CNPA Legislative Bulletin
CNPA keeps members up to date on how the association is working for them and what is happening in the legal and legislative arena through the Legislative Bulletin.

McKee sues Tulare County Board of Supervisors

Mar 12, 2010

As chronicled in the Visalia Times-Delta today, Pasadena City College chemistry professor Rich McKee has filed suit against the Tulare County Board of Supervisors, alleging the board’s habitual private lunch meetings on the public’s dime violate the Ralph M. Brown Act’s requirement that meetings of local multi-member bodies of local government agencies be noticed, open and public. McKee is President Emeritus of Californians Aware.
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Capitol Watch

Mar 12, 2010

With the bill introduction deadline long passed, the state’s print shop continues to churn out hard copies. Stacks big enough to hide behind arrive at CNPA’s offices each day. Here are a few of the many bills CNPA governmental affairs staff is reviewing and describing for consideration by the Governmental Affairs Committee at the April 15 Summit in Monterey.
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CNPA seeks nominees for FOI Award

Mar 12, 2010

Torres access bill remains in holding pattern

Mar 12, 2010

CNPA participates in meeting to safeguard college newspaper

Feb 22, 2010

Yesterday CNPA staff participated in a meeting between administrators at the College of San Mateo and the staff and adviser of the student newspaper to discuss the fate of the newspaper, which has been threatened with potential elimination due to budget cuts and department restructuring.
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Public frustrated by lack of info on kids who die under government protection

Feb 22, 2010

There is a growing trend among the state and at least one county child welfare agency to withhold information about kids who die on their watch, despite a new law requiring this information to be provided to the public. CNPA staff is exploring the possibility of resolving the problem legislatively.
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Torres says she will narrow her victim and arrestee address bill

Feb 22, 2010

According to her staff, Assemblywoman Norma Torres (D-Pomona) will likely narrow her bill to restrict public access to law enforcement records. AB 1682, sponsored by Los Angeles County Sheriff Lee Baca, would prevent journalists and others from obtaining arrestee and victim address information from incident and arrest reports. See the February 5 Legislative Bulletin story for detailed information about AB 1682 and CNPA’s arguments against it.
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Controversial Plan to Withhold Taxes from Independent Contractors on Hold – For Now

Feb 22, 2010

Yesterday, the Senate Budget and Fiscal Review Committee announced it was halting a proposal that would mandate California businesses withhold and remit to the Franchise Tax Board 3% of all payments made to independent contractors working in California.
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OK Press Association view of public notices a worthy read

Feb 12, 2010

Oklahoma Press Association Executive Director Mark Thomas is a master of using humor to make a serious point, or several of them. Here are Mark’s arguments for keeping public notices in print.

Victim and arrestee address bill intended to protect victim privacy

Feb 12, 2010

CNPA governmental affairs staff had an opportunity to sit down with staff for Assemblywoman Norma Torres (D-Pomona) and an advocate for Los Angeles County Sheriff Lee Baca to discuss her legislation that would restrict public access to law enforcement records. AB 1682, sponsored by Baca, would amend a longstanding law (SB 1059 Peace, Ch. 1995, effective Oct. 12, 1995), that, while restricting general public access to address information about arrestees and crime victims, allows access to those seeking address information for a “scholarly, journalistic, political, or governmental purpose. . . .” AB 1682 would allow access for these purposes only to the “city of residence” of the person arrested or victimized by crime. CNPA negotiated the current law with Sen. Peace in 1995 and has worked to protect journalist access to address information since then.
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Legislature again considers requiring employers to withhold taxes from independent contractors

Feb 05, 2010

Independent contractor withholding, a proposal that was vetoed during last year’s budget discussions, has re-emerged in the last few weeks as the legislature begins budget discussions to close the $19 billion gap for the current fiscal year.

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Senate passes whistleblower protection bill

Feb 05, 2010

The Senate last week voted 23-15 in favor of a measure that would protect California State University and University of California employees who report wrongdoing from employer retaliation.
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Student speech protection at charter schools gets Senate nod

Feb 05, 2010

Legislation by Senator Leland Yee (D-San Francisco) to clarify that California charter schools are required to obey existing law that protects student speech and press activities on public and private high school campuses was unanimously passed by the Senate last week. The vote to approve SB 438 was 31-0.
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Senate overwhelmingly approves auxiliary organization bill

Feb 05, 2010

In a rare display of bi-partisanship last week, the Senate voted 37-1 to pass legislation that would require quasi-public organizations operating on community college, California State University or University of California campuses to comply with the California Public Record Act. The single no vote was cast by Senator Lou Correa (D-Santa Ana).
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Bill would restrict newspaper access to victim and arrestee addresses

Feb 05, 2010

Assemblywoman Norma Torres (D-Pomona) has introduced legislation that would amend the California Public Records Act to restrict public access to law enforcement records. AB 1682, sponsored by Los Angeles County Sheriff Lee Baca, would amend a longstanding law (SB 1059 Peace, Ch. 1995, effective Oct. 12, 1995), that, while restricting general public access to address information about arrestees and crime victims, allows access to those seeking address information for a “scholarly, journalistic, political, or governmental purpose. . . .” AB 1682 would allow access for these purposes only to the “city of residence” of the person arrested or victimized by crime. CNPA negotiated the current law with Sen. Peace in 1995 and has worked to protect journalist access to address information since then.
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Legislature again considers requiring employers to withhold taxes from independent contractors

