BILL NUMBER: AB 715	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 8, 2009
	AMENDED IN ASSEMBLY  APRIL 30, 2009

INTRODUCED BY   Assembly Member Caballero

                        FEBRUARY 26, 2009

   An act to amend  Section   Sections 25124 and
 36933 of the Government Code, relating to ordinances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 715, as amended, Caballero.  City   County
and city  ordinances: publishing and posting requirements. 

   (1) Existing law requires the county board of supervisors, within
15 days after the passage of an ordinance by the board, to cause the
ordinance to be published, with the names of those members voting for
and against the ordinance, in a newspaper of general circulation
published and circulated in the county, as specified.  
   This bill would authorize the county board of supervisors to
either publish the ordinance in a newspaper of general circulation or
on the official Internet Web site of the county and to mail notice
of passage of the ordinance to those who have filed written requests
for mailed notice, as specified.  
   Existing 
    (2)     Existing  law requires the
city clerk, within 15 days after the passage of an ordinance by the
city council, to cause the ordinance to be published, with the names
of those city council members voting for and against the ordinance,
in a newspaper of general circulation published and circulated in the
city, as specified.
   This bill would authorize the city clerk to either publish the
ordinance in a newspaper of general circulation or on the official
Internet Web site of the city and to mail notice of passage of the
ordinance to those who have filed written requests for mailed notice,
as specified.
   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)
  (d)  , before the expiration of 15 days after the
passage of an ordinance  it shall be published once,
  the county board of supervisors shall do one of the
following: 
    (1)     Publish the ordinance 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.
    (2)     Post the ordinance, with the names
of those members of the board of supervisors voting for and against
the ordinance, on an official Internet Web site of the county, and
provide a copy of the notice of adoption of the ordinance upon
written request of any person in the manner described in Section
54954.1.  
   The 
   (b)     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) 
    (c)  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. 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.
   (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) 
    (d)  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.
   SECTION 1.   SEC. 2.   Section 36933 of
the Government Code is amended to read:
   36933.  (a) (1) Within 15 days after its passage, the city clerk
shall do either of the following:
   (A) Cause each ordinance to be published at least once, with the
names of those city council members voting for and against the
ordinance, in a newspaper of general circulation published and
circulated in the city, or if there is none, he or she shall cause it
to be posted in at least three public places in the city or
published in a newspaper of general circulation printed and published
in the county and circulated in the city.
   (B) Post the ordinance, with the names of those city council
members voting for and against the ordinance, on the city's official
Internet Web site and mail notice of passage of the ordinance to
those who have filed a written request for mailed notices. Any
written request for mailed notices shall be valid for one year from
the date on which it was filed unless a renewal request is filed.
Renewal requests for mailed notices shall be filed on or before April
1 of each year.
   (2) In cities incorporated less than one year, the city council
may determine whether ordinances are to be published or posted.
Ordinances shall not be published in a newspaper if the charge
exceeds the customary rate charged by the newspaper for publication
of private legal notices, but these ordinances shall be posted in the
manner and at the time required by this section.
   (b) Except as provided in Section 36937, an ordinance shall not
take effect or be valid unless it is published or posted in
substantially the manner and at the time required by this section.
   (c) The publication or posting of ordinances, as required by
subdivision (a), may be satisfied by either of the following actions:

   (1) The city council 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 city council. 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 city clerk at least five days prior to the city council
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 city council shall publish a summary of
the ordinance or amendment with the names of those city council
members voting for and against the ordinance or amendment, and the
city clerk shall post in the office of the city clerk a certified
copy of the full text of the adopted ordinance or amendment along
with the names of those city council members voting for and against
the ordinance or amendment; or
   (2) If the city official designated by the city council determines
that it is not feasible to prepare a fair and adequate summary of
the proposed or adopted ordinance or amendment, and if the city
council so orders, a display advertisement of at least one-quarter of
a page in a newspaper of general circulation in the city shall be
published at least five days prior to the city council 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 the ordinance or
amendment, and the names of those city council members voting for and
against the ordinance or amendment.
   (d) (1) Any member of the public may file with the city clerk, or
any other person designated by the governing body to receive these
requests, a request for notice of specific proposed ordinances or
proposed amendments to ordinances.
   (2) Notice pursuant to paragraph (1) shall be mailed or otherwise
transmitted at least five days before the council is scheduled to
take action on the proposed ordinances or proposed amendments to an
ordinance. Notice may be given by written notice properly mailed or
by e-mail if the requesting member of the public provides an e-mail
address. Notice may be in the form specified in either paragraph (1)
or (2) of subdivision (c), as determined by the city council.
   (3) As an alternative to providing notice as requested of specific
proposed ordinances or proposed amendments to ordinances, the city
clerk, or other person designated by the governing body, may place
the requesting member of the public on a general mailing list that
gives timely notice of all governing body public meetings at which
proposed ordinances or proposed amendments to ordinances may be
heard, as provided in Section 54954.1. If this alternative is
selected, the requesting member of the public shall be so advised.
   (4) The city may charge a fee that is reasonably related to the
costs of providing notice pursuant to this subdivision. The city may
require each request to be annually renewed.
   (5) Failure of the requesting person to receive the information
pursuant to this subdivision shall not constitute grounds for any
court to invalidate an otherwise properly adopted ordinance or
amendment to an ordinance.