California 2011-2012 Regular Session Status: Passed Assembly

AB 1736 — Local government: open meetings.

Last action — Reconsideration granted. (Ayes 38. Noes 0. Page 4875.)

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The Ralph M. Brown Act requires each legislative body of a local agency to provide the time and place for holding regular meetings and requires that all meetings of a legislative body be open and public. Under the act, all persons are permitted to attend any meeting of the legislative body of a local agency, unless a closed session is authorized. Under the act, the legislative body of a local agency is authorized to hold closed sessions with the Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, as specified, or a threat to the public's right of access to public services or public facilities. This bill would authorize the legislative body of a local agency to hold these closed sessions with the Governor and other specified individuals. This bill would require a legislative body of a local agency that meets in these specified types of a closed session to include additional information in its posted agenda regarding those in attendance. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (3) This bill would incorporate additional changes in Section 54954.5 of the Government Code, as proposed by AB 2690 and SB 1395, to be operative depending on when these respective bills are effective and chaptered, as specified.

Bill Text

Action History

  1. Reconsideration granted. (Ayes 38. Noes 0. Page 4875.)

  2. Motion to reconsider made by Senator Pavley.

  3. Read third time. Refused passage. (Ayes 16. Noes 20. Page 4874.).

  4. Read second time. Ordered to third reading.

  5. Read third time and amended. Ordered to second reading.

  6. Read second time and amended. Ordered to third reading.

  7. From committee: Do pass as amended. (Ayes 6. Noes 0.) (June 13).

  8. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

  9. Referred to Com. on GOV. & F.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 3. Page 4556.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 7. Noes 0.) (April 11).

  14. Re-referred to Com. on L. GOV.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  16. Referred to Com. on L. GOV.

  17. From printer. May be heard in committee March 18.

  18. Read first time. To print.

Sponsors

  • Smyth · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Smyth

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

3rd Reading AB1736 Smyth By Pavley Reconsider

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Fuller — Yea
Rubio — Yea
Hancock — Yea
Corbett — Yea
Harman — Yea
Runner — Not Voting
Hernandez — Yea
Huff — Yea
Blakeslee — Yea
Dutton — Yea
Kehoe — Yea
Lieu — Yea
Liu — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Leno — Yea
Pavley — Yea
Price — Yea
Vargas — Yea
Wolk — Yea
Wyland — Not Voting
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

3rd Reading AB1736 Smyth By Pavley

Failed 16 Yea · 20 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 141904
Democratic 2000
Republican 0100
Total 162004
% of votes cast 40%50%0%10%
How each member voted (40)
Member Party Vote
Yee — Nay
Hancock — Nay
Cannella — Nay
Fuller — Yea
Negrete McLeod — Yea
Lowenthal — Yea
Rubio — Yea
De León — Nay
Harman — Nay
Hernandez — Yea
Huff — Nay
Runner — Not Voting
Alquist — Yea
Blakeslee — Nay
Corbett — Nay
Correa — Nay
Dutton — Nay
Kehoe — Not Voting
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Wright — Nay
Anderson — Nay
Leno — Nay
Simitian — Yea
Vargas — Not Voting
Wolk — Yea
Wyland — Not Voting
Emmerson — Nay
Evans — Nay
DeSaulnier — Nay
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Total 6002
% of votes cast 75%0%0%25%
How each member voted (8)
Member Party Vote
Wolk — Yea
Fuller — Yea
Hernandez — Yea
DeSaulnier — Yea
Dutton — Not Voting
Kehoe — Not Voting
Liu — Yea
La Malfa — Yea

Official roll call →

AB 1736 SMYTH Assembly Third Reading

Passed 64 Yea · 3 Nay · 13 Other
Party YeaNayPresentNot Voting
Republican 1001
Unaffiliated 623012
Democratic 1000
Total 643013
% of votes cast 80%4%0%16%
How each member voted (80)
Member Party Vote
Hall — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Yamada — Not Voting
Feuer — Nay
Galgiani — Yea
Bonilla — Yea
Atkins — Yea
Campos — Not Voting
Fong — Not Voting
Gordon — Yea
Portantino — Not Voting
Halderman — Yea
Harkey — Not Voting
Hayashi — Yea
Hueso — Not Voting
Knight — Yea
Lara — Yea
Beall — Yea
Block — Yea
Cedillo — Not Voting
Chesbro — Yea
Donnelly — Not Voting
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Skinner — Nay
Solorio — Yea
Valadao — Yea
Wieckowski — Not Voting
Eng — Yea
Butler — Yea
Fuentes — Yea
Gatto — Yea
Gorell — Yea
Hagman — Yea
Carter — Yea
Huber — Yea
Conway — Yea
Allen — Yea
Cook — Yea
Olsen — Yea
Swanson — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Hill — Yea
Huffman — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Not Voting
Monning — Yea
Nielsen — Yea
Perea — Yea
Smyth — Yea
Torres — Yea
Wagner — Yea
Davis — Yea
Dickinson — Yea
Furutani — Not Voting
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Total 7002
% of votes cast 78%0%0%22%
How each member voted (9)
Member Party Vote
Gordon — Yea
Campos — Not Voting
Davis — Yea
Hueso — Not Voting
Alejo — Yea
Bradford — Yea
Knight — Yea
Norby — Yea
Smyth — Yea

Official roll call →

Subjects

public-safety civil-rights elections
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Frequently asked questions

What does AB 1736 do?
(1) The Ralph M. Brown Act requires each legislative body of a local agency to provide the time and place for holding regular meetings and requires that all meetings of a legislative body be open and public. Under the act, all persons are permitted to attend any meeting of the legislative body of a local agency, unless a closed session is authorized. Under the act, the legislative body of a local agency is authorized to hold closed sessions with the Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, as specified, or a threat to the public's right of access to public services or public facilities. This bill would authorize the legislative body of a local agency to hold these closed sessions with the Governor and other specified individuals. This bill would require a legislative body of a local agency that meets in these specified types of a closed session to include additional information in its posted agenda regarding those in attendance. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (3) This bill would incorporate additional changes in Section 54954.5 of the Government Code, as proposed by AB 2690 and SB 1395, to be operative depending on when these respective bills are effective and chaptered, as specified.
Who sponsors AB 1736?
AB 1736 is sponsored by Smyth.
What is the current status of AB 1736?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1736?
Track AB 1736 free on One Click Politics — get push/email alerts when it moves.

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