BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1787|
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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:
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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
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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
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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
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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
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