BILL NUMBER: AB 194	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2014
	AMENDED IN SENATE  JULY 1, 2014
	AMENDED IN SENATE  JUNE 17, 2014
	AMENDED IN ASSEMBLY  JANUARY 27, 2014
	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly Member Campos

                        JANUARY 28, 2013

   An act to amend Section 54954.3 of the Government Code, relating
to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 194, as amended, Campos. Open meetings: public criticism and
comment.
   The Ralph M. Brown Act requires, with specified exceptions, that
all meetings of a legislative body of a local agency, as those terms
are defined, be open and public and that all persons be permitted to
attend and participate. The act requires an agenda for a regular
meeting to provide an opportunity for members of the public to
directly address the legislative body on any item of interest to the
public, before or during the legislative body's consideration of the
item, that is within the subject matter jurisdiction of the
legislative body. The act excepts from this requirement an agenda
item that has already been considered by a committee, composed
exclusively of members of the legislative body, at a public meeting
wherein all interested members of the public were afforded the
opportunity to address the committee on the item, before or during
the committee's consideration of the item, unless the item has been
substantially changed, as specified. The act requires a notice for a
special meeting to provide an opportunity for members of the public
to directly address the legislative body concerning any item that has
been described in the notice before or during consideration of that
item. The act authorizes the legislative body to adopt reasonable
regulations to ensure that the intent of these provisions are carried
out. Existing law forbids the legislative body from prohibiting
public criticism of the policies, procedures, programs, or services
of the agency, or of the acts or omissions of the legislative body.
   This bill would instead require the agenda for a regular  and
special  meeting to provide an opportunity for  members
of  the public to directly address the legislative body on
any item of interest to the public before and during the legislative
body's consideration of the item,  except  as specified.
This bill would expand the existing prohibition against a legislative
body limiting public criticism to include criticism of the officers
and employees of the legislative body, and specify other designated
prohibited activities related to limiting public comment. This bill
would, if a legislative body limits the time allocated for public
testimony on a particular issue or for each individual speaker,
prohibit a reduction in that allocated time by reason of the
questioning or interruption of the speaker by the legislative body or
its officers or employees, and the speaker's response to
questioning. 
   This bill would incorporate additional changes to Section 54954.3
of the Government Code proposed by AB 1330 that would become
operative if this bill and AB 1330 are both chaptered and this bill
is chaptered last. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 54954.3 of the Government Code is amended to
read:
   54954.3.  (a) Every agenda for regular meetings shall provide an
opportunity for  members of  the public to directly
address the legislative body on any item of interest to the public,
before and during the legislative body's consideration of the item,
that is within the subject matter jurisdiction of the legislative
body, provided that no action shall be taken on any item not
appearing on the agenda unless the action is otherwise authorized by
subdivision (b) of Section 54954.2. However, the agenda need not
provide an opportunity for  members of  the public
to address the legislative body on any item that has already been
considered by a committee, composed exclusively of members of the
legislative body, at a public meeting wherein all interested members
of the public were afforded the opportunity to address the committee
on the item, before or during the committee's consideration of the
item, unless the item has been substantially changed since the
committee heard the item, as determined by the legislative body.
Every notice for a special meeting shall provide an opportunity for
 members of  the public to directly address the
legislative body concerning any item that has been described in the
notice for the meeting before  or   and 
during consideration of that item.
   (b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is carried
out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues
and for each individual speaker, and the procedure for public comment
on agenda items.
   (c) (1) Subject to reasonable regulations promulgated pursuant to
subdivision (b), the legislative body of a local agency, or its
presiding officer or staff, acting in their official capacity on
behalf of the legislative body, shall not prohibit, limit, or
otherwise prevent any of the following:
   (A) Public criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the
legislative body or its officers or employees acting in their
official capacity.
   (B) Comment by a member of the public during presentation of an
agenda item who has not provided notice of his or her desire to
comment prior to consideration of the agenda item by the legislative
body.
   (C) Comment by a member of the public based on his or her
viewpoint where the comment is within the subject matter jurisdiction
of the legislative body.
   (2) If a legislative body limits the total amount of time
allocated for public testimony on a particular issue or for each
individual speaker, the questioning or interrupting of the speaker by
the legislative body, its officers or employees, and the speaker's
response to questioning shall not reduce the total time allocated for
public testimony on the particular issue or allocated for an
individual speaker.
   (3) This subdivision shall not be construed to confer any
privilege or protection for expression beyond that otherwise provided
by law.
   SEC. 2.    Section 54954.3 of the  
Government Code   is amended to read: 
   54954.3.  (a) Every agenda for regular meetings shall provide an
opportunity for  members of  the public to directly
address the legislative body on any item of interest to the public,
before  or   and  during the legislative
body's consideration of the item, that is within the subject matter
jurisdiction of the legislative body, provided that no action shall
be taken on any item not appearing on the agenda unless the action is
otherwise authorized by subdivision (b) of Section 54954.2. However,
the agenda need not provide an opportunity for  members of
 the public to address the legislative body on any item that
has already been considered by a committee, composed exclusively of
members of the legislative body, at a public meeting wherein all
interested members of the public were afforded the opportunity to
address the committee on the item, before or during the committee's
consideration of the item, unless the item has been substantially
changed since the committee heard the item, as determined by the
legislative body. Every notice for a special meeting shall provide an
opportunity for  members of  the public to directly
address the legislative body concerning any item that has been
described in the notice for the meeting before  or 
 and  during consideration of that item.
   (b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is carried
out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues
and for each individual  speaker.    
speaker, and the procedure for public comment on agenda items. 