Feb 05, 2010

Jan 18, 2010

The Senate Judiciary Committee on Tuesday passed a measure that would protect California State University and University of California employees who report wrongdoing from employer retaliation. The vote was 3-2.
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Auxiliary organization bill reintroduced; passed by Senate committee

Jan 18, 2010

Following the governor’s veto of SB 218 by Senator Leland Yee (D-San Francisco), a CNPA sponsored bill that would have required quasi-public organizations operating on community college, California State University or University of California campuses to comply with the California Public Record Act, the senator reintroduced the bill this session.
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Measure to protect charter school students sails out of Senate committee

Jan 18, 2010

On a 5-0 vote, the Senate Judiciary Committee earlier this week overwhelmingly passed CNPA sponsored SB 438 by Senator Leland Yee (D-San Francisco), that would clarify that a California charter school is required to obey existing law that protects student speech and press activities on public and private high school campuses.
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New laws affecting newspapers

Jan 04, 2010

In 2009, Governor Schwarzenegger signed 652 bills and vetoed 241. Here is a roundup of laws that will affect the newspaper industry. Unless otherwise indicated, the laws became effective January 1, 2010.
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Judicial Council approves historic public access rule

Dec 16, 2009

At its meeting in San Francisco yesterday, the California Judicial Council approved on a voice vote a new Rule of Court to provide the public with a right of access to the administrative records of Superior and Appellate courts and the Administrative Office of the Courts. The rule, which becomes effective January 1, 2010, is modeled after the California Public Records Act.

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Senator concerned about student press

Oct 07, 2009

Earlier today State Senator Leland Yee (D-San Francisco) sent a letter to Los Angeles Community College President Jamilah Moore urging her to comply with the state’s student speech laws.

“These statutes rightfully protect students and employees from unfair retaliation and foster a community that respects the First Amendment and an open discourse of ideas,” said Yee.

Here is Yee's press release.

Oct 07, 2009

With the Sunday deadline fast approaching, Gov. Arnold Schwarzenegger has signed only 3 of the over 700 bills on his desk. While a bit coy regarding his intentions on the fate of the Legislature’s entire work product from the 2009 session, the threat of a blanket veto may prove an effective lever on the water deal that alluded Schwarzenegger and legislators in the waning days of the legislative session. In the meantime, several bills of importance to the newspaper industry gather dust on the governor’s desk.

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Judicial Council puts access rule out for public comment

Oct 07, 2009

The Judicial Council, the policymaking body of the state’s courts, has published for public comment a proposed rule of court that would provide the public a right of access to administrative court records. The deadline for comments is 5:00 p.m. on October 29.

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CNPA bills caught up in end of session wrangling

Sep 16, 2009

Three CNPA supported bills passed by the legislature and sent to the Governor have been requested to be returned to the Senate. The request for the return of the bills come on the heels of a threatened veto by the governor of any bill submitted to him before the legislature took action on prison reform and renewable energy.
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Bill would require live transmission of meetings

Sep 16, 2009

Legislation to require the live transmission of state bodies dealing with public education has reached the governor. SB 312 by Sen. Gloria Romero (D-San Francisco) would require the State Board of Education and the State Allocation Board to provide live transmission of meetings by web cast or television. The Legislature approved the bill on its consent calendar. Romero says the bill promotes transparent government and will save local school districts thousands of dollars in travel costs currently spent traveling to Sacramento to monitor meetings.
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Legislature passes, Governor vetoes “Card Check” bill

Sep 16, 2009

In two sharply divided bi-partisan votes, the legislature earlier this month passed SB 789 by Senate Leader Darrell Steinberg (D-Sacramento), which would have made it easier for a union – in this case the United Farm Workers – to sign up new members. The vote in the Assembly was 47-29 with the Senate giving its approval by a 23-14 margin.

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Negotiations begin on new Rule of Court

Sep 16, 2009

CNPA, the First Amendment Coalition and Californians Aware all lodged informal written comments last week on an initial draft of a Rule of Court that would give the public a right of access to the administrative records of the courts. The Judicial Council – the administrative arm of the courts – is required by recent legislation to adopt a new rule before January 1, 2010. The comments were reviewed yesterday at a stakeholders drafting meeting hosted by the Judicial Council in Sacramento.

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Bass anti-paparazzi bill reaches governor’s desk

Sep 16, 2009

The Assembly last week sent legislation to Gov. Arnold Schwarzenegger to amend the state’s anti-paparazzi law. AB 524 by Assembly Speaker Karen Bass (D-Los Angeles) rewrites the decade-old anti-paparazzi law to make it easier for victims of ill-gotten images to sue the publisher or broadcaster of an ill-gotten image as well as the photographer. CNPA remains opposed to the bill.

