Bill Text: CA SB751 | 2013-2014 | Regular Session | Chaptered
Bill Title: Meetings: publication of action taken.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 257, Statutes of 2013. [SB751 Detail]
Download: California-2013-SB751-Chaptered.html
BILL NUMBER: SB 751 CHAPTERED
BILL TEXT
CHAPTER 257
FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2013
APPROVED BY GOVERNOR SEPTEMBER 6, 2013
PASSED THE SENATE AUGUST 26, 2013
PASSED THE ASSEMBLY AUGUST 8, 2013
AMENDED IN ASSEMBLY JUNE 17, 2013
AMENDED IN SENATE MAY 2, 2013
AMENDED IN SENATE APRIL 11, 2013
INTRODUCED BY Senator Yee
FEBRUARY 22, 2013
An act to amend Section 54953 of the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 751, Yee. Meetings: publication of action taken.
The Ralph M. Brown Act requires all meetings of the legislative
body of a local agency, as defined, to be open and public and
prohibits the legislative body from taking action by secret ballot,
whether preliminary or final.
This bill would additionally require the legislative body of a
local agency to publicly report any action taken and the vote or
abstention on that action of each member present for the action,
thereby imposing a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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) (1) No legislative body shall take action by secret ballot,
whether preliminary or final.
(2) The legislative body of a local agency shall publicly report
any action taken and the vote or abstention on that action of each
member present for the action.
(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. No reimbursement is required by this act under Section 6
of Article XIII B of the California Constitution because the only
costs that may be incurred by a local agency or school district under
this act are the costs of complying with Chapter 9 (commencing with
Section 54950) of Part 1 of Division 3 of Title 5 of the Government
Code. Subdivision (c) of Section 36 of Article XIII of the California
Constitution provides that costs of this type are not reimbursable.
