| Old | New | Differences | |
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| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1348Introduced by Assembly Member GraysonFebruary 16, 2023 An act to amend Section 54957.5 of the Government Code, relating to local government. An act to amend Section 925.6 of the Government Code, relating to state claims.LEGISLATIVE COUNSEL'S DIGESTAB 1348, as amended, Grayson. Local government: open meetings. State government: Controller: claims audits.Existing law, the Government Claims Act, generally requires the presentation of all claims for money or damages against local public entities and the state. Existing law provides for the presentation of a claim for which appropriations have been made, or for which state funds are available, under that act to the Controller, in the form and manner prescribed by the general rules and regulations adopted by the Department of General Services. Existing law, with specified exceptions, prohibits the Controller from drawing a warrant for any claim until it has been audited in conformity with law and the general rules and regulations adopted by the Department of General Services governing the presentation and audit of claims.This bill would require the Controller to conduct, unless prohibited by the provisions of a state ballot proposition passed by the electorate, financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent. The bill would also require the Controller to conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law. The bill would, among other things, authorize the Controller to recover their costs in conducting these and the above-described audits from amounts appropriated for purposes of carrying out these audits, except as described. The bill would require the Controller to provide a report with specified information from these audits to the Legislature by June 30 of each year and would require the Controller to allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee, as described. The bill would make related legislative findings and declarations.Existing law, the California Public Records Act, requires state agencies and local agencies to make public records available for inspection, subject to specified criteria, and with specified exceptions. Existing law, the Ralph M. Brown Act, requires the meetings of the legislative body of a local agency to be conducted openly and publicly, with specified exceptions. Existing law makes agendas of public meetings and other writings distributed to the members of the governing board disclosable public records, with certain exceptions.This bill would make nonsubstantive changes to the public record provisions governing the writings related to agendas of public meetings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) It is the intent of the Legislature to promote accountability and transparency over funds approved by voters through ballot propositions by establishing a program requiring financial and compliance audits of money required to be appropriated or spent pursuant to the terms of the proposition.(b) It is the intent of the Legislature that, unless otherwise stated in the initiative, the Controller shall have the primary responsibility for implementing and overseeing the program.(c) It is the intent of the Legislature that all expenditures of taxpayer dollars that are approved by voters through ballot propositions, regardless of the specific fund, be reviewed and audited on a regular basis as part of the program for purposes of ensuring that the expenditures are made in a manner consistent with voter intent.SEC. 2. Section 925.6 of the Government Code is amended to read:925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall also conduct financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent.(B) The Controller shall also conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law.(C) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall recover their costs in conduct audits pursuant to this section from amounts appropriated for purposes of carrying out these audits.(D) This section shall not be construed to authorize any entity or individual, including, but not limited to, any state or local agency, subcontractor, or subrecipient of a claim, to constrain, in any manner, the Controller from carrying out any audits.(E) The Controller shall provide a report to the Legislature, in compliance with Section 9795, by June 30 of each year as follows:(i) The report shall contain information regarding programs that are not in compliance with any state ballot proposition passed by the electorate and any applicable regulations.(ii) The report shall categorize audit exception by types and shall identify the reasons for the exceptions.(iii) The report shall include the Controllers recommendations to the Legislature as to what action should be taken, based on the content of the report.(F) Before issuing the report required in subparagraph (E), the Controller shall allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee.(b) Notwithstanding subdivision (a), the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee, in cooperation with the Controller, shall adopt rules and regulations to govern the presentation of claims of the committees to the Controller. The Controller, in cooperation with the committees, shall adopt rules and regulations governing the audit and recordkeeping of claims of the committees. All rules and regulations shall be adopted by January 31, 1990, shall be published in the Assembly and Senate Journals, and shall be made available to the public.(c) Rules and regulations adopted pursuant to subdivision (b) shall not be subject to the review by or approval of the Office of Administrative Law.(d) Records of claims kept by the Controller pursuant to subdivision (b) shall be open to public inspection as permitted by the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(e) (1) Notwithstanding subdivision (a), the Controller shall draw their warrant for any claim submitted by the Department of Housing and Community Development to advance the payment of funds to a vendor selected pursuant to Section 50897.3 of the Health and Safety Code, based on approved applicants associated with Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code. Funds made available for advance payment pursuant to this subdivision shall not exceed 25 percent of the original amount allocated for the program described in Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code at any given time.(2) The vendor described in paragraph (1) shall be the fiscal agent on behalf of the Department of Housing and Community Development and shall be responsible for maintaining all records of claims for audit purposes.