BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 823|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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CONSENT
Bill No: AB 823
Author: Bigelow (R)
Introduced:2/26/15
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/10/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,
Pavley
ASSEMBLY FLOOR: 79-0, 4/16/15 - See last page for vote
SUBJECT: Counties: ordinances
SOURCE: Author
DIGEST: This bill 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 of the
board of supervisors.
ANALYSIS:
Existing law:
1)Requires a county board, before the expiration of 15 days
after the passage of an ordinance by the board, to publish the
ordinance with the names of those members voting for and
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against the ordinance, in a newspaper published in the county,
if there is one. If there is no newspaper published in the
county, the ordinance must be posted in a prominent location
at the board's chambers within the 15-day period and remain
posted thereafter for at least one week.
2)Allows the publication requirement specified above to be
satisfied by either of the following procedures:
a) At least five days prior to the board meeting at which
the proposed ordinance or amendment is to be adopted, a
summary of the proposed ordinance or proposed amendment to
an existing ordinance must be published and a certified
copy of the full text of the proposed ordinance or proposed
amendment must be posted in the office of the clerk; and,
Within 15 days after the adoption of the ordinance or
amendment, the board must 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 must post in his or her office 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; or,
b) If a county official designated by the board 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 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 meeting at which the proposed
ordinance or amendment or alteration thereto is to be
adopted; and,
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
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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.
3)Provides that, if the clerk 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.
This bill:
1)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).
2)Requires, instead, a certified copy of the full text of a
proposed ordinance or proposed amendment to be made available
to the public upon request by the clerk at least five days
prior to the board 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 meeting at which the
proposed ordinance or amendment or alteration is to be
adopted.
3)Requires, within 15 days after adoption of an ordinance or
amendment, the clerk to 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 shall also 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 Internet Web site or shall post in the office of the
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clerk a certified copy of the full text of the adopted
ordinance or amendment along with the vote information
specified in this paragraph.
Comment
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 requires 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/11/15)
None received
OPPOSITION: (Verified6/11/15)
None received
ASSEMBLY FLOOR: 79-0, 4/16/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
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Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Rendon, Ridley-Thomas, Rodriguez, Salas,
Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,
Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Quirk
Prepared by:Toren Lewis / GOV. & F. / (916) 651-4119
6/12/15 14:55:56
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