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University auxiliary bill headed to Governor

Sep 16, 2009

The Assembly voted 76-0 last week to approve a measure that would require quasi-public organizations that operate on community college, California State University or University of California campuses to be subject to the California Public Record Act. The Senate followed suit, voting 33-1 to concur in Assembly amendments and send the bill to the governor.
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Bass focuses on paparazzi in last week of session

Sep 04, 2009

Assembly Speaker Karen Bass (D-Los Angeles) has again amended her Anti-Paparazzi bill and appears ready to move it to the governor during the last week of the 2009 legislative session. The Legislature adjourns its regular session September 11. AB 524 rewrites the decade-old anti-paparazzi law to make it easier for victims of ill-gotten images to sue publishers of images as well as photographers. CNPA is opposed to the bill.
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Assembly wants more sunshine on higher ed

Sep 04, 2009

With a strong bipartisan vote yesterday, the Assembly gave its resounding approval to legislation that would require quasi-public organizations that support state colleges and universities to open their records to the public. SB 218 by Sen. Leland Yee (D-San Francisco) would require auxiliary organizations and foundations of the University of California, California State University and Community Colleges to comply with the California Public Records Act. The vote was 76-0.
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Assembly approves CPRA index bill

Aug 28, 2009

The Assembly this week approved legislation sponsored by CNPA to update sections of the California Public Records Act that attempt to identify, alphabetically and descriptively, every law that purports to exempt public records from disclosure. The vote was 77-0. The Senate will likely move SB 359 by Sen. Gloria Romero (D-Los Angeles) to the governor’s desk on Monday. SB 359 would update the index sections of the public records act CNPA helped enact as part of a major reform effort in the late 1990s. Requesters and custodians of public records alike use the exemption index to quickly determine if an exemption may impact a particular records request.
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Protection for UC whistleblowers goes to governor

Aug 28, 2009

On a vote of 22-14 the Senate this week sent legislation to the governor to protect University of California employees who report wrongdoing from employer retaliation. SB 219 by Sen. Leland Yee (D-San Francisco) would overturn a recent California Supreme Court ruling that said UC employees cannot sue for damages under the state’s whistleblower protection laws, so long as the university itself reviews the complaints in a timely fashion. SB 219 will give UC employees the same rights as other state employees. Yee has described the current situation as one in which the “fox is guarding the henhouse.” The UC opposes SB 219. It is unclear at this point whether the governor intends to sign the bill.
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Anti-libel tourism bill to governor

Aug 28, 2009

The Senate sent legislation to combat libel tourism to the governor this week on a 39-0 vote. The Assembly last week approved the bill on a 75-0 vote. Sponsored by CNPA and authored by Senate Judiciary Committee Chairwoman Ellen Corbett (D-San Leandro), SB 320 would prohibit state courts from recognizing a defamation judgment obtained in a foreign jurisdiction, unless the court determines the defamation law applied in the case provided at least as much protection for freedom of expression as offered by the First Amendment and California Constitution. Here is CNPA’s letter to Gov. Arnold Schwarzenegger urging his signature approval of the bill.
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Judicial Council meets with CNPA to discuss new access rule

Aug 28, 2009

Staff for the Judicial Council, the policymaking body of the state’s courts, met on Monday with representatives from CNPA, Californians Aware and the California First Amendment Coalition to begin crafting a new rule of court that will provide the public a right of access to administrative court records. Judicial Council staff intends to draft a rule, put it through an accelerated public vetting process, and then before the Judicial Council for adoption before the end of the year.
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Judicial Council to fast-track new Rule of Court

Aug 21, 2009

The Judicial Council – the administrative arm of the courts – has asked for CNPA’s help, as well as that of the larger access community, to craft a new Rule of Court that will allow the public to access court administrative records. An initial meeting with CNPA, CFAC, CalAware and media law attorneys will occur Monday, August 24, at the Council’s Sacramento office.
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California Anti-Libel Tourism gets key vote

Aug 21, 2009

Legislation to combat libel tourism won easy approval from the Assembly this week and is one procedural vote from Gov. Arnold Schwarzenegger’s desk. The vote was 75-0. Sponsored by CNPA and authored by Senate Judiciary Committee Chairwoman Ellen Corbett (D-San Leandro), SB 320 would prohibit state courts from recognizing a defamation judgment obtained in a foreign jurisdiction unless the court determines the defamation law applied in the case provided at least as much protection for freedom of expression as offered by the First Amendment and California Constitution. A Senate vote concurring on amendments taken in the Assembly should occur next week. The amendments addressed were sought by the Judicial Council to address procedural issues.
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Auxiliary organization sunshine bill jumps big hurdle

Aug 21, 2009

The Assembly Appropriations committee on Wednesday voted 16-0 to pass legislation to require quasi-public organizations that operate on community college, California State University or University of California campuses to be subject to the California Public Record Act.
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Serial meeting bill signed

Aug 07, 2009

Gov. Arnold Schwarzenegger yesterday placed his signature on legislation to update the open meeting law for state boards and commissions to tighten its prohibition against the use of serial meetings. AB 1494 by Assemblyman Mike Eng (D-Monterey Park) amends the Bagley-Keene Open Meeting law to address a recent court decision affecting serial meetings of public bodies. CNPA sponsored the bill.
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Gov signs bill to protect enforcement of access laws

