BILL NUMBER: AB 1004	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 27, 2009

    An act to amend Section 54953 of the Government Code,
relating to open meetings.   An act to add Section
53154.5 to the Government Code, relating to local government. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1004, as amended, Portantino.  Open meetings:
teleconferences.   Local government: emergency response.
 
   Existing law specifically authorizes a public agency to charge any
person who is under the influence of an alcoholic beverage or drug,
whose negligent operation of a motor vehicle, boat or vessel, or
civil aircraft causes an incident that requires an emergency
response, who makes a false police report, or who intentionally,
knowingly, and willfully enters into an area that is closed to the
public or drives a vehicle on a street or highway that is temporarily
covered by a rise in water level, the reasonable expenses of an
emergency response to the incident.  
   This bill would prohibit a public agency from imposing a fee or
seeking reimbursement for any expense of an emergency response for
any other reason.  
   The Ralph M. Brown Act requires, with specified exceptions, that
all meetings of a legislative body of a local agency be open and
public and all persons be permitted to attend. The act authorizes a
legislative body to use teleconferencing, subject to specified
requirements, including that each teleconference location be
accessible to the public and that at least a quorum of the members of
the body participate from locations within the boundaries of the
territory over which the local agency exercises jurisdiction.
 
   This bill would delete the requirement that at least a quorum of
the members of the body participating in a teleconferenced meeting be
located within the boundaries of the territory over which the local
agency exercises jurisdiction. The bill would also delete obsolete
provisions. 
   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 53154.5 is added to the 
 Government Code  , to read:  
   53154.5.  Except as provided in Sections 53150, 53151, 53152,
53153.5, and 53159, a public agency shall not impose a fee or seek
reimbursement for any expenses of any emergency response. 

  SECTION 1.    Section 54953 of the Government Code
is amended to read:
   54953.  (a) All meetings of the legislative body of a local agency
shall be open and public, and all persons shall be permitted to
attend any meeting of the legislative body of a local agency, except
as otherwise provided in this chapter.
   (b) (1) Notwithstanding any other law, the legislative body of a
local agency may use teleconferencing for the benefit of the public
and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting
or proceeding shall comply with all requirements of this chapter and
all otherwise applicable provisions of law relating to a specific
type of meeting or proceeding.
   (2) Teleconferencing, as authorized by this section, may be used
for all purposes in connection with any meeting within the subject
matter jurisdiction of the legislative body. All votes taken during a
teleconferenced meeting shall be by rollcall.
   (3) If the legislative body of a local agency elects to use
teleconferencing, it shall post agendas at all teleconference
locations and conduct teleconference meetings in a manner that
protects the statutory and constitutional rights of the parties or
the public appearing before the legislative body of a local agency.
Each teleconference location shall be identified in the notice and
agenda of the meeting or proceeding, and each teleconference location
shall be accessible to the public. The agenda shall provide an
opportunity for members of the public to address the legislative body
directly pursuant to Section 54954.3 at each teleconference
location.
   (4) For purposes of this section, "teleconference" means a meeting
of a legislative body, the members of which are in different
locations, connected by electronic means, through either audio or
video, or both. Nothing in this section shall prohibit a local agency
from providing the public with additional teleconference locations.
   (c) No legislative body shall take action by secret ballot,
whether preliminary or final.