California 2009-2010 Regular Session Status: Enacted

AB 1494 — Public meetings: definition.

Last action — Chaptered by Secretary of State - Chapter 150, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(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 which is excluded from those prohibitions not otherwise violate the prohibition that would be imposed by this bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 150, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 1 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 2473.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 11 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 1667.)

  7. Ordered to Special Consent Calendar.

  8. Read second time. To third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (June 9).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.

  12. Referred to Com. on G.O.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 1470.)

  15. Read second time. To Consent Calendar.

  16. From committee: Do pass. To Consent Calendar. (May 6).

  17. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 16. Noes 0.) (April 22).

  18. Re-referred to Com. on G.O.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.

  20. Referred to Com. on G.O.

  21. Read first time.

  22. From printer. May be heard in committee March 30.

  23. Introduced. To print.

Sponsors

  • Eng · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Eng

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 89 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Democratic 3000
Republican 3000
Total 89002
% of votes cast 98%0%0%2%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Duvall — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Fletcher — Not Voting
Huber — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Bass — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Not Voting
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Knight — Yea
Krekorian — Yea
Ma — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 35 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 33005
Republican 1000
Democratic 1001
Total 35006
% of votes cast 85%0%0%15%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Not Voting
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Harman — Not Voting
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Ashburn — Not Voting
Benoit — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Wiggins — Yea
Wolk — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Kehoe — Yea
Maldonado — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 8003
Democratic 2000
Total 10003
% of votes cast 77%0%0%23%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Negrete — Yea
Benoit — Yea
McLeod — Yea
Oropeza — Not Voting
Wiggins — Yea
Harman — Yea
Wright — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 85 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 77007
Democratic 5000
Republican 3000
Total 85007
% of votes cast 92%0%0%8%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Eng — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Anderson — Yea
Blakeslee — Yea
Duvall — Yea
Fletcher — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Gaines — Not Voting
Saldana — Not Voting
Fuentes — Not Voting
Fuller — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Ammiano — Not Voting
Hall — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Bass — Not Voting
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hayashi — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Nielsen — Yea
Smyth — Not Voting
Torlakson — Yea
Emmerson — Yea
Feuer — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Garrick — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Hall — Yea
Fuentes — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Miller — Yea
Price — Yea
Solorio — Yea
Davis — Yea
Duvall — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 17003
Total 17003
% of votes cast 85%0%0%15%
How each member voted (20)
Member Party Vote
Hall — Yea
Chesbro — Not Voting
Cook — Yea
De — Yea
Leon — Yea
Portantino — Yea
Jeffries — Yea
Lieu — Yea
Mendoza — Not Voting
Nestande — Yea
Price — Yea
Torrico — Yea
Tran — Yea
Anderson — Yea
Hill — Yea
Silva — Yea
Torres — Yea
Coto — Yea
Evans — Not Voting
Galgiani — Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1494 do?
(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 which is excluded from those prohibitions not otherwise violate the prohibition that would be imposed by this bill.
Who sponsors AB 1494?
AB 1494 is sponsored by Eng.
What is the current status of AB 1494?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1494?
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