BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 475|
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UNFINISHED BUSINESS
Bill No: SB 475
Author: Wright (D) and Emmerson (R)
Amended: 6/7/12
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 76-0, 6/28/12 - See last page for vote
SUBJECT : Local agencies: local meetings:
teleconferences
SOURCE : Local Health Plans of California
DIGEST : This bill permits local health authorities to
establish a quorum via teleconference under the state's
open meeting laws if at least 50% of the board members
constituting the quorum are physically present within the
boundaries of the jurisdiction.
Assembly Amendments delete the Senate version dealing with
infrastructure financing. This bill currently provides for
local health authorities to establish a quorum via
teleconferences under the state's open meeting laws, as
specified.
ANALYSIS :
Existing law :
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1. Requires that all meetings of the legislative body of a
local agency be open and public, and requires that all
persons be permitted to attend any such meetings, unless
otherwise specified in law.
2. Allows the legislative body of a local agency to 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.
3. Specifies that if the legislative body of a local agency
elects to use teleconferencing, it must 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.
4. Requires that each teleconference location be identified
in the notice and agenda of the meeting or proceeding,
and each teleconference location be accessible to the
public.
5. Requires that during the teleconference, at least a
quorum of the members of the legislative body
participate from locations within the boundaries of the
territory over which the local agency exercises
jurisdiction.
6. 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.
7. Requires, according to existing constitutional
provisions, that a statute limiting 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:
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1. Permits local health authorities to establish a quorum
via teleconference under the state's open meeting laws
if at least 50% of the board members constituting the
quorum are physically present within the boundaries of
the jurisdiction.
2. Reestablishes the ability of local health authorities to
establish a quorum under the Ralph M. Brown Act (Brown
Act) via teleconference by counting members outside the
jurisdiction towards the number needed for a quorum if
at least 50% of that quorum are physically present
within the jurisdiction, and if the health authority
provides a teleconference number and any associated
access codes to allow any person to call in to
participate in the meeting, and identifies the number
and access codes in the notice and agenda of the
meeting.
3. Provides for the authorization to sunset on January 1,
2018.
4. Makes legislative findings and declarations relative to
the difficulty of obtaining a quorum of health authority
board members within the physical jurisdiction of the
authority.
Comments
The Brown Act requires local governments' meetings to be
"open and public," in order to promote citizen involvement
in and oversight of their local legislative bodies. Local
officials must post agendas 72 hours before their regular
meetings and they are prohibited from discussing or making
decisions about topics that are not on the agenda.
The Brown Act allows local governments' legislative bodies
to use teleconferencing for their meetings as long as they
post agendas at all teleconference locations, take all
votes by roll call, and accommodate persons wishing to
address the governing body. Each teleconference location
must be identified in the notice and agenda of the meeting
and must be accessible to the public.
In 1998, the Legislature added the requirement that, during
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a teleconference, at least a quorum of the members of the
governing body must participate from locations within the
boundaries of the local government's jurisdiction (SB 139
(Kopp), Chapter 260, Statutes of 1998). The aim was to
require a sufficient number of board members to remain in
the physical jurisdiction during the meeting in order to
ensure that at least one physical teleconference site was
available so that members of the public could more easily
participate.
In 2005, the Legislature created an exception to that
teleconference requirement by permitting health authorities
to reach a teleconference meeting quorum by counting
members not physically within the authority's boundaries as
long as those outside members constitute a minority of the
quorum (AB 1438 (Salinas), Chapter 540, Statutes of 2005).
That measure also contained a January 1, 2009, sunset date.
According to the Assembly Local Government analysis, the
author's office states that there were no reported problems
with the use of the exemption during the 2006-2009 period.
However, it is possible that some health authorities
continued to operate in reliance upon this provision even
after the sunset date.
This bill reestablishes a special authorization for local
health authorities to meet their quorum meeting requirement
via teleconference under the Brown Act by counting board
members calling from outside of the authority's physical
jurisdiction. Health authorities will still be required to
have over 50% of the quorum within the boundaries of the
jurisdiction during the teleconference, and must provide
the public teleconference number and any access code in the
notice and agenda for the meeting.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/28/12)
Local Health Plans of California (source)
L.A. Care Health Plan
ASSEMBLY FLOOR : 76-0, 6/28/12
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AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Hall, Harkey, Hayashi, Roger Hernández,
Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight,
Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, Portantino, Silva, Skinner,
Smyth, Solorio, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Halderman, V. Manuel Pérez, Swanson,
Torres
AGB:d 6/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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