Aug 07, 2009

A barrier to citizen enforcement of the state’s public records and open meeting laws was eliminated yesterday when Gov. Arnold Schwarzenegger signed SB 786 by Sen. Leland Yee (D-San Francisco). Pushed by CNPA, the California First Amendment Coalition and Californians Aware, the new law limits the ability of cities, counties and state agencies to collect attorney’s fees under the anti-SLAPP law.
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Serial meeting bill on Governor’s desk

Jul 31, 2009

The Legislature has finally approved legislation to update the open meeting law for state boards and commissions to tighten its prohibition against the use of serial meetings. CNPA is the sponsor of AB 1494 by Assemblyman Mike Eng (D-Monterey Park), which would amend the Bagley-Keene Open Meeting law to address a recent court decision affecting serial meetings of public bodies. The Senate Governmental Organization recently approved the bill on a 9-0 vote after the Assembly approved it 73-0.
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Gov gets Anti-SLAPP bill

Jul 31, 2009

The Legislature has finally approved legislation pushed by CNPA, CFAC and Cal Aware to limit the ability of cities, counties and state agencies to collect attorney’s fees under the California anti-SLAPP law. SB 786 by Sen. Leland Yee (D-San Francisco) would provide that the attorney fee award against plaintiffs that is generally available to prevailing defendants in a case dismissed on a motion to strike under the anti-SLAPP law is not available for causes of action filed to enforce the state’s open meeting laws or the public’s right to government information under the California Public Records Act (CPRA).

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Budget trailer bill puts some sunshine on court administrative records

Jul 31, 2009

Legislation enacted as part of the state budget gives “any person” a new right of access administrative records of the court system, but not everyone is totally happy about it. Court employee unions pushed the sunshine language into AB4X 13, introduced in the 4th extraordinary legislative session, by Assembly Budget Chairwoman Noreen Evans (D-Santa Rosa). A trailer bill that is part of the recently signed budget package, AB4X 13 makes several changes in the law governing the courts and Department of Corrections.
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Bill would have DA’s sue on behalf of rich and famous

Jul 10, 2009

Assembly Speaker Karen Bass (D-Los Angeles) has amended her Anti-Paparazzi bill to allow district attorneys and city attorneys to pursue, at taxpayer expense, civil claims on behalf of a celebrities victimized by the paparazzi. The Senate Judiciary Committee will consider AB 524 at its Tuesday meeting. The bill would also make newspaper publishers liable in tort under the existing anti-paparazzi law if they sell, transmit, publish or use an image with “actual knowledge the image was obtained illegally“ A previous amendment taken in the Assembly Judiciary Committee added the requirement the plaintiff prove the publisher had paid for the image.

Jul 10, 2009

CNPA governmental affairs staff and an official from the League of California Cities will provide training on the Ralph M. Brown Act for the Loomis Town Council, its subordinate bodies and members of the public on Monday July 13 at 6:00 PM at the Loomis Depot, 5775 Horseshoe Bar Road (at the intersection of Taylor and Horseshoe Bar Road by the railroad tracks). All are welcome.
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Assembly committees endorse more sunshine for campus hybrids

Jul 10, 2009

Legislation to open to public view the non-profit organizations that perform essential college and university operations on behalf of the community college, California State University and University of California systems jumped two big hurdles this week on its way to Gov. Arnold Schwarzenegger’s desk. On Tuesday, the Assembly Higher Education Committee approved SB 218 by Senator Leland Yee (D-San Francisco) on a vote of 8-0. The next day the Assembly Committee on Governmental Organization approved the bill 18-0. The unanimity belies the intense lobbying and negotiations in which the sponsors CNPA and the California Faculty Association have engaged to move the bill in spite of the stiff opposition of the CSU, UC, and, until recently, community colleges.
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CPRA index bill up next week

Jun 26, 2009

Serial meeting bill set for hearing

Jun 26, 2009

The Senate Appropriations Committee will consider on Monday legislation that would update the open meeting law for state boards and commissions to tighten its prohibition against the use of serial meetings. CNPA is the sponsor of AB 1494 by Assemblyman Mike Eng (D-Monterey Park), which would amend the Bagley-Keene Open Meeting law to address a recent court decision affecting serial meetings of public bodies. The Senate Governmental Organization recently approved the bill on a 9-0 vote after the Assembly approved it 73-0.

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UC whistleblower protection bill advances

Jun 26, 2009

Legislation that would provide University of California employees who are retaliated against because they report wrongdoing with the same legal protections as other state employees was passed by the Assembly Judiciary Committee on Tuesday on an 8-2 vote.

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Libel Tourism bill moves

Jun 26, 2009

Legislation to combat libel tourism was approved this week by the Assembly Judiciary Committee on a 10-0 vote. SB 320 by Senate Judiciary Committee Chairwoman Ellen Corbett (D-San Leandro), would prohibit state courts from recognizing a defamation judgment obtained in a foreign jurisdiction, unless the court determines the defamation law applied in the case provided at least as much protection for freedom of expression as offered by the First Amendment and California Constitution.

