BILL NUMBER: AB 1494	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 4, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 27, 2009

   An act to amend Section 11122.5 of the Government Code, relating
to public meetings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1494, as amended, Eng. Public meetings: definition. 
   The 
    (1)     The  Bagley-Keene Open Meeting
Act requires, with specified exceptions, that all meetings of a
state body be open and public and all persons be permitted to attend
any meeting of a state body. The act defines "meeting" for the
purposes of the act and, with the exception of teleconferencing,
prohibits any use of direct communication, personal intermediaries,
or technological devices employed by a majority of the members of the
state body to develop a collective concurrence as to action to be
taken on an item by the members of the state body. Existing law
specifies the contacts, conferences, and other types of gatherings
that are excluded from this prohibition.
   This bill would repeal that prohibition regarding the use of those
communications or devices to develop a collective concurrence. The
bill would instead prohibit a majority of the members of a state body
from using a series of communications of any kind, directly or
through intermediaries, to discuss, deliberate, or take action on any
item of business that is within the subject matter of the state
body. The bill would additionally exclude from that prohibition an
employee or official of a state agency engaging in a separate
conversation or communication with a member of a legislative body for
the propose of answering questions or providing information, as
specified. 
    (2) The act provides that certain activities do not apply to the
prohibitions of the act, including an individual contact or
conversation that is between a member of a state body and any other
person.  
   This bill would specify that the individual contact or
conversation between a member of a state body and any other person
not otherwise violate the prohibitions of the act. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11122.5 of the Government Code is amended to
read:
   11122.5.  (a) As used in this article, "meeting" includes any
congregation of a majority of the members of a state body at the same
time and place to hear, discuss, or deliberate upon any item that is
within the subject matter jurisdiction of the state body to which it
pertains.
   (b) (1) A majority of the members of a state body shall not,
outside of a meeting authorized by this chapter, use a series of
communications of any kind, directly or through intermediaries, to
discuss, deliberate, or take action on any item of business that is
within the subject matter of the state body.
   (2) Paragraph (1) shall not be construed to prevent an employee or
official of a state agency from engaging in separate conversations
or communications outside of a meeting authorized by this chapter
with members of a legislative body in order to answer questions or
provide information regarding a matter that is within the subject
matter jurisdiction of the state agency, if that person does not
communicate to members of the legislative body the comments or
position of any other member or members of the legislative body.
   (c) The prohibitions of this article do not apply to any of the
following:
   (1) Individual contacts or conversations between a member of a
state body and any other person  that do not violate subdivision
(b)  .
   (2) (A) The attendance of a majority of the members of a state
body at a conference or similar gathering open to the public that
involves a discussion of issues of general interest to the public or
to public agencies of the type represented by the state body, if a
majority of the members do not discuss among themselves, other than
as part of the scheduled program, business of a specified nature that
is within the subject matter jurisdiction of the state body.
   (B) Subparagraph (A) does not allow members of the public free
admission to a conference or similar gathering at which the
organizers have required other participants or registrants to pay
fees or charges as a condition of attendance.
   (3) The attendance of a majority of the members of a state body at
an open and publicized meeting organized to address a topic of state
concern by a person or organization other than the state body, if a
majority of the members do not discuss among themselves, other than
as part of the scheduled program, business of a specific nature that
is within the subject matter jurisdiction of the state body.
   (4) The attendance of a majority of the members of a state body at
an open and noticed meeting of another state body or of a
legislative body of a local agency as defined by Section 54951, if a
majority of the members do not discuss among themselves, other than
as part of the scheduled meeting, business of a specific nature that
is within the subject matter jurisdiction of the other state body.
   (5) The attendance of a majority of the members of a state body at
a purely social or ceremonial occasion, if a majority of the members
do not discuss among themselves business of a specific nature that
is within the subject matter jurisdiction of the state body.
   (6) The attendance of a majority of the members of a state body at
an open and noticed meeting of a standing committee of that body, if
the members of the state body who are not members of the standing
committee attend only as observers.