California 2015-2016 Regular Session Status: Passed Senate

SB 1190 — California Coastal Commission: ex parte communications: staff communications.

Last action — From Assembly without further action.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

The California Coastal Act of 1976, establishes the California Coastal Commission, and prescribes the membership and functions and duties of the commission. The act requires the commission to meet at least 11 times annually at a place convenient to the public. This bill would require the commission, commencing on or before July 1, 2017, to also provide for public participation at all commission meetings via telephone and the Internet, as prescribed. The bill would require the commission to include in the executive summary section of a staff report a list of references to any materials submitted for the public record that are determined not to relate to a matter within the commission's jurisdiction. For purposes of the act, an "ex parte communication" is defined as any oral or written communication between a member of the commission and an interested person, as defined, about a matter within the commission's jurisdiction, as defined, that does not occur in a public hearing, workshop, or other official proceeding or on the official record of the proceeding on the matter, but excludes from that definition certain communications, including communications between a staff member acting in his or her official capacity and any commission member or interested person, as prescribed. The act prohibits a commission member and an interested person from conducting an ex parte communication unless the member fully discloses and makes public the ex parte communication, as specified, and prohibits a commission member or alternate from making, participating in making, or in any other way attempting to use his or her official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication that has not been reported. This bill would prohibit a commission member or an interested person from intentionally conducting any ex parte communication on a matter within the commission's jurisdiction, as defined, or any oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. The bill would require a commission member to report these communications in writing, would require the report to be placed in the public record, and would prohibit a commission member from voting on or otherwise participating in any commission proceeding to which one of these communications applies, even if the communication is reported. The bill would exclude from the above provisions a project site visit by commission members and staff that meets certain requirements and communications conducted by a commission member while acting in his or her capacity as a local government official, as specified. This bill would also require the commission to adopt, at a duly noticed public hearing, a policy that prohibits a commission member from using or attempting to use his or her official position to place undue influence, as defined, on commission staff. The bill would forever disqualify a commission member or alternate who willfully violates that provision from holding any position at the commission.

Bill Text

Action History

  1. From Assembly without further action.

  2. Read third time. Refused passage. (Ayes 15. Noes 48. Page 6585.)

  3. Read second time. Ordered to third reading.

  4. Read second time and amended. Ordered to second reading.

  5. From committee: Do pass as amended. (Ayes 11. Noes 7.) (August 29).

  6. August 25 hearing postponed by committee.

  7. Joint Rule 62(a) suspended.

  8. Re-referred to Com. on APPR. pursuant to Assembly Rule 77.2.

  9. Ordered to third reading.

  10. Read third time and amended. (Ayes 73. Noes 0. Page 5974.)

  11. Read second time. Ordered to third reading.

  12. Read second time and amended. Ordered to second reading.

  13. From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 11).

  14. August 3 set for first hearing. Placed on APPR. suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (June 27). Re-referred to Com. on APPR.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  18. Referred to Coms. on NAT. RES. and E. & R.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 23. Noes 12. Page 3924.) Ordered to the Assembly.

  21. Read second time. Ordered to third reading.

  22. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  24. Set for hearing May 9.

  25. May 2 set for first hearing canceled at the request of author.

  26. Set for hearing May 2.

  27. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3. Page 3495.) (April 12). Re-referred to Com. on APPR.

  28. Set for hearing April 12.

  29. Re-referred to Com. on N.R. & W.

  30. Re-referred to Com. on RLS.

  31. Withdrawn from committee.

  32. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  33. April 4 set for first hearing canceled at the request of author.

  34. Set for hearing April 4.

  35. Referred to Coms. on B., P. & E.D. and JUD.

  36. From printer. May be acted upon on or after March 20.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Jackson · Primary
  • O'Donnell · Cosponsor
  • Williams · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 14 voted No

Sponsors (1)

  • Jackson

Co-sponsors (2)

  • O'Donnell
  • Williams

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

SB 1190 Jackson Senate Third Reading By O'DONNELL

Failed 15 Yea · 48 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 1440016
Democratic 1301
Republican 0500
Total 1548017
% of votes cast 19%60%0%21%
How each member voted (80)
Member Party Vote
Alejo — Not Voting
Baker — Nay
Jones-Sawyer — Not Voting
Low — Not Voting
Maienschein — Nay
Mathis — Nay
McCarty — Yea
Melendez — Nay
Obernolte — Nay
Rodriguez — Not Voting
Thurmond — Not Voting
Waldron — Nay
Wood — Yea
Eggman — Not Voting
Campos — Nay
Lopez — Yea
Atkins — Yea
Gordon — Yea
Salas — Nay
Bonilla — Nay
Harper — Nay
Levine — Yea
Chiu — Yea
Chávez — Nay
Cooper — Nay
Dababneh — Nay
Mayes — Nay
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Nay
Rendon — Yea
Ting — Yea
Wagner — Nay
Achadjian — Nay
Bigelow — Nay
Williams — Yea
Chang — Nay
Cooley — Nay
Daly — Nay
Dodd — Nay
Holden — Nay
Ridley-Thomas — Nay
Weber — Nay
Wilk — Nay
Brough — Nay
Brown — Nay
Frazier — Nay
Burke — Not Voting
Gray — Not Voting
Hadley — Nay
Chau — Not Voting
Kim — Nay
Linder — Nay
Bloom — Not Voting
Chu — Nay
Mullin — Not Voting
Quirk — Not Voting
Santiago — Not Voting
Steinorth — Nay
Gatto — Nay
Gomez — Nay
Beth Gaines — Nay
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Nay
Lorena Gonzalez — Not Voting
Mark Stone — Yea
Roger Hernández — Nay
Travis Allen — Nay
Arambula, Joaquin Democratic Nay
Bonta, Mia Democratic Not Voting
Calderon, Lisa Democratic Nay
Gipson, Mike A. Democratic Nay
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10402
Democratic 1100
Republican 0200
Total 11702
% of votes cast 55%35%0%10%
How each member voted (20)
Member Party Vote
Bloom — Yea
Obernolte — Nay
Wagner — Nay
Wood — Yea
Eggman — Yea
Bonilla — Yea
Holden — Yea
Chang — Nay
Bigelow — Nay
Chau — Yea
Daly — Not Voting
Quirk — Yea
Santiago — Yea
Weber — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Nay
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 1190 Jackson Senate Third Reading By A.,E.,S.,T., & I.M. Amendment Set #1

