California 2013-2014 Regular Session Status: To Executive

AB 194 — Open meetings: public criticism and comment.

Last action — Vetoed by Governor.

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

This bill died with 2013-2014 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act requires an agenda for a regular meeting to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body. The act excepts from this requirement an agenda item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed, as specified. The act requires a notice for a special meeting to provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice before or during consideration of that item. The act authorizes the legislative body to adopt reasonable regulations to ensure that the intent of these provisions is carried out. Existing law forbids the legislative body from prohibiting public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. This bill would instead require the agenda for a regular and special meeting to provide an opportunity for the public to directly address the legislative body on any item of interest to the public before and during the legislative body's consideration of the item, except as specified. This bill would expand the existing prohibition against a legislative body limiting public criticism to include criticism of the officers and employees of the legislative body, and specify other designated prohibited activities related to limiting public comment. This bill would, if a legislative body limits the time allocated for public testimony on a particular issue or for each individual speaker, prohibit a reduction in that allocated time by reason of the questioning or interruption of the speaker by the legislative body or its officers or employees, and the speaker's response to questioning. This bill would incorporate additional changes to Section 54954.3 of the Government Code proposed by AB 1330 that would become operative if this bill and AB 1330 are both chaptered and this bill is chaptered last.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 13. Page 6593.).

  4. Assembly Rule 77 suspended. (Ayes 56. Noes 21. Page 6571.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 8. Page 4853.).

  7. Read second time. Ordered to third reading.

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

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

  10. From committee: Do pass as amended. (Ayes 5. Noes 2.) (June 25).

  11. 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.

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

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 11. Page 3715.)

  15. Read third time and amended. Ordered to third reading. (Page 3681.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 6. Noes 0.) (January 15).

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

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

  20. In committee: Set, first hearing. Hearing canceled at the request of author.

  21. Referred to Com. on L. GOV.

  22. From printer. May be heard in committee February 28.

  23. Read first time. To print.

Sponsors

  • Campos · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Campos

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

AB 194 CAMPOS Concurrence in Senate Amendments

Passed 56 Yea · 13 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 539010
Democratic 3100
Republican 0300
Total 5613010
% of votes cast 71%16%0%13%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Not Voting
Medina — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Cooley — Yea
Campos — Yea
Gatto — Yea
Gomez — Yea
Holden — Yea
Lowenthal — Yea
Garcia — Yea
Levine — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Bonilla — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Ammiano — Yea
Dababneh — Yea
Eggman — Yea
Pan — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Waldron — Yea
Wieckowski — Yea
Wilk — Yea
Dickinson — Yea
Donnelly — Yea
Maienschein — Yea
Perea — Yea
Williams — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Gordon — Not Voting
Gorell — Not Voting
Allen — Not Voting
Hagman — Nay
Harkey — Not Voting
Logue — Nay
Mansoor — Nay
Nestande — Yea
Chau — Yea
Chesbro — Not Voting
Chávez — Nay
Conway — Nay
Daly — Not Voting
Olsen — Not Voting
Fox — Nay
Frazier — Yea
Yamada — Yea
Hall — Yea
Beth Gaines — Not Voting
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB194 Campos By Leno

Passed 26 Yea · 8 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 24805
Democratic 2001
Total 26806
% of votes cast 65%20%0%15%
How each member voted (40)
Member Party Vote
Beall — Yea
Block — Yea
Lara — Yea
Correa — Yea
Liu — Yea
Wright — Not Voting
Wyland — Nay
Mitchell — Yea
De León — Yea
Cannella — Yea
Galgiani — Yea
Hancock — Not Voting
Hernandez — Not Voting
Hill — Yea
Hueso — Yea
Huff — Nay
Knight — Nay
Anderson — Yea
Corbett — Yea
Leno — Yea
Lieu — Yea
Monning — Yea
Morrell — Nay
Nielsen — Nay
Pavley — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Vidak — Nay
Walters — Nay
Wolk — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hernandez — Yea
Liu — Yea
Wolk — Yea
Knight — Nay
Beall — Yea
DeSaulnier — Yea
Walters — Nay

Official roll call →

AB 194 CAMPOS Assembly Third Reading

Passed 46 Yea · 11 Nay · 23 Other
Party YeaNayPresentNot Voting
Unaffiliated 447022
Democratic 2101
Republican 0300
Total 4611023
% of votes cast 58%14%0%29%
How each member voted (80)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Ammiano — Yea
Bloom — Not Voting
Bradford — Yea
Brown — Yea
Buchanan — Not Voting
Harkey — Not Voting
Linder — Not Voting
Maienschein — Not Voting
Mansoor — Nay
Quirk — Yea
Rodriguez — Yea
Wagner — Nay
Waldron — Nay
Campos — Yea
Gatto — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Chesbro — Yea
Hall — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
Levine — Yea
John A. Pérez — Yea
Salas — Yea
Medina — Yea
Cooley — Yea
Donnelly — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Pan — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Ting — Yea
Wieckowski — Yea
Allen — Not Voting
Bonilla — Not Voting
Gorell — Not Voting
Chau — Yea
Holden — Not Voting
Chávez — Not Voting
Conway — Nay
Bigelow — Not Voting
Eggman — Not Voting
Logue — Not Voting
Morrell — Nay
Nestande — Nay
Olsen — Not Voting
Perea — Not Voting
Weber — Yea
Wilk — Not Voting
Williams — Not Voting
Dababneh — Yea
Daly — Yea
Dickinson — Yea
Fox — Not Voting
Frazier — Not Voting
Yamada — Yea
Gomez — Yea
Hagman — Not Voting
Beth Gaines — Nay
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6003
Total 6003
% of votes cast 67%0%0%33%
How each member voted (9)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Bradford — Yea
Mullin — Yea
Levine — Yea
Melendez — Not Voting
Rendon — Yea
Waldron — Not Voting
Gordon — Yea

Official roll call →

Subjects

civil-rights elections
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Frequently asked questions

What does AB 194 do?
The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act requires an agenda for a regular meeting to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body. The act excepts from this requirement an agenda item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed, as specified. The act requires a notice for a special meeting to provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice before or during consideration of that item. The act authorizes the legislative body to adopt reasonable regulations to ensure that the intent of these provisions is carried out. Existing law forbids the legislative body from prohibiting public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. This bill would instead require the agenda for a regular and special meeting to provide an opportunity for the public to directly address the legislative body on any item of interest to the public before and during the legislative body's consideration of the item, except as specified. This bill would expand the existing prohibition against a legislative body limiting public criticism to include criticism of the officers and employees of the legislative body, and specify other designated prohibited activities related to limiting public comment. This bill would, if a legislative body limits the time allocated for public testimony on a particular issue or for each individual speaker, prohibit a reduction in that allocated time by reason of the questioning or interruption of the speaker by the legislative body or its officers or employees, and the speaker's response to questioning. This bill would incorporate additional changes to Section 54954.3 of the Government Code proposed by AB 1330 that would become operative if this bill and AB 1330 are both chaptered and this bill is chaptered last.
Who sponsors AB 194?
AB 194 is sponsored by Campos.
What is the current status of AB 194?
This bill died with 2013-2014 Regular Session. It reached “To Executive” 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 194?
Track AB 194 free on One Click Politics — get push/email alerts when it moves.

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