Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2720


Introduced by Assembly Member Ting

February 21, 2014


An act to amend Sectionbegin delete 11122end deletebegin insert 11123end insert of the Government Code, relating to public meetings.

LEGISLATIVE COUNSEL’S DIGEST

AB 2720, as amended, Ting. State agencies: meetings: record of action taken.

The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body, as defined, be open and public and all persons be permitted to attend any meeting of a state body. The act defines various terms for its purposes, including “action taken,” which means a collective decision made by the members of a state body, a collective commitment or promise by the members of the state body to make a positive or negative decision, or an actual vote by the members of a state body when sitting as a body or entity upon a motion, proposal, resolution, order, or similar action.

This bill wouldbegin delete, if the action taken by the members of a state body is a recorded vote, require that the vote be counted and identified in the minutes of the state bodyend deletebegin insert require a state body to publicly report any action taken and the vote or abstention on that action of each member present for the actionend insert.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11123 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

11123.  

(a) All meetings of a state body shall be open and
4public and all persons shall be permitted to attend any meeting of
5a state body except as otherwise provided in this article.

6(b) (1) This article does not prohibit a state body from holding
7an open or closed meeting by teleconference for the benefit of the
8public and state body. The meeting or proceeding held by
9teleconference shall otherwise comply with all applicable
10requirements or laws relating to a specific type of meeting or
11proceeding, including the following:

12(A) The teleconferencing meeting shall comply with all
13requirements of this article applicable to other meetings.

14(B) The portion of the teleconferenced meeting that is required
15to be open to the public shall be audible to the public at the location
16specified in the notice of the meeting.

17(C) If the state body elects to conduct a meeting or proceeding
18by teleconference, it shall post agendas at all teleconference
19locations and conduct teleconference meetings in a manner that
20protects the rights of any party or member of the public appearing
21before the state body. Each teleconference location shall be
22identified in the notice and agenda of the meeting or proceeding,
23and each teleconference location shall be accessible to the public.
24The agenda shall provide an opportunity for members of the public
25to address the state body directly pursuant to Section 11125.7 at
26each teleconference location.

27(D) All votes taken during a teleconferenced meeting shall be
28by rollcall.

29(E) The portion of the teleconferenced meeting that is closed
30to the public may not include the consideration of any agenda item
31being heard pursuant to Section 11125.5.

32(F) At least one member of the state body shall be physically
33present at the location specified in the notice of the meeting.

34(2) For the purposes of this subdivision, “teleconference” means
35a meeting of a state body, the members of which are at different
36locations, connected by electronic means, through either audio or
37both audio and video. This section does not prohibit a state body
38from providing members of the public with additional locations
P3    1in which the public may observe or address the state body by
2electronic means, through either audio or both audio and video.

begin insert

3(3) The state body shall publicly report any action taken and
4the vote or abstention on that action of each member present for
5the action.

end insert
begin delete6

SECTION 1.  

Section 11122 of the Government Code is
7amended to read:

8

11122.  

As used in this article “action taken” means a collective
9decision made by the members of a state body, a collective
10commitment or promise by the members of the state body to make
11a positive or negative decision, or an actual vote by the members
12of a state body when sitting as a body or entity upon a motion,
13proposal, resolution, order or similar action. If the action taken by
14the members of a state body is a recorded vote, the vote shall be
15counted and identified in the minutes of the state body.

end delete


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