(3) Unless otherwise expressly provided, this subdivision shall remain operative so long as funds are made available pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code or as otherwise provided under federal law.SECTION 1.Section 54957.5 of the Government Code is amended to read:54957.5.(a)Agendas of public meetings are disclosable public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be made available upon request without delay and in compliance with Section 54954.2 or Section 54956, as applicable. However, this section shall not apply to a writing, or portion thereof, that is exempt from public disclosure.(b)(1)If a writing is a public record related to an agenda item for an open session of a regular meeting of the legislative body of a local agency and is distributed to all, or a majority of all, of the members of a legislative body of a local agency by a person in connection with a matter subject to discussion or consideration at an open meeting of the body less than 72 hours before that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body.(2)(A)Except as provided in subparagraph (B), a local agency shall comply with both of the following requirements:(i)A local agency shall make a writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose.(ii)A local agency shall list the address of the office or location designated pursuant to clause (i) on the agendas for all meetings of the legislative body of that agency.(B)A local agency shall not be required to comply with the requirements of subparagraph (A) if all of the following requirements are met:(i)An initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item is made available for public inspection at the office or location designated pursuant to clause (i) of subparagraph (A) at least 72 hours before the meeting.(ii)The local agency immediately posts a writing described in paragraph (1) on the local agencys internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting.(iii)The local agency lists the web address of the local agencys internet website on the agendas for all meetings of the legislative body of that agency.(iv)(I)Subject to subclause (II), the local agency makes physical copies available for public inspection, beginning the next regular business hours for the local agency, at the office or location designated pursuant to clause (i) of subparagraph (A).(II)This clause is satisfied only if the next regular business hours of the local agency commence at least 24 hours before that meeting.(c)Writings that are public records described in subdivision (b) and distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.(d)This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 7922.530, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.(e)This section shall not be construed to limit or delay the publics right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including, but not limited to, the ability of the public to inspect public records pursuant to Section 7922.525 and obtain copies of public records pursuant to either subdivision (b) of Section 7922.530 or Section 7922.535. This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1348Introduced by Assembly Member GraysonFebruary 16, 2023 An act to amend Section 54957.5 of the Government Code, relating to local government. An act to amend Section 925.6 of the Government Code, relating to state claims.LEGISLATIVE COUNSEL'S DIGESTAB 1348, as amended, Grayson. Local government: open meetings. State government: Controller: claims audits.Existing law, the Government Claims Act, generally requires the presentation of all claims for money or damages against local public entities and the state. Existing law provides for the presentation of a claim for which appropriations have been made, or for which state funds are available, under that act to the Controller, in the form and manner prescribed by the general rules and regulations adopted by the Department of General Services. Existing law, with specified exceptions, prohibits the Controller from drawing a warrant for any claim until it has been audited in conformity with law and the general rules and regulations adopted by the Department of General Services governing the presentation and audit of claims.This bill would require the Controller to conduct, unless prohibited by the provisions of a state ballot proposition passed by the electorate, financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent. The bill would also require the Controller to conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law. The bill would, among other things, authorize the Controller to recover their costs in conducting these and the above-described audits from amounts appropriated for purposes of carrying out these audits, except as described. The bill would require the Controller to provide a report with specified information from these audits to the Legislature by June 30 of each year and would require the Controller to allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee, as described. The bill would make related legislative findings and declarations.Existing law, the California Public Records Act, requires state agencies and local agencies to make public records available for inspection, subject to specified criteria, and with specified exceptions. Existing law, the Ralph M. Brown Act, requires the meetings of the legislative body of a local agency to be conducted openly and publicly, with specified exceptions. Existing law makes agendas of public meetings and other writings distributed to the members of the governing board disclosable public records, with certain exceptions.This bill would make nonsubstantive changes to the public record provisions governing the writings related to agendas of public meetings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 20, 2023 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly May 18, 2023 | |
| 8 | 7 | Amended IN Assembly March 20, 2023 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 1348 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member GraysonFebruary 16, 2023 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Grayson | |
| 19 | 18 | February 16, 2023 | |
| 20 | 19 | ||
| 21 | - | An act to amend Section 925.6 of the Government Code, relating to state claims. | |
| 20 | + | An act to amend Section 54957.5 of the Government Code, relating to local government. An act to amend Section 925.6 of the Government Code, relating to state claims. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 1348, as amended, Grayson. State government: Controller: claims audits. | |
