BILL NUMBER: SB 338 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 13, 2013
INTRODUCED BY Senator Hill
( Coauthor: Senator Yee
)
( Coauthors: Assembly Members
Campos, Fong, Mullin, and Ting
)
FEBRUARY 20, 2013
An act to amend Section 54953 of the Government Code,
relating to local agencies add Section 28062 to the
Vehicle Code, relating to vehicles, and declaring the urgency
thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 338, as amended, Hill. Local agency meetings:
teleconferencing. Fire extinguishers: limousines.
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.
This 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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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 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.
This 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.
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.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 28062 is added to the
Vehicle Code , to read:
28062. (a) Every limousine shall be equipped with one fully
charged fire extinguisher having at least a 4B:C rating.
(b) For the purposes of this section, "limousine" includes any
sedan or sport utility vehicle, of either standard or extended
length, with a seating capacity of not more than 10 passengers
including the driver, used in the transportation of passengers for
hire on a prearranged basis within this state.
SEC. 2. No reimbursement is required by this act
pursuant to 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 will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to ensure the limousine-using public are protected with
fire extinguishers at the earliest possible time, it is necessary for
this act to take effect immediately.
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) (A) 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.
(B) Notwithstanding Section 54954.2 if a teleconference location
is located outside the boundaries of the local agency, the agenda
shall be posted at that location at least 24 hours in advance of the
meeting.
(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:
Because teleconferencing provides a viable alternative for local
officials to attend public meetings when they are unable to be
present in person, which often occurs upon short notice, maintaining
the 72-hour time period for posting an agenda at a teleconference
location outside the boundaries of the agency could result in the
canceling and rescheduling of meetings, thus delaying the people's
business. Therefore, the health and safety of the people of
California are enhanced by giving governing bodies the authority to
post meeting agendas in teleconference locations outside local agency
boundaries within a shortened time period.