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Auxiliary organization bill set for back-to-back hearings in Assembly

Jun 26, 2009

Legislation that would require quasi-public organizations that operate on community college, California State University or University of California campuses to be subject to the California Public Record Act has been set for hearing in the Assembly Higher Education Committee on July 7 and the Assembly Government Organization Committee on July 8.

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Deceased personality bill set

Jun 26, 2009

The Senate Judiciary Committee will consider legislation on June 30 that would expand the law protecting the commercial value of the name and likeness of deceased personalities. CNPA opposes AB 585 by Assemblyman Mike Duvall (R-Brea), which would amend this law to, in addition to protecting the intellectual property rights of those whose “name, voice, signature, photo, or likeness has commercial value at the time of death,” to also include those, whose name, etc., has commercial value “because of his or her death.”

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Mandatory sick leave bill held in Appropriations Committee

Jun 26, 2009

Legislation that would require employers’ to provide paid sick leave for employees became a two year bill when it was held last week in the Assembly Appropriations Committee. Opposed by CNPA and many employer organizations, AB 1000 by Assemblywoman Fiona Ma (D-San Francisco) would have required that all employers provide paid sick leave to an employee after seven days of work in a calendar year to care for the employee’s own illness, or to provide care to a sick child, spouse, domestic partner or other relative. The mandate would extend to all employers and all employees with no exceptions.

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Assembly committee approves Anti-SLAPP bill

Jun 26, 2009

The Assembly Judiciary Committee approved on a 9-1 vote legislation to limit the ability of cities, counties and state agencies to collect attorney’s fees under the California anti-SLAPP law. SB 786 by Sen. Leland Yee (D-San Francisco) would provide that the attorney fee award against plaintiffs that is generally available to prevailing defendants in a case dismissed on a motion to strike under the anti-SLAPP law is not available for causes of action filed to enforce the state’s open meeting laws or the public’s right to government information under the California Public Records Act (CPRA).
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Legislature considers independent contractor withholding

Jun 26, 2009

Last week, the Joint Legislative Committee on the Budget passed a series of tax proposals that would mandate California employers withhold and remit to the Franchise Tax Board 3% of all payments made to independent contractors. Independent contractors that have experienced problems with taxpayer identification number verification would be subject to an additional 7% withholding for a total of 10%. The proposal was supported by Democrats and opposed by Republicans. CNPA is working with a broad coalition of business and employer organizations to oppose the withholding proposal.
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PPIC study says Internet use up, but digital divide persists

Jun 26, 2009

The Public Policy Institute of California reports that while a new survey of Californians’ Internet usage shows a steady increase of access and broadband connection, the digital divide persists, especially in rural areas and minority communities. Here’s PPIC’s press release.
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Anti-Paparazzi amendment set for July 7

Jun 26, 2009

The Senate Judiciary Committee will consider legislation by Assembly Speaker Karen Bass (D-Los Angeles) on July 7 to make newspaper publishers liable in tort under the existing anti-paparazzi law if they sell, transmit, publish or use an image with "actual knowledge the image was obtained illegally." An amendment taken in the Assembly Judiciary Committee added the requirement the plaintiff prove the publisher had also paid for the image.
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Stunning victory on public notice bill

Jun 19, 2009

The many letters and personal communications between CNPA members and the 5 Senators on the Senate Local Government Committee paid huge dividends today as the committee unanimously decided to hold AB 715 by Assemblywoman Anna Marie Caballero (D-Salinas). AB 715 would give city and county clerks the discretion to post newly enacted ordinances on the agency’s government web site instead of publishing a summary of the ordinance in a newspaper of general circulation.

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Public Notice Survey

Jun 19, 2009

CNPA is seeking to gather information from member newspapers regarding the presence of public notice advertising on the Internet via newspaper websites. Your response will assist CNPA’s work to protect and secure public notice adverting in newspapers of general circulation. To participate in this survey, please review the questions below and e-mail your response to chris@cnpa.com. CNPA thanks you in advance for your participation.

1. Does your newspaper have a web presence?
2. Do you post public notice advertisements on the newspaper’s website?
3. How long does a public notice advertisement remain on the newspaper’s website?

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Stunning victory on public notice bill

Jun 17, 2009

The many letters and personal communications between CNPA members and the five senators on the Senate Local Government Committee paid huge dividends Wednesday (June 17) as the committee unanimously decided to hold AB 715 by Assemblywoman Anna Marie Caballero (D-Salinas).
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Public notice survey

Jun 17, 2009

Publishers leap to action on Public notice bill

Jun 05, 2009

Following CNPA's June 3 Legislative Bulletin highlighting the threat posed by AB 715 by Assemblywoman Anna Marie Caballero (D-Salinas), several publishers have sent letters to the Senate Local Government Committee and their own Senator.

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The time to contact senators is now!

