California Assembly Bill AB1311 Amended / Bill

 BILL NUMBER: AB 1311AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly  Member   Tran   Members   Duvall   and Tran  FEBRUARY 27, 2009  An act to amend Section 11125.4 of the Government Code, relating to public meetings.   An act to amend Sections 12935, 14669, and 14670.12 of, and to repeal Section 8878.97 of, the Government Code, relating to state government.  LEGISLATIVE COUNSEL'S DIGEST AB 1311, as amended,  Tran   Duvall  .  Public meetings: special meetings.   State government reports.   (1) Existing law requires the State Architect to, by January 10 of each year, provide the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house of the Legislature a listing of expenditures for activities relating to local government buildings, as specified.   This bill would repeal this requirement.   (2) Existing law gives the Fair Employment and Housing Commission specified powers and duties, including issuing publications and results of inquiries and research that, in its judgment, will tend to promote good will and minimize or eliminate unlawful discrimination, as specified.   This bill would repeal this provision.   (3) Existing law requires the Director of General Services to, by March 1 of each year, prepare and submit to the Legislature, as specified, a report listing all leases entered into in the prior calendar year with an option to purchase with another public or private entity that involve office space.   This bill would repeal that requirement.   (4) Existing law authorizes the Director of General Services to lease any real property owned by the state not exceeding 5 acres for a period not to exceed 25 years to governmental entities to further the state's mission to provide emergency services. Existing law requires the director to report annually to the Legislature concerning this authority.   This bill would repeal this reporting requirement.   The Bagley-Keene Open Meeting Act requires that all meetings of a state body be open and public and all persons be permitted to attend. The act requires the body to provide notice and an agenda of a regular meeting at least 10 days in advance of the meeting but authorizes the calling of a special meeting for specified purposes when compliance with the 10-day notice would impose a substantial hardship on the state body or when immediate action is required to protect the public interest.   This bill would make a technical, nonsubstantive change to this provision.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 8878.97 of the   Government Code   is repealed.   8878.97. The State Architect shall provide to the Joint Legislative Budget Committee and the chairpersons of the fiscal committees in each house of the Legislature a listing of expenditures for activities pursuant to this article by January 10 of each year. This information shall be submitted either in the Governor's Budget documents or a separate report.   SEC. 2.   Section 12935 of the   Government Code   is amended to read:  12935. The commission shall have the following functions, powers, and duties: (a) To adopt, promulgate, amend, and rescind suitable rules, regulations, and standards (1) to interpret, implement, and apply all provisions of this part, (2) to regulate the conduct of hearings held pursuant to Sections 12967 and 12981, and (3) to carry out all other functions and duties of the commission pursuant to this part. (b) To conduct hearings pursuant to Sections 12967 and 12981. (c) To conduct mediations at the request of the department at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may withdraw a request for mediation at any time to pursue an investigation. (d) To establish and maintain a principal office within the state and to meet and function at any place within the state. (e) To appoint an executive secretary, and any attorneys and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. (f) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, examine any person under oath and, in connection therewith, to require the production of any books or papers relating to any matter under investigation or in question before the commission. (g) To create or provide financial or technical assistance to any advisory agencies and conciliation councils, local or otherwise, as in its judgment will aid in effectuating the purposes of this part, and to empower them to study the problems of discrimination in all or specific fields of human relationships or in particular instances of employment discrimination on the bases enumerated in this part or in specific instances of housing discrimination because of race, religious creed, color, national origin, ancestry, familial status, disability, marital status, sex, or sexual orientation and to foster, through community effort or otherwise, good will, cooperation, and conciliation among the groups and elements of the population of the state and to make recommendations to the commission for the development of policies and procedures in general. These advisory agencies and conciliation councils shall be composed of representative citizens, serving without pay. (h) With respect to findings and orders made pursuant to this part, to establish a system of published opinions that shall serve as precedent in interpreting and applying the provisions of this part. Commission findings, orders, and opinions in an adjudicative proceeding are subject to Section 11425.60.  (i) To issue publications and results of inquiries and research that in its judgment will tend to promote good will and minimize or eliminate unlawful discrimination. These publications shall include an annual report to the Governor and the Legislature of its activities and recommendations.   (j)   (i)  Notwithstanding Sections 11370.3 and 11502, to appoint administrative law judges, as it may deem necessary, to conduct hearings and mediations. Each administrative law judge shall possess the qualifications established by the State Personnel Board for the particular class of position involved. The hearing officers of the commission shall become administrative law judges on the effective date of this subdivision.  SEC. 3.   Section 14669 of the   Government Code   is amended to read:  14669. (a) The director may hire, lease, lease-purchase, or lease with the option to purchase any real or personal property for the use of any state agency, including the Department of General Services, if he or she deems the hiring or leasing is in the best interests of the state. (b) The director shall not enter into a lease-purchase agreement that involves office space, unless specifically authorized to do so by the Legislature. The director shall solicit written bids for any lease-purchase that involves office space in a newspaper of general circulation in the county in which the project is located. All bids received shall be publicly opened and the lease awarded to the lowest responsible bidder. If the director deems the acceptance of the lowest responsible bid is not in the best interest of the state, he or she may reject all bids.  (c) Notwithstanding Section 7550.5, by March 1st of each year, the director shall prepare a report listing all leases entered into in the prior calendar year with an option to purchase with another entity, public or private, that involve office space. The report shall be submitted to the Chairperson of the Joint Legislative Budget Committee and the chairperson of the committee of each house of the Legislature that considers appropriations.   SEC. 4.   Section 14670.12 of the   Government Code   is amended to read:  14670.12.  (a)    Notwithstanding Section 14670, and with the consent of the state agency concerned, the director may let any real property owned by the state not exceeding five acres for a period not to exceed 25 years, to governmental entities to further the state's mission for providing emergency services, if he or she deems it to be in the best interest of the state.  (b) The director shall report annually to the Legislature on how the department is utilizing the authority granted under this section.   SECTION 1.   Section 11125.4 of the Government Code is amended to read: 11125.4. (a) A special meeting may be called at any time by the presiding officer of the state body or by a majority of the members of the state body. A special meeting may only be called for one of the following purposes when compliance with the 10-day notice provisions of Section 11125 would impose a substantial hardship on the state body or when immediate action is required to protect the public interest: (1) To consider "pending litigation" as that term is defined in subdivision (e) of Section 11126. (2) To consider proposed legislation. (3) To consider issuance of a legal opinion. (4) To consider disciplinary action involving a state officer or employee. (5) To consider the purchase, sale, exchange, or lease of real property. (6) To consider license examinations and applications. (7) To consider an action on a loan or grant provided pursuant to Division 31 (commencing with Section 50000) of the Health and Safety Code. (8) To consider its response to a confidential final draft audit report as permitted by Section 11126.2. (9) To provide for an interim executive officer of a state body upon the death, incapacity, or vacancy in the office of the executive officer. (b) When a special meeting is called pursuant to one of the purposes specified in subdivision (a), the state body shall provide notice of the special meeting to each member of the state body and to all parties that have requested notice of its meetings as soon as is practicable after the decision to call a special meeting has been made, but shall deliver the notice in a manner that allows it to be received by the members and by newspapers of general circulation and radio or television stations at least 48 hours before the time of the special meeting specified in the notice. Notice shall be made available to newspapers of general circulation and radio or television stations by providing that notice to all national press wire services. Notice shall also be made available on the Internet within the time periods required by this section. The notice shall specify the time and place of the special meeting and the business to be transacted. The written notice shall additionally specify the address of the Internet Web site where notices required by this article are made available. No other business shall be considered at a special meeting by the state body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the state body a written waiver of notice. The waiver may be given by telegram, facsimile transmission, or similar means. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Notice shall be required pursuant to this section regardless of whether any action is taken at the special meeting. (c) At the commencement of any special meeting, the state body shall make a finding in open session that the delay necessitated by providing notice 10 days prior to a meeting as required by Section 11125 would cause a substantial hardship on the body or that immediate action is required to protect the public interest. The finding shall set forth the specific facts that constitute the hardship to the body or the impending harm to the public interest. The finding shall be adopted by a two-thirds vote of the body, or, if less than two-thirds of the members are present, a unanimous vote of those members present. The finding shall be made available on the Internet. Failure to adopt the finding terminates the meeting.