AB 1024 — Legislature.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
(1) The Legislative Open Records Act requires that a legislative record, as defined, be open to public inspection unless the record is exempt from disclosure under the act. The act provides that specified legislative committees are the custodians of all legislative records and requires that requests to inspect legislative records be submitted to the appropriate committee. Under the act, the custodian committee is required, upon receiving a request, to either produce the requested legislative record or justify in writing the withholding of the record by demonstrating that the record is exempt from disclosure under the act. The act exempts from disclosure, among other records, preliminary drafts, notes, and legislative memoranda, and correspondence of and to individual Members of the Legislature and their staff. This bill would require the custodian committee that has received a request for a legislative record to search both the committee files and the individual Member files related to the request and to attest to having done so when responding to the request. This bill would further provide that demonstrating that a legislative record is exempt from disclosure means articulating the exemption claimed and describing the general nature of the record withheld from inspection pursuant to that exemption. In addition, this bill would provide that the exemption for legislative memoranda applies only to preliminary legislative memoranda, and the exemption for correspondence applies only to correspondence between individual Members of the Legislature and their staff. (2) Existing law requires that all meetings, as defined, of a house of the Legislature or a committee thereof be open and public and that all persons be permitted to attend. This bill would provide that each Member of the Legislature who attends a meeting of the Assembly, the Senate, or any committee or subcommittee thereof in violation of the requirement that the meeting be open and public, with knowledge of the fact that the requirement was violated, is guilty of a misdemeanor. (3) Existing law provides that all contracts entered into by any state agency for specified purposes are void unless and until approved by the Department of General Services. Specified contracts are exempt from this requirement, including any contract let by the Legislature. This bill would instead provide that a contract let by the Legislature is exempt from the requirement that it be approved by the Department of General Services only in the case of an emergency where the contract is necessary for the immediate preservation of the public health, welfare, or safety, or protection of state property, or if the total amount payable under the contract is less than $50,000.
Bill Text
- Amended 04/14/09 - Amended Assembly Current pdf April 14, 2009
- Introduced 02/27/09 - Introduced pdf February 27, 2009
- AB1024 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on B. & P.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
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Referred to Coms. on B. & P. and RULES.
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Read first time.
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From printer. May be heard in committee March 30.
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Introduced. To print.
Sponsors
- Harkey · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Harkey
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does AB 1024 do?
- (1) The Legislative Open Records Act requires that a legislative record, as defined, be open to public inspection unless the record is exempt from disclosure under the act. The act provides that specified legislative committees are the custodians of all legislative records and requires that requests to inspect legislative records be submitted to the appropriate committee. Under the act, the custodian committee is required, upon receiving a request, to either produce the requested legislative record or justify in writing the withholding of the record by demonstrating that the record is exempt from disclosure under the act. The act exempts from disclosure, among other records, preliminary drafts, notes, and legislative memoranda, and correspondence of and to individual Members of the Legislature and their staff. This bill would require the custodian committee that has received a request for a legislative record to search both the committee files and the individual Member files related to the request and to attest to having done so when responding to the request. This bill would further provide that demonstrating that a legislative record is exempt from disclosure means articulating the exemption claimed and describing the general nature of the record withheld from inspection pursuant to that exemption. In addition, this bill would provide that the exemption for legislative memoranda applies only to preliminary legislative memoranda, and the exemption for correspondence applies only to correspondence between individual Members of the Legislature and their staff. (2) Existing law requires that all meetings, as defined, of a house of the Legislature or a committee thereof be open and public and that all persons be permitted to attend. This bill would provide that each Member of the Legislature who attends a meeting of the Assembly, the Senate, or any committee or subcommittee thereof in violation of the requirement that the meeting be open and public, with knowledge of the fact that the requirement was violated, is guilty of a misdemeanor. (3) Existing law provides that all contracts entered into by any state agency for specified purposes are void unless and until approved by the Department of General Services. Specified contracts are exempt from this requirement, including any contract let by the Legislature. This bill would instead provide that a contract let by the Legislature is exempt from the requirement that it be approved by the Department of General Services only in the case of an emergency where the contract is necessary for the immediate preservation of the public health, welfare, or safety, or protection of state property, or if the total amount payable under the contract is less than $50,000.
- Who sponsors AB 1024?
- AB 1024 is sponsored by Harkey.
- What is the current status of AB 1024?
- This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 1024?
- Track AB 1024 free on One Click Politics — get push/email alerts when it moves.
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