California Assembly Bill AB951 Amended / Bill

 BILL NUMBER: AB 951AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 20, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Wilk FEBRUARY 26, 2015 An act to  amend Section 54954 of the Government Code,   add Article 10 (commencing with Section 4859) to Chapter 3 of Part 3 of Division 5 of the Health and Safety Code,  relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 951, as amended, Wilk.  Local agencies.   Santa Clarita Valley Sanitation District.   The County Sanitation District Act provides for the formation of county sanitation districts.  Existing law, the Ralph M. Brown Act, requires the regular and special meetings of a legislative body to be held within the boundaries of the territory over which the local agency exercises jurisdiction, except that the local agency may meet  in the closest meeting facility if it has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or  at its principal office if that office is located outside the territory over which the  local  agency exercises jurisdiction. This bill  would, notwithstanding the   would prohibit the  exception described  above, require   above from applying to  the Santa Clarita Valley Sanitation  District to meet in Santa Clarita.   District.  By imposing new duties on the Santa Clarita Valley Sanitation District, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Article 10 (commencing with Section 4859) is added to Chapter 3 of Part 3 of Division 5 of the   Health and Safety Code   , to read:   Article 10. Santa Clarita Valley Sanitation District 4859. (a) Paragraph (4) of subdivision (b) of Section 54954 of the Government Code does not apply to the regular and special meetings of the Santa Clarita Valley Sanitation District. (b) For purposes of this section, "meetings" has the same definition as that term is defined in Section 54952.2 of the Government Code.   SECTION 1.   Section 54954 of the Government Code is amended to read: 54954. (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees, for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body. (b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following: (1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party. (2) Inspect real or personal property that cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real or personal property. (3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency's jurisdiction. However, a meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter. (4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (7) Visit the office of the local agency's legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs. (c) Meetings of the governing board of a school district shall be held within the district, except under the circumstances enumerated in subdivision (b), or to do any of the following: (1) Attend a conference on nonadversarial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees' potential employment of an applicant for the position of the superintendent of the district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority that has members throughout the state may meet at any facility in the state that complies with the requirements of Section 54961. (e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body, or his or her designee, in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. (f) Notwithstanding paragraph (4) of subdivision (b), all regular and special meetings of the Santa Clarita Valley Sanitation District shall be held in Santa Clarita.  SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to hold meetings of the Santa Clarita Valley Sanitation District in a location  in Santa Clarita   within the bounderies of the territory over which the district exercises jurisdiction  instead of at the principal office of the district, which is over fifty miles away. SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 54954 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: Because of the need to hold meetings of the Santa Clarita Valley Sanitation District in a location  in Santa Clarita   within the bounderies of the territory over which the district exercises jurisdiction  instead of at the principal office of the district, which is over fifty miles away, this act would further the purpose of Section 3 of Article I of the California Constitution. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.