BILL ANALYSIS �
SB 475
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SENATE THIRD READING
SB 475 (Wright and Emmerson)
As Amended June 7, 2012
Majority vote
SENATE VOTE :Vote not relevant
LOCAL GOVERNMENT 9-0
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|Ayes:|Smyth, Alejo, Bradford, | | |
| |Campos, Davis, Gordon, | | |
| |Hueso, Knight, Norby | | |
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SUMMARY : Permits local health authorities to establish a quorum
via teleconference under the state's open meeting laws if at
least 50% of the board members constituting the quorum are
physically present within the boundaries of the jurisdiction.
Specifically, this bill :
1)Reestablishes the ability of local health authorities to
establish a quorum under the
Ralph M. Brown Act (Brown Act) via teleconference by counting
members outside the jurisdiction towards the number needed for
a quorum if at least 50% of that quorum are physically present
within the jurisdiction, and if the health authority provides
a teleconference number and any associated access codes to
allow any person to call in to participate in the meeting, and
identifies the number and access codes in the notice and
agenda of the meeting.
2)Provides for the authorization to sunset on January 1, 2018.
3)Makes legislative findings and declarations relative to the
difficulty of obtaining a quorum
of health authority board members within the physical
jurisdiction of the authority.
EXISTING LAW :
1)Requires that all meetings of the legislative body of a local
agency be open and public, and requires that all persons be
permitted to attend any such meetings, unless otherwise
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specified in law.
2)Allows the legislative body of a local agency to use
teleconferencing for the benefit of the public and the
legislative body of a local agency in connection with any
meeting or proceeding authorized by law.
3)Specifies that if the legislative body of a local agency
elects to use teleconferencing, it must post agendas at all
teleconference locations and conduct teleconference meetings
in a manner that protects the statutory and constitutional
rights of the parties or the public appearing before the
legislative body of a local agency.
4)Requires that each teleconference location be identified in
the notice and agenda of the meeting or proceeding, and each
teleconference location be accessible to the public.
5)Requires that during the teleconference, at least a quorum of
the members of the legislative body participate from locations
within the boundaries of the territory over which the local
agency exercises jurisdiction.
6)Provides that, in counties selected by the Director of Health
Care Services with the concurrence of the county, a special
county health authority may be established in order to meet
the problems of delivery of publicly assisted medical care in
each county, and to demonstrate ways of promoting quality care
and cost efficiency.
7)Requires, according to existing constitutional provisions,
that a statute limiting the right
of access to the meetings of public bodies or the writings of
public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the
need for protecting that interest.
FISCAL EFFECT : None
COMMENTS : The Brown Act requires local governments' meetings to
be "open and public," in order to promote citizen involvement in
and oversight of their local legislative bodies. Local
officials must post agendas 72 hours before their regular
meetings and they are prohibited from discussing or making
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decisions about topics that are not on the agenda.
The Brown Act allows local governments' legislative bodies to
use teleconferencing for their meetings as long as they post
agendas at all teleconference locations, take all votes by roll
call, and accommodate persons wishing to address the governing
body. Each teleconference location must be identified in the
notice and agenda of the meeting and must be accessible to the
public.
In 1998, the Legislature added the requirement that, during a
teleconference, at least a quorum of the members of the
governing body must participate from locations within the
boundaries of the local government's jurisdiction (SB 139
(Kopp), Chapter 260, Statutes of 1998). The aim was to require
a sufficient number of board members to remain in the physical
jurisdiction during the meeting in order to ensure that at least
one physical teleconference site was available so that members
of the public could more easily participate.
In 2005, the Legislature created an exception to that
teleconference requirement by permitting health authorities to
reach a teleconference meeting quorum by counting members not
physically within the authority's boundaries as long as those
outside members constitute a minority of the quorum (AB 1438
(Salinas), Chapter 540, Statutes of 2005). That measure also
contained a January 1, 2009, sunset date. According to the
author, there were no reported problems with the use of the
exemption during the 2006-2009 period. However, it is possible
that some health authorities continued to operate in reliance
upon this provision even after the sunset date.
This bill would reestablish a special authorization for local
health authorities to meet their quorum meeting requirement via
teleconference under the Brown Act by counting board members
calling from outside of the authority's physical jurisdiction.
Health authorities would still be required to have over 50% of
the quorum within the boundaries of the jurisdiction during the
teleconference, and must provide the public teleconference
number and any access code in the notice and agenda for the
meeting. This re-authorization will sunset in 2018. The
measure is sponsored by Local Health Plans of California.
As defined, a health authority is any of various specified
commissions, non-profit corporations, joint powers authorities,
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advisory committees or other entities that have been selected or
authorized to meet the problems of delivery of publicly-assisted
medical care in certain counties, usually by operating a public,
not-for-profit health plan. As of 2005, local health
authorities served over 1.4 million Medi-Cal, Healthy Families,
and Healthy Kids beneficiaries in nine counties throughout
California
According to the sponsor, "�l]ocal health plans' governing
boards consist of doctors, hospitals, Medi-Cal beneficiaries,
consumer advocates, county supervisors, community clinics and
county health departments. Most of these representatives have
full-time jobs outside of their board duties and very demanding
schedules. Even with regularly scheduled monthly or bi-monthly
meetings, local health plan boards find it challenging to meet
quorum requirements."
AB 1438 (Salinas), Chapter 540, Statutes of 2005, created the
original quorum exemption for health authorities that is the
subject of this bill, as well as the provision for the 2009
sunset date. The measure was approved April 6, 2005, in the
Assembly Local Government Committee by a 7-0 vote.
Support arguments: According to the sponsor, by "allowing half
of the members necessary to establish a quorum to call in from
outside the board's jurisdiction during teleconferenced
meetings, SB 475 will allow local health plan boards to meet and
conduct business on a regular basis with the benefit of the
continued participation by their highly qualified - and busy -
board members."
Opposition arguments: One might argue that there is no evidence
to believe that health authorities are more burdened by the
quorum requirements of the Brown Act than any other public
entity, and that the appropriate response should be greater
selectivity in choosing board members.
Analysis Prepared by : Hank Dempsey / L. GOV. / (916) 319-3958
FN: 0004069
SB 475
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