AB 2449

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 26, 2022
  • Passed Senate Aug 24, 2022
  • Became Law Sep 13, 2022

Open meetings: local agencies: teleconferences.

Abstract

Existing law, 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 generally requires posting an agenda at least 72 hours before a regular meeting that contains a brief general description of each item of business to be transacted or discussed at the meeting, and prohibits any action or discussion from being undertaken on any item not appearing on the posted agenda. The act authorizes a legislative body to take action on items of business not appearing on the posted agenda under specified conditions. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health. This bill would revise and recast those teleconferencing provisions and, until January 1, 2026, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements that each teleconference location be identified in the notice and agenda and that each teleconference location be accessible to the public if at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the local agency's jurisdiction. Under this exception, the bill would authorize a member to participate remotely under specified circumstances, including participating remotely for just cause or due to emergency circumstances. The emergency circumstances basis for remote participation would be contingent on a request to, and action by, the legislative body, as prescribed. The bill, until January 1, 2026, would authorize a legislative body to consider and take action on a request from a member to participate in a meeting remotely due to emergency circumstances if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The bill would define terms for purposes of these teleconferencing provisions. This bill would impose prescribed requirements for this exception relating to notice, agendas, the means and manner of access, and procedures for disruptions. The bill would require the legislative body to implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with federal law. 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 Sponsors (1)

Votes


Actions


Sep 13, 2022

California State Legislature

Chaptered by Secretary of State - Chapter 285, Statutes of 2022.

California State Legislature

Approved by the Governor.

Sep 06, 2022

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Aug 25, 2022

Assembly

Assembly Rule 77(a) suspended.

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 2.).

Aug 24, 2022

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 3. Page 5099.).

Assembly

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

Aug 09, 2022

Senate

Read second time. Ordered to third reading.

Aug 08, 2022

Senate

Read third time and amended. Ordered to second reading.

Aug 02, 2022

Senate

Read second time. Ordered to third reading.

Aug 01, 2022

Senate

Withdrawn from committee.

Senate

Ordered to second reading.

Jul 13, 2022

Senate

In committee: Hearing postponed by committee.

Jun 30, 2022

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jun 29, 2022

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 28).

Jun 23, 2022

Senate

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

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 22, 2022

Senate

From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 22). Re-referred to Com. on JUD.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on JUD.

Jun 15, 2022

Senate

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.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on GOV. & F.

Jun 08, 2022

Senate

Referred to Coms. on GOV. & F. and JUD.

  • Referral-Committee
Coms. on GOV. & F. and JUD.

May 27, 2022

Senate

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

May 26, 2022

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 4.)

May 23, 2022

Assembly

Assembly Rule 69(b) suspended. (Page 4812.)

Assembly

Read third time and amended. Ordered to third reading. (Page 4815.)

May 05, 2022

Assembly

Read second time. Ordered to third reading.

May 04, 2022

Assembly

From committee: Do pass. (Ayes 7. Noes 1.) (May 4).

Mar 03, 2022

Assembly

Referred to Com. on L. GOV.

  • Referral-Committee
Com. on L. GOV.

Feb 18, 2022

Assembly

From printer. May be heard in committee March 20.

Feb 17, 2022

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2449 HTML
02/17/22 - Introduced PDF
05/23/22 - Amended Assembly PDF
06/15/22 - Amended Senate PDF
06/23/22 - Amended Senate PDF
06/30/22 - Amended Senate PDF
08/08/22 - Amended Senate PDF
08/29/22 - Enrolled PDF
09/13/22 - Chaptered PDF

Related Documents

Document Format
05/02/22- Assembly Local Government PDF
05/06/22- ASSEMBLY FLOOR ANALYSIS PDF
05/24/22- ASSEMBLY FLOOR ANALYSIS PDF
06/20/22- Senate Governance and Finance PDF
06/27/22- Senate Judiciary PDF
08/03/22- Sen. Floor Analyses PDF
08/18/22- Sen. Floor Analyses PDF
08/24/22- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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