SB 338,
as amended, Hill. begin deleteLocal agency meetings: teleconferencing.end deletebegin insert Fire extinguishers: limousines.end insert
Existing law requires new and used recreational vehicles and campers that are equipped with cooking or heating equipment to be sold equipped with a fire extinguisher, as specified. Under existing law, a violation of this provision is a crime.
end insertbegin insertThis bill would require limousines, as defined, to be equipped with a fire extinguisher, as specified. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertbegin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertThe Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend. Under the act, the legislative body of a local agency is required to post an agenda, as specified, at least 72 hours before a regular meeting of that body, and is prohibited from acting on or discussing any item not appearing on the agenda, except as provided. The act also authorizes a legislative body to use teleconferencing to conduct a meeting, 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.
end deleteThis bill would require, if the legislative body of a local agency elects to use teleconferencing and a teleconference location is located outside the boundaries of the local agency, that the agenda be posted at that location at least 24 hours in advance of the meeting rather than 72 hours.
end deleteExisting 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.
end deleteThis bill would make legislative findings to that effect.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 28062 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
2read:end insert
(a) Every limousine shall be equipped with one fully
4charged fire extinguisher having at least a 4B:C rating.
5(b) For the purposes of this section, “limousine” includes any
6sedan or sport utility vehicle, of either standard or extended length,
7with a seating capacity of not more than 10 passengers including
8the driver, used in the transportation of passengers for hire on a
9prearranged basis within this state.
No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
P3 1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.
This act is an urgency statute necessary for the
7immediate preservation of the public peace, health, or safety within
8the meaning of Article IV of the Constitution and shall go into
9immediate effect. The facts constituting the necessity are:
10In order to ensure the limousine-using public are protected with
11fire extinguishers at the earliest possible time, it is necessary for
12this act to take effect immediately.
Section 54953 of the Government Code is
14amended to read:
(a) All meetings of the legislative body of a local
16agency shall be open and public, and all persons shall be permitted
17to attend any meeting of the legislative body of a local agency,
18except as otherwise provided in this chapter.
19(b) (1) Notwithstanding any other provision of law, the
20legislative body of a local agency may use teleconferencing for
21the benefit of the public and the legislative body of a local agency
22in connection with any meeting or proceeding authorized by law.
23The teleconferenced meeting or proceeding shall comply with all
24requirements of this chapter and all otherwise applicable provisions
25of law relating to a specific type of meeting or proceeding.
26(2) Teleconferencing, as authorized by this section, may be used
27for all purposes in connection with any meeting within the subject
28matter jurisdiction of the legislative body. All votes taken during
29a teleconferenced meeting shall be by rollcall.
30(3) (A) If the legislative body of a local agency elects to use
31teleconferencing, it shall post agendas at all teleconference
32locations and conduct teleconference meetings in a manner that
33protects the statutory and constitutional rights of the parties or the
34public appearing before the legislative body of a local agency.
35Each teleconference location shall be identified in the notice and
36agenda of the meeting or proceeding, and each teleconference
37
location shall be accessible to the public. During the teleconference,
38at least a quorum of the members of the legislative body shall
39participate from locations within the boundaries of the territory
40over which the local agency exercises jurisdiction, except as
P4 1provided in subdivision (d). The agenda shall provide an
2opportunity for members of the public to address the legislative
3body directly pursuant to Section 54954.3 at each teleconference
4location.
5(B) Notwithstanding Section 54954.2 if a teleconference location
6is located outside the boundaries of the local agency, the agenda
7shall be posted at that location at least 24 hours in advance of the
8meeting.
9(4) For the purposes of this section, “teleconference” means a
10meeting of a legislative body, the members of which
are in different
11locations, connected by electronic means, through either audio or
12video, or both. Nothing in this section shall prohibit a local agency
13from providing the public with additional teleconference locations.
14(c) No legislative body shall take action by secret ballot, whether
15preliminary or final.
16(d) (1) Notwithstanding the provisions relating to a quorum in
17paragraph (3) of subdivision (b), when a health authority conducts
18a teleconference meeting, members who are outside the jurisdiction
19of the authority may be counted toward the establishment of a
20quorum when participating in the teleconference if at least 50
21percent of the number of members that would establish a quorum
22are present within the boundaries of the territory over which the
23authority exercises jurisdiction, and the health authority provides
24a teleconference number, and associated
access codes, if any, that
25allows any person to call in to participate in the meeting and that
26number and access codes are identified in the notice and agenda
27of the meeting.
28(2) Nothing in this subdivision shall be construed as
29discouraging health authority members from regularly meeting at
30a common physical site within the jurisdiction of the authority or
31from using teleconference locations within or near the jurisdiction
32of the authority. A teleconference meeting for which a quorum is
33established pursuant to this subdivision shall be subject to all other
34requirements of this section.
35(3) For purposes of this subdivision, a health authority means
36any entity created pursuant to Sections 14018.7, 14087.31,
3714087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
38and Institutions Code, any joint powers authority created pursuant
39to Article 1 (commencing with Section 6500) of
Chapter 5 of
40Division 7 for the purpose of contracting pursuant to Section
P5 114087.3 of the Welfare and Institutions Code, and any advisory
2committee to a county sponsored health plan licensed pursuant to
3Chapter 2.2 (commencing with Section 1340) of Division 2 of the
4Health and Safety Code if the advisory committee has 12 or more
5members.
6(4) This subdivision shall remain in effect only until January 1,
72018.
The Legislature finds and declares that Section 1 of
9this act, which amends Section 54953 of the Government Code,
10imposes a limitation on the public’s right of access to the meetings
11of public bodies or the writings of public officials and agencies
12within the meaning of Section 3 of Article I of the California
13Constitution. Pursuant to that constitutional provision, the
14Legislature makes the following findings to demonstrate the interest
15protected by this limitation and the need for protecting that interest:
16Because teleconferencing provides a viable alternative for local
17officials to attend public meetings when they are unable to be
18present in person, which often occurs upon short notice,
19maintaining the 72-hour time period for posting an agenda at a
20
teleconference location outside the boundaries of the agency could
21result in the canceling and rescheduling of meetings, thus delaying
22the people’s business. Therefore, the health and safety of the people
23of California are enhanced by giving governing bodies the authority
24to post meeting agendas in teleconference locations outside local
25agency boundaries within a shortened time period.
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