Bill Text: CA AB823 | 2015-2016 | Regular Session | Chaptered
Bill Title: Counties: ordinances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-07-02 - Chaptered by Secretary of State - Chapter 39, Statutes of 2015. [AB823 Detail]
Download: California-2015-AB823-Chaptered.html
BILL NUMBER: AB 823 CHAPTERED
BILL TEXT
CHAPTER 39
FILED WITH SECRETARY OF STATE JULY 2, 2015
APPROVED BY GOVERNOR JULY 2, 2015
PASSED THE SENATE JUNE 18, 2015
PASSED THE ASSEMBLY APRIL 16, 2015
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 26, 2015
An act to amend Section 25124 of the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 823, Bigelow. Counties: ordinances.
Existing law requires the county board of supervisors, within 15
days after the passage of an ordinance by the board, to publish the
ordinance with the names of those members voting for and against the
ordinance, in a newspaper published in the county, except as
specified. Existing law requires that an ordinance not published, as
specified, within this 15-day period is to not take effect until 30
days after the date of its publication. Existing law authorizes a
county board of supervisors to meet this publication requirement by
publishing a summary of a proposed ordinance or proposed amendment to
an existing ordinance, under specified conditions that include,
among other requirements, publishing the summary and posting a
certified copy of the full text of the proposed ordinance or proposed
amendment in the office of the clerk of the board of supervisors at
least 5 days prior to the board of supervisors meeting at which the
proposed ordinance or amendment is to be adopted.
This bill would modify the requirements for a county board of
supervisors to publish a summary of a proposed ordinance or proposed
amendment to an existing ordinance to meet the publication
requirement for an ordinance to take effect, including, among other
new requirements, posting on the county's Internet Web site.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25124 of the Government Code is amended to
read:
25124. (a) Except as provided in subdivision (c), within 15 days
after the passage of an ordinance it shall be published once, with
the names of the members voting for and against the ordinance, in a
newspaper published in the county if there is one, and if there is no
newspaper published in the county, the ordinance shall be posted in
a prominent location at the board of supervisors' chambers within the
15-day period and remain posted thereafter for at least one week.
The local agency, at its option, may include in an ordinance
reclassifying land either a brief description accompanied by a map of
the boundaries of the property, as recited in the notice of hearing,
or a complete metes and bounds description accompanied by a map
depicting the reclassified property and adjacent properties. Except
for maps, any exhibit attached to and incorporated by reference in an
ordinance need not be published in its entirety if the publication
lists all those exhibits by title or description and includes a
notation that a complete copy of each exhibit is on file with the
clerk of the board of supervisors and is available for public
inspection and copying in that office in accordance with the
California Public Records Act, Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1. A certificate of the clerk of the
board of supervisors or order entered in the minutes of the board
that the ordinance has been duly published or posted is prima facie
proof of the publication or posting.
(b) The publication or posting of ordinances, as required by
subdivision (a), may be satisfied by either of the following actions:
(1) The county board of supervisors may publish a summary of a
proposed ordinance or proposed amendment to an existing ordinance.
The summary shall be prepared by an official designated by the board
of supervisors. A summary shall be published and a certified copy of
the full text of the proposed ordinance or proposed amendment shall
be made available to the public upon request by the clerk of the
legislative body at least five days prior to the board of supervisors
meeting at which the proposed ordinance or amendment or alteration
thereto is to be adopted. The clerk also shall either post a copy of
the full text of the ordinance or amendment on the county's Internet
Web site or post a certified copy of the full text in the office of
the clerk five days prior to the board of supervisors meeting at
which the proposed ordinance or amendment or alteration is to be
adopted. Within 15 days after adoption of the ordinance or amendment,
the board of supervisors shall publish a summary of the ordinance or
amendment with the names of those supervisors voting for and against
the matter and the clerk shall make available to the public, upon
request, a certified copy of the full text of the adopted ordinance
or amendment along with the names of those supervisors voting for and
against the ordinance or amendment. The clerk of the board of
supervisors shall also either post a copy of the full text of the
ordinance or amendment and the names of those supervisors voting for
and against the ordinance or amendment on the county's Internet Web
site or shall post in the office of the clerk of the board of
supervisors a certified copy of the full text of the ordinance or
amendment along with the vote information specified in this
paragraph.
(2) If the county official designated by the board of supervisors
determines that it is not feasible to prepare a fair and adequate
summary of the proposed or adopted ordinance or amendment, and if the
board of supervisors so orders, a display advertisement of at least
one-quarter of a page in a newspaper of general circulation in the
county shall be published at least five days prior to the board of
supervisors meeting at which the proposed ordinance or amendment or
alteration thereto is to be adopted. Within 15 days after adoption of
the ordinance or amendment, a display advertisement of at least
one-quarter of a page shall be published. The advertisement shall
indicate the general nature of, and provide information about, the
proposed or adopted ordinance or amendment, including information
sufficient to enable the public to obtain copies of the complete text
of such ordinance or amendment, and the names of those supervisors
voting for and against the ordinance or amendment.
(c) If the clerk of the board of supervisors fails to publish an
ordinance within 15 days after the date of adoption, the ordinance
shall not take effect until 30 days after the date of publication.