Jun 04, 2009

Legislation to kill the required publication in newspapers of a key public notice advertisement is scheduled to be heard by the Senate Local Government Committee on June 17. Dozens of cities and counties have written letters urging the committee to approve the bill. Now is the time for the committee to receive a different point of view from CNPA members.
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Public notice bill held by committee

Jun 03, 2009

Legislation that would have automatically repealed on January 1, 2015 a law requiring public schools to notice contract bid solicitations in newspapers has been held by the Assembly Appropriations Assemblyman Committee, effectively killing it for the year.
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Senate overwhelmingly passes auxiliary organization bill

Jun 03, 2009

Legislation that would require quasi-public organizations that operate on community college, California State University or University of California campuses to be subject to the California Public Record Act was approved by the Senate in a bi-partisan 32-1 vote. Four senators who previously expressed support for SB 218 by Senator Leland Yee (D-San Francisco) were not on the floor for the vote because they were attending the Budget Conference Committee. They are expected to add their aye votes to the tally by the end of the day. The lone no vote was cast by Senator Lou Correa (D-Santa Ana).
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Senate approves Yee Anti-SLAPP bill

May 29, 2009

The Senate yesterday voted 34-0 to approve legislation to limit the ability of cities, counties and state agencies to collect attorney’s fees under the California anti-SLAPP law.
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Auxiliary organization bill amended, set for floor vote next week.

May 29, 2009

Cities, counties attack newspaper public notice of new laws

May 29, 2009

Assembly Local Government Committee Chairwoman Anna Marie Caballero (D-Salinas) has introduced legislation to allow cities to post newly enacted ordinances on a government web site instead of publishing a summary of the ordinance in a newspaper of general circulation.

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Anti-Paparazzi amendment moves

May 20, 2009

Legislation by Assembly Speaker Karen Bass (D-Los Angeles) to make newspaper publishers liable in tort under the existing anti-paparazzi law if they sell, transmit, publish or use an image with “actual knowledge the image was obtained illegally“ was approved by the Assembly Judiciary Committee Tuesday over CNPA’s principled objections. The vote was 8-2, with every Democrat on the committee voting in support of the Speaker’s bill, joined by Republican Jim Nielsen (R-Biggs). Vice Chairman Van Tran (R-Costa Mesa) and Assemblyman Stephen Knight (R-Palmdale) voted no. CNPA was the sole opponent at the hearing.
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Public notice bill gets unfixed

May 20, 2009

Assemblyman Paul Fong (D-Mountain View) has recently amended his bill on public school contract bid solicitations to automatically repeal a key newspaper notice on January 1, 2015. As introduced, Fong’s AB 701 simply repealed the requirement that school districts publish contract bid notices in newspapers of general circulation in favor of posting that information on the district’s web site. After CNPA expressed its concerns, Fong amended the bill to reinstate the publication requirement. That amendment didn’t stick. The bill was amended again on April 14 to automatically repeal the newspaper publication requirement on January 1, 2015.

Anti-SLAPP limiter moves from committee

May 20, 2009

The Senate Judiciary Committee approved legislation sponsored by the California First Amendment Coalition and supported by CNPA, Cal Aware and the ACLU to limit the ability of cities, counties and state agencies to collect attorney’s fees under the anti-SLAPP law. The vote was a unanimous 5-0. SB 786 by Sen. Leland Yee (D-San Francisco) would provide that the attorney fee award against plaintiffs that is generally available to prevailing defendants in a case dismissed on a motion to strike under the anti-SLAPP law is not available for causes of action filed to enforce the state’s open meeting laws or the public’s right to government information under the California Public Records Act (CPRA).
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Measure to apply CPRA to auxiliary organizations moves

May 20, 2009

Legislation to make quasi-public organizations that operate on community college, California State University or University of California campuses subject to the California Public Record Act was passed by the Senate Judiciary Committee on a 4-1 vote.
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Committee approves bill to update CPRA exemption index

May 15, 2009

Legislation sponsored by CNPA to update the sections of the California Public Records Act that attempt to identify, alphabetically and descriptively, every law that purports to exempt public records from disclosure was approved by the Senate Judiciary Tuesday on a 5-0 vote. SB 359 by Sen. Gloria Romero (D-Los Angeles) would update the index CNPA helped enact as part of a major CPRA reform effort in the late 1990s. Requesters and custodians of public records use the exemption index to quickly determine if an exemption may impact a particular records request.

Bill to apply CPRA to auxiliary organizations will be heard next week.

May 08, 2009

CNPA, CFAC and Cal Aware team up on bill

May 08, 2009

Sen. Leland Yee (D-San Francisco) has agreed to author legislation sponsored by the California First Amendment Coalition and supported by CNPA and Cal Aware to limit the ability of cities, counties and state agencies to collect attorney’s fees under the anti-SLAPP law. SB 786, a bill formerly authored by Senate President pro Tem Darrell Steinberg (D-Sacramento) that would have amended the Unruh Civil Rights Act, was gutted and amended on May 6 to provide that the attorney fee award against plaintiffs that is generally available to prevailing defendants in a case dismissed on a motion to strike under the anti-SLAPP law is not available for causes of action filed to enforce the state’s open meeting law s or the public’s right to government information under the California Public Records Act (CPRA).
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Vexatious requester bill may be dead

May 01, 2009

Opposition from CNPA, Cal Aware, CFAC and the California Anti-SLAPP project has likely killed legislation to allow a court to adjudge an individual a vexatious requester of public records under the California Public Records Act (CPRA). Sponsored by Attorney General Jerry Brown, AB 520 by Assemblywoman Wilmer Amina Carter (D-Rialto) would require a public agency to pursue the designation in court. If a court finds the requester has made a request for “an improper purpose,” it could limit or eliminate an agency’s duty to respond to requests in the future.

