California Legislature—2015–16 Regular Session

Assembly Bill No. 823

Introduced by Assembly Member Bigelow

February 26, 2015

An act to amend Section 25124 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 823, as introduced, Bigelow. Counties: ordinances.

Existing law requires the county board of supervisors, within 15 days after the passage of an ordinance by the board, to publish the ordinance with the names of those members voting for and against the ordinance, in a newspaper published in the county, except as specified. Existing law requires that an ordinance not published, as specified, within this 15-day period is to not take effect until 30 days after the date of its publication. Existing law authorizes a county board of supervisors to meet this publication requirement by publishing a summary of a proposed ordinance or proposed amendment to an existing ordinance, under specified conditions that include, among other requirements, publishing the summary and posting a certified copy of the full text of the proposed ordinance or proposed amendment in the office of the clerk of the board of supervisors at least 5 days prior to the board of supervisors meeting at which the proposed ordinance or amendment is to be adopted.

This bill would modify the requirements for a county board of supervisors to publish a summary of a proposed ordinance or proposed amendment to an existing ordinance to meet the publication requirement for an ordinance to take effect, including, among other new requirements, allowing posting on the county’s Internet Web site.

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 25124 of the Government Code is
amended to read:

25124.  

(a) Except as provided in subdivision (c), begin delete before the
expiration of end delete begin insert within end insert 15 days after the passage of an ordinance it
shall be published once, with the names of the members voting
for and against the ordinance, in a newspaper published in the
county if there is one, and if there is no newspaper published in
the county, the ordinance shall be posted in a prominent location
at the board of supervisors’ chambers within the 15-day period
and remain posted thereafter for at least one week. The local
agency, at its option, may include in an ordinance reclassifying
land either a brief description accompanied by a map of the
boundaries of the property, as recited in the notice of hearing, or
a complete metes and bounds description accompanied by a map
depicting the reclassified property and adjacent properties. Except
for maps, any exhibit attached to and incorporated by reference in
an ordinance need not be published in its entirety if the publication
lists all those exhibits by title or description and includes a notation
that a complete copy of each exhibit is on file with the clerk of the
board of supervisors and is available for public inspection and
copying in that office in accordance with the California Public
Records Act, Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1. A certificate of the clerk of the board of
supervisors or order entered in the minutes of the board that the
ordinance has been duly published or posted is prima facie proof
of the publication or posting.

(b) The publication or posting of ordinances, as required by
subdivision (a), may be satisfied by either of the following actions:

(1) The county board of supervisors may publish a summary of
a proposed ordinance or proposed amendment to an existing
ordinance. The summary shall be prepared by an official designated
by the board of supervisors. begin delete A summary shall be published and a
certified copy of the full text of the proposed ordinance or proposed
amendment shall be posted in the office of the clerk of the board
of supervisors at least five days prior to the board of supervisors
meeting at which the proposed ordinance or amendment or
alteration thereto is to be adopted. Within 15 days after adoption
of the ordinance or amendment, the board of supervisors shall
publish a summary of the ordinance or amendment with the names
of those supervisors voting for and against the ordinance or
amendment and the clerk shall post in the office of the clerk of the
board of supervisors a certified copy of the full text of the adopted
ordinance or amendment along with the names of those supervisors
voting for and against the ordinance or amendment. end delete begin insert A summary
shall be published and a certified copy of the full text of the
proposed ordinance or proposed amendment shall be made
available to the public upon request by the clerk of the legislative
body at least five days prior to the board of supervisors meeting
at which the proposed ordinance or amendment or alteration
thereto is to be adopted. The clerk also shall either post a copy of
the full text of the ordinance or amendment on the county’s Internet
Web site or post a certified copy of the full text in the office of the
clerk five days prior to the board of supervisors meeting at which
the proposed ordinance or amendment or alteration is to be
adopted. Within 15 days after adoption of the ordinance or
amendment, the board of supervisors shall publish a summary of
the ordinance or amendment with the names of those supervisors
voting for and against the matter and the clerk shall make available
to the public, upon request, a certified copy of the full text of the
adopted ordinance or amendment along with the names of those
supervisors voting for and against the ordinance or amendment.
The clerk of the board of supervisors shall also either post end insert begin insert a copy
of the full text of the ordinance or amendment and the names of
those supervisors voting for and against the ordinance or
amendment on the county’s Internet Web site or shall post in the
office of the clerk of the board of supervisors a certified copy of
the full text of the ordinance or amendment along with the vote
information specified in this paragraph. end insert

(2) If the county official designated by the board of supervisors
determines that it is not feasible to prepare a fair and adequate
summary of the proposed or adopted ordinance or amendment,
and if the board of supervisors so orders, a display advertisement
of at least one-quarter of a page in a newspaper of general
circulation in the county shall be published at least five days prior
to the board of supervisors meeting at which the proposed
ordinance or amendment or alteration thereto is to be adopted.
Within 15 days after adoption of the ordinance or amendment, a
display advertisement of at least one-quarter of a page shall be
published. The advertisement shall indicate the general nature of,
and provide information about, the proposed or adopted ordinance
or amendment, including information sufficient to enable the public
to obtain copies of the complete text of such ordinance or
amendment, and the names of those supervisors voting for and
against the ordinance or amendment.

(c) If the clerk of the board of supervisors fails to publish an
ordinance within 15 days after the date of adoption, the ordinance
shall not take effect until 30 days after the date of publication.