California 2019-2020 Regular Session Status: Enacted

AB 992 — Open meetings: local agencies: social media.

Last action — Chaptered by Secretary of State - Chapter 89, Statutes of 2020.

  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 21, 2019. Enacted.

Prognosis

Advancing 54% · 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.

  • Mixed recorded votes

    6 passed, 1 failed in 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

The Ralph M. Brown Act generally requires that the meetings of legislative bodies of local agencies be conducted openly. That act defines "meeting" for purposes of the act and prohibits a majority of the members of a legislative body, outside a meeting authorized by the act, from using a series of communications of any kind to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. This bill would provide that, until January 1, 2026, the prohibition described above does not prevent a member from engaging in separate conversations or communications outside of a meeting authorized by this act with any other person using an internet-based social media platform, as defined, to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body, provided that a majority of the members do not use the internet-based social media platform to discuss among themselves, as defined, business of a specific nature that is within the subject matter jurisdiction of the legislative body, and that a member shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. 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. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 89, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 69. Noes 0. Page 5235.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 6. Page 4289.).

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

  8. From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (July 29).

  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 57. Noes 13. Page 3938.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 5. Noes 3.) (January 15).

  14. In committee: Set, first hearing. Failed passage. Reconsideration granted.

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

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

  17. Referred to Com. on L. GOV.

  18. From printer. May be heard in committee March 24.

  19. Read first time. To print.

Sponsors

  • Mullin · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

  • Mullin

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 69 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 45006
Democratic 20002
Republican 4002
Total 690010
% of votes cast 87%0%0%13%
How each member voted (79)
Member Party Vote
Burke — Yea
Holden — Yea
Gloria — Yea
Rendon — Yea
Levine — Yea
Bloom — Yea
Bigelow — Yea
Kiley — Yea
Medina — Yea
Rodriguez — Yea
Weber — Yea
Cooper — Yea
Low — Yea
Maienschein — Yea
Daly — Yea
Mayes — Yea
Waldron — Yea
Gonzalez — Yea
Kamlager — Yea
Santiago — Yea
Chiu — Yea
Ting — Yea
Nazarian — Yea
Obernolte — Yea
Cunningham — Yea
O'Donnell — Yea
Brough — Yea
Salas — Yea
Smith — Yea
Cooley — Yea
Friedman — Yea
Jones-Sawyer — Yea
Mathis — Yea
Wood — Yea
Quirk — Yea
Fong — Yea
Mullin — Yea
Chau — Yea
Chu — Yea
Diep — Not Voting
McCarty — Not Voting
Gray — Not Voting
Frazier — Not Voting
Voepel — Not Voting
Eggman — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Passed 33 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 22500
Republican 1101
Democratic 10000
Total 33601
% of votes cast 83%15%0%3%
How each member voted (40)
Member Party Vote
Dodd — Yea
Skinner — Yea
Portantino — Yea
Pan — Yea
Mitchell — Yea
Glazer — Yea
Moorlach — Yea
Wieckowski — Yea
Hueso — Yea
Chang — Yea
Roth — Yea
Galgiani — Yea
Hertzberg — Yea
Wilk — Yea
Monning — Yea
Leyva — Yea
Hill — Yea
Rubio — Yea
Allen — Yea
Beall — Yea
Atkins — Yea
Bradford — Yea
Bates — Nay
Morrell — Nay
Borgeas — Nay
Nielsen — Nay
Melendez — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Passed 57 Yea · 13 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 38707
Democratic 19201
Republican 0402
Total 5713010
% of votes cast 71%16%0%13%
How each member voted (80)
Member Party Vote
Friedman — Yea
Ting — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Medina — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Fong — Nay
Voepel — Nay
Brough — Nay
Mathis — Nay
Melendez — Nay
Diep — Nay
Wood — Not Voting
Gray — Not Voting
Rendon — Not Voting
Frazier — Not Voting
Bigelow — Not Voting
Kamlager — Not Voting
Eggman — Not Voting
Salas — Yea
Kiley — Yea
Mayes — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Chiu — Yea
Holden — Yea
Daly — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Nay
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Nay
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 992 do?
The Ralph M. Brown Act generally requires that the meetings of legislative bodies of local agencies be conducted openly. That act defines "meeting" for purposes of the act and prohibits a majority of the members of a legislative body, outside a meeting authorized by the act, from using a series of communications of any kind to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. This bill would provide that, until January 1, 2026, the prohibition described above does not prevent a member from engaging in separate conversations or communications outside of a meeting authorized by this act with any other person using an internet-based social media platform, as defined, to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body, provided that a majority of the members do not use the internet-based social media platform to discuss among themselves, as defined, business of a specific nature that is within the subject matter jurisdiction of the legislative body, and that a member shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. 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. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
Who sponsors AB 992?
AB 992 is sponsored by Mullin.
What is the current status of AB 992?
This bill has been enacted into law. Introduced February 21, 2019. Enacted.
Where can I track AB 992?
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