Section 11125.1 Of Article 9. Meetings From California Government Code >> Division 3. >> Title 2. >> Part 1. >> Chapter 1. >> Article 9.
11125.1
. (a) Notwithstanding Section 6255 or any other provisions
of law, agendas of public meetings and other writings, when
distributed to all, or a majority of all, of the members of a state
body by any person in connection with a matter subject to discussion
or consideration at a public meeting of the body, are disclosable
public records under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), and shall
be made available upon request without delay. However, this section
shall not include any writing exempt from public disclosure under
Section 6253.5, 6254, or 6254.7 of this code, or Section 489.1 or 583
of the Public Utilities Code.
(b) Writings that are public records under subdivision (a) and
that are distributed to members of the state body prior to or during
a meeting, pertaining to any item to be considered during the
meeting, shall be made available for public inspection at the meeting
if prepared by the state body or a member of the state body, or
after the meeting if prepared by some other person. These writings
shall be made available in appropriate alternative formats, as
required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
adopted in implementation thereof, upon request by a person with a
disability.
(c) In the case of the Franchise Tax Board, prior to that state
body taking final action on any item, writings pertaining to that
item that are public records under subdivision (a) that are prepared
and distributed by the Franchise Tax Board staff or individual
members to members of the state body prior to or during a meeting
shall be:
(1) Made available for public inspection at that meeting.
(2) Distributed to all persons who request notice in writing
pursuant to subdivision (a) of Section 11125.
(3) Made available on the Internet.
(d) Prior to the State Board of Equalization taking final action
on any item that does not involve a named tax or fee payer, writings
pertaining to that item that are public records under subdivision (a)
that are prepared and distributed by board staff or individual
members to members of the state body prior to or during a meeting
shall be:
(1) Made available for public inspection at that meeting.
(2) Distributed to all persons who request or have requested
copies of these writings.
(3) Made available on the Internet.
(e) Nothing in this section shall be construed to prevent a state
body from charging a fee or deposit for a copy of a public record
pursuant to Section 6253, except that no surcharge shall be imposed
on persons with disabilities in violation of Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof.
The writings described in subdivision (b) are subject to the
requirements of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), and shall
not be construed to limit or delay the public's right to inspect any
record required to be disclosed by that act, or to limit the public's
right to inspect any record covered by that act. This section shall
not be construed to be applicable to any writings solely because they
are properly discussed in a closed session of a state body. Nothing
in this article shall be construed to require a state body to place
any paid advertisement or any other paid notice in any publication.
(f) "Writing" for purposes of this section means "writing" as
defined under Section 6252.