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 63007
Democratic 5000
Republican 5000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bloom — Yea
Brough — Yea
Levine — Yea
Maienschein — Yea
Mathis — Not Voting
Thurmond — Yea
Weber — Yea
Eggman — Yea
Chávez — Yea
Daly — Yea
Dodd — Not Voting
Frazier — Yea
Gatto — Yea
Campos — Yea
Harper — Yea
Salas — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Gray — Yea
Low — Yea
Alejo — Yea
Brown — Yea
Cooper — Yea
Dababneh — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Wagner — Yea
Lopez — Yea
Gomez — Yea
Hadley — Yea
Holden — Not Voting
Burke — Yea
Atkins — Yea
Kim — Not Voting
Linder — Yea
Chang — Yea
Chau — Yea
Baker — Yea
Bigelow — Not Voting
Chiu — Yea
Chu — Yea
Cooley — Yea
McCarty — Yea
Obernolte — Not Voting
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Wood — Yea
Gordon — Yea
Beth Gaines — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 10303
Democratic 1001
Republican 0101
Total 11405
% of votes cast 55%20%0%25%
How each member voted (20)
Member Party Vote
Holden — Not Voting
Eggman — Yea
Bonilla — Yea
Chang — Nay
McCarty — Yea
Obernolte — Nay
Bigelow — Nay
Bloom — Yea
Quirk — Yea
Santiago — Yea
Weber — Yea
Wood — Yea
Daly — Not Voting
Wagner — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 23 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 211204
Democratic 2001
Total 231205
% of votes cast 58%30%0%13%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Block — Yea
Hernandez — Not Voting
Leyva — Yea
Liu — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Cannella — Nay
Glazer — Yea
Hertzberg — Yea
Hill — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Pavley — Yea
Wolk — Yea
Galgiani — Not Voting
Runner — Not Voting
Hall — Yea
Hancock — Yea
Bates — Nay
Hueso — Not Voting
Huff — Nay
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Vidak — Nay
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting

Official roll call →

Subjects

public-safety civil-rights technology
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Frequently asked questions

What does SB 1190 do?
The California Coastal Act of 1976, establishes the California Coastal Commission, and prescribes the membership and functions and duties of the commission. The act requires the commission to meet at least 11 times annually at a place convenient to the public. This bill would require the commission, commencing on or before July 1, 2017, to also provide for public participation at all commission meetings via telephone and the Internet, as prescribed. The bill would require the commission to include in the executive summary section of a staff report a list of references to any materials submitted for the public record that are determined not to relate to a matter within the commission's jurisdiction. For purposes of the act, an "ex parte communication" is defined as any oral or written communication between a member of the commission and an interested person, as defined, about a matter within the commission's jurisdiction, as defined, that does not occur in a public hearing, workshop, or other official proceeding or on the official record of the proceeding on the matter, but excludes from that definition certain communications, including communications between a staff member acting in his or her official capacity and any commission member or interested person, as prescribed. The act prohibits a commission member and an interested person from conducting an ex parte communication unless the member fully discloses and makes public the ex parte communication, as specified, and prohibits a commission member or alternate from making, participating in making, or in any other way attempting to use his or her official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication that has not been reported. This bill would prohibit a commission member or an interested person from intentionally conducting any ex parte communication on a matter within the commission's jurisdiction, as defined, or any oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. The bill would require a commission member to report these communications in writing, would require the report to be placed in the public record, and would prohibit a commission member from voting on or otherwise participating in any commission proceeding to which one of these communications applies, even if the communication is reported. The bill would exclude from the above provisions a project site visit by commission members and staff that meets certain requirements and communications conducted by a commission member while acting in his or her capacity as a local government official, as specified. This bill would also require the commission to adopt, at a duly noticed public hearing, a policy that prohibits a commission member from using or attempting to use his or her official position to place undue influence, as defined, on commission staff. The bill would forever disqualify a commission member or alternate who willfully violates that provision from holding any position at the commission.
Who sponsors SB 1190?
SB 1190 is sponsored by Jackson, O'Donnell, and Williams.
What is the current status of SB 1190?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” 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 SB 1190?
Track SB 1190 free on One Click Politics — get push/email alerts when it moves.

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