BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 823|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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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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                                                                    Page  3


               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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                                                                    Page  5


            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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