BILL NUMBER: SB 343 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 21, 2007
AMENDED IN SENATE MAY 25, 2007
AMENDED IN SENATE APRIL 9, 2007
AMENDED IN SENATE MARCH 27, 2007
INTRODUCED BY Senator Negrete McLeod
( Coauthor: Assembly Member
Jones )
FEBRUARY 20, 2007
An act to amend Section 54957.5 of the Government Code, relating
to local agencies.
LEGISLATIVE COUNSEL'S DIGEST
SB 343, as amended, Negrete McLeod. Local agencies: open meetings:
documents.
The Ralph M. Brown Act requires that any meeting of a legislative
body of a local agency be open and public and all persons be
permitted to attend. The act requires the body to post an agenda at
least 72 hours before a regular meeting and provides that agendas and
any other writings, when distributed to all, or a majority of all,
of the members of a legislative body of a local agency by any person
in connection with a matter subject to discussion or consideration at
a meeting of the body are public records subject to the public
disclosure requirements of the California Public Records Act.
This bill would provide that if a writing that is a public record
under these provisions, and that relates to an agenda item for an
open session of a regular meeting of the legislative body of a local
agency, is distributed less than 72 hours prior to that meeting, the
writing shall be made available for public inspection either
at a designated public office or
location or by posting it on the agency's Internet Web site.
This bill also would require each local agency to designate a public
office or location where writings that are distributed to members
less than 72 hours before a regular meeting will be available for
public inspection and that the agency shall designate
for this purpose. It would require each local agency to list
the address of this office or location on the agendas for all
meetings of the legislative body of that agency. It also would
authorize a local agency to post a writing that is a public record
under these provisions on the agency's Internet Web site.
It would make these provisions effective on July 1, 2008.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54957.5 of the Government Code is amended to
read:
54957.5. (a) Notwithstanding Section 6255 or any other provisions
of law, agendas of public meetings and any other writings, when
distributed to all, or a majority of all, of the members of a
legislative body of a local agency by any person in connection with a
matter subject to discussion or consideration at an open meeting of
the body, are disclosable public records under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1), and shall be made available upon request without delay.
However, this section shall not include any writing exempt from
public disclosure under Section 6253.5, 6254, 6254.7,
6254.3, 6254.7, 6254.15, 6254.16, or 6254.22.
(b) (1) If a writing that is a public record under subdivision
(a), and that relates to an agenda item for an open session of a
regular meeting of the legislative body of a local agency, is
distributed less than 72 hours prior to that meeting, the writing
shall be made available for public inspection pursuant to paragraph
(2) at the time the writing is distributed to all, or a majority
of all, of the members of the body.
(2) A local agency shall do either of the following to make any
writing described in paragraph (1) available for public inspection:
(A) Make the writing available at the office or location
designated pursuant to paragraph (3).
(B) Post
(2) A local agency shall make any
writing described in paragraph (1) available for public inspection at
a public office or location that the agency shall designate for this
purpose. Each local agency shall list the address of this office or
location on the agendas for all meetings of the legislative body of
that agency. The local agency also may post the writing on the
local agency's Internet Web site in a position and manner that makes
it clear that the writing relates to an agenda item for an upcoming
meeting.
(3) Each local agency shall designate a public office or location
where writings that are public records under subdivision (a) will be
available for public inspection and shall list the address of this
office or location on the agendas for all meetings of the legislative
body of that agency.
(4)
(3) This subdivision shall become operative on July 1,
2008.
(c) Writings that are public records under subdivision (a) and
that are distributed during a public meeting shall be made available
for public inspection at the meeting if prepared by the local agency
or a member of its legislative body, or after the meeting if prepared
by some other person. These writings shall be made available in
appropriate alternative formats upon request by a person with a
disability, as required by Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal
rules and regulations adopted in implementation thereof.
(d) Nothing in this chapter shall be construed to prevent the
legislative body of a local agency from charging a fee or deposit for
a copy of a public record pursuant to Section 6253, except that no
surcharge shall be imposed on persons with disabilities in violation
of Section 202 of the Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12132), and the federal rules and regulations adopted in
implementation thereof.
(e) This section shall not be construed to limit or delay the
public's right to inspect or obtain a copy of any record required to
be disclosed under the requirements of the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1). Nothing in this chapter shall be construed to require a
legislative body of a local agency to place any paid advertisement or
any other paid notice in any publication.