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AB-2958 State bodies: meetings: teleconference.(2017-2018)

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Date Published: 06/19/2018 04:00 AM
AB2958:v96#DOCUMENT

Amended  IN  Senate  June 18, 2018
Amended  IN  Assembly  April 25, 2018
Amended  IN  Assembly  April 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2958


Introduced by Assembly Member Quirk

February 16, 2018


An act to add Section 11123.5 to the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2958, as amended, Quirk. State bodies: meetings: teleconference.
Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Existing law does not prohibit a state body from holding an open or closed meeting by teleconference for the benefit of the public and state body. Existing law, among other things, requires a state body that elects to conduct a meeting or proceeding by teleconference to post agendas at all teleconference locations, to identify each teleconference location in the notice and agenda, and to make each teleconference location accessible to the public. Existing law requires the agenda to provide an opportunity for members of the public to address the state body directly at each teleconference location, as specified.
This bill, for an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body that does not have rulemaking or voting authority, would instead require a member of a state body participating by teleconference to be listed in the meeting minutes. The bill would require a state body that meets this description to designate a primary physical meeting location where a quorum of the members of the state body will attend and where participants may physically attend the meeting and participate. The bill would require that the agenda include the teleconference phone number and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely. The bill would require these state bodies, on and after January 1, 2019, to adopt teleconferencing guidelines, as specified, before holding a meeting by teleconference pursuant to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11123.5 is added to the Government Code, to read:

11123.5.
 Notwithstanding any other law, all of the following shall apply to a meeting held by teleconference under this article by an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body that does not have rulemaking or voting authority, as described in subdivision (c) of Section 11121:
(a) A member of a state body described in this section participating by teleconference shall be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.
(b) A state body described in this section shall designate a primary physical meeting location where participants may physically attend the meeting and participate. A quorum of the members of the state body shall be in attendance at the primary physical meeting location.
(c) The teleconference phone number and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, shall be included in the agenda, which shall be available to the public.
(d) (1) Nothing in this section shall exempt a state body described in this section from providing information regarding the physical location of a state body meeting or any teleconference participation information, including the identity of a state body member who might be participating by teleconference.
(2) On and after January 1, 2019, prior to holding a meeting by teleconference pursuant to this section, a state body described in this section shall adopt teleconferencing regulations guidelines consistent with this section to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.