BILL NUMBER: SB 475 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 13, 2012
PASSED THE ASSEMBLY JUNE 28, 2012
AMENDED IN ASSEMBLY JUNE 7, 2012
AMENDED IN ASSEMBLY MAY 22, 2012
AMENDED IN ASSEMBLY JUNE 20, 2011
AMENDED IN ASSEMBLY JUNE 6, 2011
AMENDED IN SENATE MAY 3, 2011
AMENDED IN SENATE APRIL 12, 2011
AMENDED IN SENATE MARCH 21, 2011
INTRODUCED BY Senators Wright and Emmerson
FEBRUARY 17, 2011
An act to amend Section 54953 of the Government Code, relating to
local agencies.
LEGISLATIVE COUNSEL'S DIGEST
SB 475, Wright. Local agencies: open meetings: teleconferences.
(1) The Ralph M. Brown Act requires, with specified exceptions,
that all meetings of a legislative body of a local agency be open and
public and all persons be permitted to attend. The act authorizes a
legislative body to use teleconferencing, subject to specified
requirements, including that each teleconference location be
accessible to the public and that at least a quorum of the members of
the body participate from locations within the boundaries of the
territory over which the local agency exercises jurisdiction.
Existing law provides that, in counties selected by the Director
of Health Care Services with the concurrence of the county, a special
county health authority may be established in order to meet the
problems of delivery of publicly assisted medical care in each
county, and to demonstrate ways of promoting quality care and cost
efficiency.
This bill, until January 1, 2018, would provide that,
notwithstanding the provisions of the act on teleconferencing, with
respect to a teleconference meeting of a county health authority
established in a county under specified provisions, members of a
health authority who are outside the jurisdiction may be counted
toward the establishment of a quorum when participating in the
teleconference if at least 50% of the number of members that would
establish a quorum are present within the jurisdiction and the health
authority provides a teleconference number and associated access
codes, if any, that allows any person to call in to participate in
the meeting, and that number and access codes are identified in the
notice and agenda of the meeting.
(2) 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54953 of the Government Code is amended to
read:
54953. (a) All meetings of the legislative body of a local agency
shall be open and public, and all persons shall be permitted to
attend any meeting of the legislative body of a local agency, except
as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the
legislative body of a local agency may use teleconferencing for the
benefit of the public and the legislative body of a local agency in
connection with any meeting or proceeding authorized by law. The
teleconferenced meeting or proceeding shall comply with all
requirements of this chapter and all otherwise applicable provisions
of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used
for all purposes in connection with any meeting within the subject
matter jurisdiction of the legislative body. All votes taken during a
teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use
teleconferencing, it shall post agendas at all teleconference
locations and conduct teleconference meetings in a manner that
protects the statutory and constitutional rights of the parties or
the public appearing before the legislative body of a local agency.
Each teleconference location shall be identified in the notice and
agenda of the meeting or proceeding, and each teleconference location
shall be accessible to the public. During the teleconference, at
least a quorum of the members of the legislative body shall
participate from locations within the boundaries of the territory
over which the local agency exercises jurisdiction, except as
provided in subdivision (d). The agenda shall provide an opportunity
for members of the public to address the legislative body directly
pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a
meeting of a legislative body, the members of which are in different
locations, connected by electronic means, through either audio or
video, or both. Nothing in this section shall prohibit a local agency
from providing the public with additional teleconference locations.
(c) No legislative body shall take action by secret ballot,
whether preliminary or final.
(d) (1) Notwithstanding the provisions relating to a quorum in
paragraph (3) of subdivision (b), when a health authority conducts a
teleconference meeting, members who are outside the jurisdiction of
the authority may be counted toward the establishment of a quorum
when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present
within the boundaries of the territory over which the authority
exercises jurisdiction, and the health authority provides a
teleconference number, and associated access codes, if any, that
allows any person to call in to participate in the meeting and that
number and access codes are identified in the notice and agenda of
the meeting.
(2) Nothing in this subdivision shall be construed as discouraging
health authority members from regularly meeting at a common physical
site within the jurisdiction of the authority or from using
teleconference locations within or near the jurisdiction of the
authority. A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other
requirements of this section.
(3) For purposes of this subdivision, a health authority means any
entity created pursuant to Sections 14018.7, 14087.31, 14087.35,
14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions
Code, any joint powers authority created pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and
Institutions Code, and any advisory committee to a county sponsored
health plan licensed pursuant to Chapter 2.2 (commencing with Section
1340) of Division 2 of the Health and Safety Code if the advisory
committee has 12 or more members.
(4) This subdivision shall remain in effect only until January 1,
2018.
SEC. 2. The Legislature finds and declares that Section 1 of this
act, which amends Section 54953 of the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
Local health initiatives are an essential component of California'
s health care delivery system, and their ability to meet regularly to
address the health care concerns of Medi-Cal beneficiaries is vital.
The membership of local health initiative boards of directors is
required by statute to represent a diverse group of health care
professionals, and, as a result, these boards frequently are large
and comprised of persons working and residing outside of the board's
jurisdiction. Accordingly, these boards have a demonstrated
difficulty in obtaining a quorum of members located within the board'
s jurisdiction as required by the teleconference provisions of the
Ralph M. Brown Act.