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CNPA opposes deceased personality bill

May 01, 2009

CNPA’s board of directors met last week in Palm Springs and decided to oppose AB 585 by Assemblyman Mike Duvall (R-Brea), which would amend the law protecting the commercial value of the name and likeness of deceased personalities. AB 585 would amend this law to, in addition to protecting the intellectual property rights of those whose “name, voice, signature, photo, or likeness has commercial value at the time of death,” to also include those, whose name, etc., has commercial value “because of his or her death.”

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Blurred image bill slowed

May 01, 2009

Legislation that would require an operator of a commercial Internet web site that makes a virtual globe browser available to the public to blur images of California schools, churches, hospitals and government buildings has been made a two-year bill. CNPA opposes AB 255 by Assemblyman Joel Anderson (R-La Mesa), which is intended to force providers of satellite imagery like Google Earth to alter their practices to protect against the use of images by terrorists. The bill would also require an Internet web site to blur street view photographs of the buildings and facilities deemed sensitive.

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Bagley-Keene serial meeting bill sails

May 01, 2009

The Assembly Governmental Organization Committee approved on a 16-0 vote last week legislation that would update the open meeting law for state boards and commissions to tighten its prohibition against the use of serial meetings. CNPA is the sponsor of AB 1494 by Assemblyman Mike Eng (D-Monterey Park), which would amend the Bagley-Keene Open Meeting law to address a recent court decision affecting serial meetings of public bodies.

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Meal period relief pushed away from table

May 01, 2009

Legislation that would provide clarity and guidance for compliance enforcement of meal period laws was pulled by the author, Senator Ron Calderon (D-Montebello), prior to being heard by the Senate Industrial Relations Committee on Wednesday. CNPA is a co-sponsor of the bill.

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Flexible scheduling bill killed by Senate committee

May 01, 2009

Legislation that would help employees and employers achieve greater flexibility in work schedules by allowing workers to request and employers to mutually agree to a four-day compressed workweek was defeated in the Senate Labor and Industrial Relations Committee on Wednesday by a 2-4 partisan vote.

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Speaker Bass targets publishers of celebrity photos

May 01, 2009

Two days ago Assembly Speaker Karen Bass (D-Los Angeles), co-opted, gutted, and amended a colleague’s bill in an attempt to make publishers liable under the anti-paparazzi law for publishing ill-gotten photos or recordings. AB 524, formerly authored by Assemblyman Mike Davis (D-Los Angeles) and formerly a bill regulating acting schools, would make newspaper publishers liable in tort under the existing anti-paparazzi law if they sell, transmit, publish or use an image “with actual knowledge the image was obtained illegally.”

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Brown Act bill amended for another purpose

Apr 17, 2009

Assemblyman Anthony Portantino (D-Pasadena) has amended his legislation to repeal the Ralph M. Brown Act’s requirement that at least a majority of members of a body participate in teleconferenced meetings from within the agency's jurisdictional boundaries.

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Brown Act labor bill slowed

Apr 17, 2009

Legislation sponsored by CNPA to limit the secrecy associated with labor negotiations between a local public agency and public employees under the Ralph M. Brown open meeting law has been slowed because of enduring opposition from labor organizations and local government agencies.

Vexatious requester bill up next week

Apr 17, 2009

The Assembly Judiciary Committee is scheduled to hear on Tuesday, April 21, legislation to allow a court to adjudge an individual a vexatious requester of public records under the California Public Records Act (CPRA).
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Mandatory sick leave bill set for hearing next week

Apr 17, 2009

Legislation that would increase employers’ costs for a new protected and paid sick leave for employees is scheduled to be heard in the Assembly Labor and Employment committee on April 22.

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Another public notice bill fixed

Apr 17, 2009

Assemblyman Jim Beall (D-San Jose) will amend his bill to eliminate a key public notice at CNPA’s request. AB 116 would make several changes to the bid solicitation process for Santa Clara Valley Transportation Authority, the Alameda-Contra Costa Transit District, and the Golden Gate Bridge, Highway and Transportation District.

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Committee preserves newspaper public notices

Apr 17, 2009

The Assembly Business and Professions Committee on Tuesday, April 14, approved legislation that would clean up the Self-Service Storage Facilities Act, but not before amending the bill to reinstate the existing requirement that a lien sale of personal property for nonpayment of rent be noticed in a newspaper of general circulation.
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Opposition building on Calderon libel bill

Apr 03, 2009

The American Civil Liberties Union and the California Civil Justice Association have joined CNPA to oppose legislation that would extend the statute of limitations for filing a libel or slander lawsuit from 1 year to 3 years.
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Ant-Libel Tourism bill set for hearing

Apr 03, 2009

The Senate Judiciary Committee will consider legislation to combat libel tourism on April 14. Sponsored by CNPA, SB 320 by Judiciary Committee Chairwoman Ellen Corbett (D-San Leandro) would prohibit state courts from recognizing a defamation judgment obtained in a foreign jurisdiction, unless the court determines the defamation law applied in the case provided at least as much protection for freedom of expression as offered by the First Amendment and California Constitution.

