BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1787| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1787 Author: Gomez (D) Amended: 8/2/16 in Senate Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE: 4-0, 6/8/16 AYES: Wieckowski, Hill, Leno, Pavley NO VOTE RECORDED: Gaines, Bates, Jackson SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 6/29/16 AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Pavley NO VOTE RECORDED: Moorlach SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 73-0, 4/11/16 - See last page for vote SUBJECT: Open meetings: public comments: translation SOURCE: Author DIGEST: This bill requires local agency legislative bodies to allow at least twice as much time to members of the public commenting through a translator. ANALYSIS: Existing law: AB 1787 Page 2 1)Establishes, pursuant to the Ralph M. Brown Act (Brown Act), procedures to ensure public access to information maintained by local agencies and that the decisions made by public agencies are done in an open and transparent fashion to retain public control over those agencies. 2)Requires the legislative body of a local agency to provide the public with the opportunity to comment on each agenda item, subject to reasonable regulations (such as time limits on individual testimony) that further the intent of the Brown Act to allow public input. 3)Requires state bodies-boards and commissions with multiple members-to hold open meetings. 4)Requires a state body to provide at least twice as much time to any individual using a translator when the body limits testimony, unless the body uses simultaneous translation technology that allows the body to hear the translation simultaneously. This bill: 1)Requires the legislative body of a local agency that imposes time limits on public comment to provide at least twice the allotted time to a member of the public that speaks through a translator. 2)Exempts a local agency from this requirement if it provides simultaneous translation equipment that allows the legislative body to hear the translation simultaneously. Background The Brown Act, first enacted by the Legislature in 1953, is the AB 1787 Page 3 set of state laws which guarantees the public's right to attend and participate in local legislative bodies' meetings. Local agencies subject to the Brown Act include cities, charter cities, counties, school districts, special districts, and other political subdivisions of the state. The Bagley-Keene Open Meeting Act (Bagley-Keene Act) requires state bodies-boards and commissions with multiple members-to hold open meetings. Like local agencies, state bodies must provide the public with the opportunity to comment on each agenda item and may similarly adopt reasonable rules to ensure equal access. In 2012, the Legislature amended the Bagley-Keene Act to require a state body to provide at least twice as much time to any individual using a translator when the body limits testimony, unless the body uses simultaneous translation technology that allows the body to hear the translation simultaneously (SB 965, Wright, Chapter 551, Statutes of 2012). Some legislators want to extend these requirements to local agencies. Comments Purpose of the bill. The right to comment on government decisions is fundamental to ensuring that the perspectives of everyday Californians are heard and considered by their representatives. California draws residents from all over the world, including individuals that speak a primary language other than English. Yet some local agencies, in a desire to expedite their decisions, limit the testimony of these residents by imposing time limits that do not consider the need for a translator to make their voices heard. These limitations violate the spirit of the Brown Act, if not the letter of the law. AB 1787 ensures that local agencies provide all Californians with equal opportunity to comment by doubling the time allotted for those that need translators. State boards and commissions already have to meet this requirement, and most local agencies conduct meetings this way as well. AB 1787 simply ensures that the requirements for those remaining AB 1787 Page 4 agencies are clear. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SUPPORT: (Verified8/9/16) Asamblea de Gonzales California Communities Against Toxics California Environmental Justice Alliance California Environmental Justice Coalition California Safe Schools California Special Districts Association California State Association of Counties Center on Race, Poverty and the Environment Comite Civico Del Valle Community Food & Justice Coalition Del Amo Action Committee Desert Protection Society El Pueblo Para el Aire y Agua Limpia/People for Clean Air and Water of Kettleman City Environmental Justice Coalition for Water Food Empowerment Project Grayson Neighborhood Council Greenaction for Health and Environmental Justice Healthy 880 Communities Huntersview Mothers and Fathers Committee for Health and Environmental Justice Idle No More SF Bay IVAN Network Label GMOs California's Grassroots La Cuna de Aztlan Sacred Sites Protection Circle League of California Cities Los Angeles Environmental Justice Network Tri-Valley CAREs (Communities Against a Radioactive Environment) Valley Improvement Projects West Berkeley Alliance for Clean Air and Safe Jobs West County Toxics Coalition West Oakland Environmental Indicators Project AB 1787 Page 5 OPPOSITION: (Verified8/9/16) None received ASSEMBLY FLOOR: 73-0, 4/11/16 AYES: Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood NO VOTE RECORDED: Beth Gaines, Gonzalez, Hadley, Melendez, Obernolte, Rendon Prepared by:Anton Favorini-Csorba / GOV. & F. / (916) 651-4119 8/10/16 15:53:14 **** END ****