   (c) The legislative body of a local agency shall not prohibit
public criticism of the policies, procedures, programs, or services
of the agency, or of the acts or omissions of the legislative body.
Nothing in this subdivision shall confer any privilege or protection
for expression beyond that otherwise provided by law.  
   (c) (1) Subject to reasonable regulations promulgated pursuant to
subdivision (b), the legislative body of a local agency, or its
presiding officer or staff, acting in their official capacity on
behalf of the legislative body, shall not prohibit, limit, or
otherwise prevent any of the following:  
   (A) Public criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the
legislative body or its officers or employees acting in their
official capacity.  
   (B) Comment by a member of the public during presentation of an
agenda item who has not provided notice of his or her desire to
comment prior to consideration of the agenda item by the legislative
body.  
   (C) Comment by a member of the public based on his or her
viewpoint where the comment is within the subject matter jurisdiction
of the legislative body.  
   (2) If a legislative body limits the total amount of time
allocated for public testimony on a particular issue or for each
individual speaker, the questioning or interrupting of the speaker by
the legislative body, its officers or employees, and the speaker's
response to questioning shall not reduce the total time allocated for
public testimony on the particular issue or allocated for an
individual speaker.  
   (3) This subdivision shall not be construed to confer any
privilege or protection for expression beyond that otherwise provided
by law.  
   (d) (1) To ensure that a non-English speaker who uses a translator
receives the same opportunity to directly address the legislative
body of a local agency as a speaker who does not use a translator,
notwithstanding subdivision (b), if that body limits time for public
comment, the time used by a translator to translate a non-English
speaker's comments into English shall not count toward the speaker's
allotted time.  
   (2) Paragraph (1) shall not apply if the legislative body of a
local agency utilizes simultaneous translation equipment in a manner
that allows that body to hear the translated public testimony
simultaneously. 
   SEC. 3.    Section 2 of this bill incorporates
amendments to Section 54954.3 of the Government Code proposed by both
this bill and Assembly Bill 1330. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 54954.3 of the Government Code,
and (3) this bill is enacted after Assembly Bill 1330, in which case
Section 1 of this bill shall not become operative.