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Meal period reform bill set for hearing

Apr 03, 2009

Legislation introduced by Senator Ron Calderon (D-Montebello) to clarify California’s frequently litigated meal period law, has been set for it’s first hearing in the Senate Labor and Industrial Relations Committee on April 22.
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State Ad ban bill stalled for the year

Apr 03, 2009

Legislation that would have eliminated state advertising in newspapers has become a “two-year bill,” meaning it will not be considered by the Legislature until 2010, if at all.
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One public notice bill fixed

Apr 03, 2009

Assemblyman Paul Fong (D-Mountain View) has amended his AB 701 at CNPA’s request. As introduced the bill would have repealed the requirement that school districts publish bid notices for public projects in favor of the notices being posted solely on the district’s web site.
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Public notice repealer up on the 14th

Apr 03, 2009

Legislation that would repeal newspaper public notices of public storage lien sales is set to be heard by the Assembly Business and Professions Committee on Wednesday, April 15. CNPA governmental affairs staff urges members to contact committee members urging a NO vote on the bill unless it is amended to reinstate the publication requirement. Here is CNPA’s opposition letter to AB 655 by Assemblyman Bill Emmerson (R-Redlands). Contact information for the B & P Committee is set forth below.

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Calderon libel bill set for hearing

Mar 13, 2009

Legislation to extend the statute of limitations for filing a libel or slander lawsuit from 1 year to 3 years has been set for hearing in the Assembly Judiciary Committee on Tuesday, March 31.

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CSU Trustees to consider opposing CPRA bill

Mar 13, 2009

The California State University Board of Trustees will meet on Wednesday, March 25th, to consider positions on several bills introduced this legislative session, one of which is SB 218 by Senator Leland Yee (D-San Francisco).

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CNPA IDs five public notice bills so far

Mar 13, 2009

CNPA governmental affairs staff continues to review all of the 2388 regular session bills introduced by the legislature before its February 27 deadline. So far, staff has identified these 5 bills that would affect public notice advertising laws, all introduced in the Assembly:
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Bill introduced to apply CPRA to CIF

Mar 09, 2009

Assemblywoman Audra Strickland (R-Camarillo) has introduced AB 352 which declares it is the legislature’s intent that the California Interscholastic Federation (CIF), the governing body that oversees the state high school sports, comply with the California Public Records Act
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Bill would alter Brown Act teleconference law

Mar 09, 2009

Calderon bill would extend libel court filing deadlines

Mar 09, 2009

Assemblyman Charles Calderon (D-Whittier) has introduced legislation to extend the statute of limitations for filing a libel or slander lawsuit from 1 year to 3 years. His AB 353 seems to buck the trend in California that has made actions for defamation a disfavored tort.

Senator takes another bite at meal period reform

Mar 02, 2009

Sen. Ron Calderon (D-Montebello), for the second year in a row, has introduced legislation intended to clarify California’s oft-litigated meal period law.
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CPRA: auxiliary bill introduced

Mar 02, 2009

Sen. Leland Yee (D-San Francisco) has introduced legislation that would require auxiliary organizations that receive public funds or perform government functions on University of California, California State University and California Community College campuses to comply with the California Public Records Act (CPRA). Sponsored by CNPA, SB 218 was introduced in response to a CPRA request that was denied by auxiliary organizations operating at Sacramento State and Fresno State Universities.
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Bill would update CPRA exemption index

Mar 02, 2009

Sen. Gloria Romero (D-Los Angeles) has introduced legislation to update the sections of the California Public Records Act that attempt to identify, alphabetically and descriptively, every law that purports to exempt public records from disclosure. SB 359 would update laws CNPA helped put on the books as part of a major CPRA reform effort in the late 1990s.

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Carter introduces vexatious requester bill

Mar 02, 2009

Assemblywoman Wilmer Amina Carter (D- Rialto) has introduced legislation on behalf of Attorney General Jerry Brown to allow a court to adjudge an individual a vexatious requester of public records under the California Public Records Act (CPRA).

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Corbett introduces anti-Libel Tourism bill

Mar 02, 2009

Senate Judiciary Committee Chairwoman Ellen Corbett (D-San Leandro) this week introduced legislation to combat libel tourism. Sponsored by CNPA, her SB 320 would prohibit state courts from recognizing a defamation judgment obtained in a foreign jurisdiction, unless the court determines the defamation law applied in the case provided at least as much protection for freedom of expression as offered by the First Amendment and California Constitution.

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Leno files major Brown Act bill

Mar 02, 2009

Sen. Mark Leno (D-San Francisco) filed legislation late last week to limit secrecy associated labor negotiations between a local public agency and public employees under the Ralph M. Brown open meeting law.
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CPRA reform - Auxiliary organizations