussion in open session would not protect the interests of the house or committee regarding the litigation.
(b) A (1) Except as provided in paragraph (2), 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, may meet in closed session.
(2) (A) A closed session of a quorum of the Members of the Assembly or Senate, or both, shall not be held if specific legislation is considered at that session and a vote or vote count of those Members takes place at that session.
(B) This paragraph does not prohibit the participation of Members of the Legislature at a party convention or other similar party gathering.
(C) The rule prescribed by this paragraph may be waived by a three-fourths vote of the membership of the house.