BILL ANALYSIS Ó
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
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|Bill No: |AB 823 |Hearing |6/10/15 |
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|Author: |Bigelow |Tax Levy: |No |
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|Version: |2/26/15 |Fiscal: |No |
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|Consultant|Lewis |
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COUNTY ORDINANCES
Allows counties to post proposed and adopted ordinances on their
websites as an alternative to posting a copy of the full text of
the ordinance in the office of the clerk of the board.
Background and Existing Law
State law requires a county board of supervisors to publish the
text of new ordinances or amendments to ordinances in a
newspaper within 15 days of passage, in addition to a list of
the names of members who voted for and against the measure. If
the county clerk fails to publish an ordinance within 15 days
after the measure is adopted, the ordinance may not take effect
until 30 days after the date of publication. As an alternative
to publishing the entire ordinance, state law permits county
supervisors to publish a summary of the ordinance or a display
ad of at least one-quarter of a page in the local newspaper at
least 5 days before the board of supervisors meet on the matter,
as long as the ordinance's full text is posted and available at
the office of the clerk of the board.
County clerks note that members of the public rarely, if ever,
come to their office to review the posted language of ordinances
or amendments. Instead of requiring clerks to print reams of
paper that no one reads, the clerks propose amending state law
to allow counties to post ordinances and amendments on the
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county's website, while furnishing a certified copy of the
ordinance to any member of the public who requests one. County
clerks assert that the practice of posting this information
online and furnishing copies only when requested would save time
and money in the administrative office of the county, while
maintaining public access to information.
Proposed Law
Assembly Bill 823 removes a requirement that a copy of the full
text of proposed ordinances, proposed amendments to existing
ordinances, adopted ordinances and adopted amendments to
existing ordinances be posted in the office of the clerk (clerk)
of the board of supervisors (board).
AB 823 instead requires:
Counties to make a certified copy of the full text of a
proposed ordinance or proposed amendment available to the
public upon request by the clerk at least five days before
the board meeting at which a proposed ordinance, amendment,
or alteration is to be adopted.
The clerk to either post a copy of the full text of the
ordinance or amendment on the county's website or post a
certified copy of the full text in the office of the clerk
five days before the board meeting at which the proposed
ordinance, amendment, or alteration is to be adopted.
The bill further requires that:
Within 15 days after adoption of an ordinance or
amendment, the clerk must 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.
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The clerk must either post 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 website or post in the clerk's
office a certified copy of the full text of the adopted
ordinance or amendment along with the specified vote
information.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. This bill removes the requirement that
a certified copy of the full text of a proposed or adopted
ordinance be posted in the clerk's office and, instead, allows
counties to choose to post the full text online. AB 823 will
eliminate a potentially unnecessary requirement to post the
certified copy of full text of proposed ordinances 5 days prior
to the vote of the Board of Supervisors and instead would
require the county to post the ordinance online or provide a
copy of the language of the ordinance upon request. Current law
requires clerks to physically post a certified copy of the full
text of a proposed ordinance in the office of the clerk 5 days
prior to the vote of the Board of Supervisors and also requires
the clerk to post a certified copy of the approved ordinance in
the office of the clerk after the vote. This bill will benefit
taxpayers by reducing the staff time and resources that counties
spend on posting hard copies of ordinances.
Assembly Actions
Assembly Local Government 9-0
Assembly Floor 79-0
Support and
Opposition (6/3/15)
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Support : California Association of Clerks and Elections
Officials (Sponsor); California State Association of Counties;
Rural County Representatives of California; Urban Counties
Caucus.
Opposition : Unknown.
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