| 26 | + | AB 1348, as amended, Grayson. Local government: open meetings. State government: Controller: claims audits. | |
| 28 | 27 | ||
| 29 | - | Existing law, the Government Claims Act, generally requires the presentation of all claims for money or damages against local public entities and the state. Existing law provides for the presentation of a claim for which appropriations have been made, or for which state funds are available, under that act to the Controller, in the form and manner prescribed by the general rules and regulations adopted by the Department of General Services. Existing law, with specified exceptions, prohibits the Controller from drawing a warrant for any claim until it has been audited in conformity with law and the general rules and regulations adopted by the Department of General Services governing the presentation and audit of claims.This bill would require | |
| 28 | + | Existing law, the Government Claims Act, generally requires the presentation of all claims for money or damages against local public entities and the state. Existing law provides for the presentation of a claim for which appropriations have been made, or for which state funds are available, under that act to the Controller, in the form and manner prescribed by the general rules and regulations adopted by the Department of General Services. Existing law, with specified exceptions, prohibits the Controller from drawing a warrant for any claim until it has been audited in conformity with law and the general rules and regulations adopted by the Department of General Services governing the presentation and audit of claims.This bill would require the Controller to conduct, unless prohibited by the provisions of a state ballot proposition passed by the electorate, financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent. The bill would also require the Controller to conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law. The bill would, among other things, authorize the Controller to recover their costs in conducting these and the above-described audits from amounts appropriated for purposes of carrying out these audits, except as described. The bill would require the Controller to provide a report with specified information from these audits to the Legislature by June 30 of each year and would require the Controller to allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee, as described. The bill would make related legislative findings and declarations.Existing law, the California Public Records Act, requires state agencies and local agencies to make public records available for inspection, subject to specified criteria, and with specified exceptions. Existing law, the Ralph M. Brown Act, requires the meetings of the legislative body of a local agency to be conducted openly and publicly, with specified exceptions. Existing law makes agendas of public meetings and other writings distributed to the members of the governing board disclosable public records, with certain exceptions.This bill would make nonsubstantive changes to the public record provisions governing the writings related to agendas of public meetings. | |
| 30 | 29 | ||
| 31 | 30 | Existing law, the Government Claims Act, generally requires the presentation of all claims for money or damages against local public entities and the state. Existing law provides for the presentation of a claim for which appropriations have been made, or for which state funds are available, under that act to the Controller, in the form and manner prescribed by the general rules and regulations adopted by the Department of General Services. Existing law, with specified exceptions, prohibits the Controller from drawing a warrant for any claim until it has been audited in conformity with law and the general rules and regulations adopted by the Department of General Services governing the presentation and audit of claims. | |
| 32 | 31 | ||
| 33 | - | This bill would require authorize the Controller to conduct, unless prohibited by the provisions of a state ballot proposition passed by the electorate, financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent. The bill would also require authorize the Controller to conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law. The bill would, among other things, authorize the Controller to recover their costs in conducting these and the above-described audits from amounts appropriated for purposes of carrying out these audits, except as described. The bill would require require, if an audit is conducted as specified, the Controller to provide a report with specified information from these audits to the Legislature by June 30 of each year following the completion of the audit and would require the Controller to allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee, as described. The bill would make related legislative findings and declarations. | |
| 32 | + | This bill would require the Controller to conduct, unless prohibited by the provisions of a state ballot proposition passed by the electorate, financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent. The bill would also require the Controller to conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law. The bill would, among other things, authorize the Controller to recover their costs in conducting these and the above-described audits from amounts appropriated for purposes of carrying out these audits, except as described. The bill would require the Controller to provide a report with specified information from these audits to the Legislature by June 30 of each year and would require the Controller to allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee, as described. The bill would make related legislative findings and declarations. | |
| 33 | + | ||
| 34 | + | Existing law, the California Public Records Act, requires state agencies and local agencies to make public records available for inspection, subject to specified criteria, and with specified exceptions. Existing law, the Ralph M. Brown Act, requires the meetings of the legislative body of a local agency to be conducted openly and publicly, with specified exceptions. Existing law makes agendas of public meetings and other writings distributed to the members of the governing board disclosable public records, with certain exceptions. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would make nonsubstantive changes to the public record provisions governing the writings related to agendas of public meetings. | |
| 39 | + | ||
| 40 | + | ||
| 34 | 41 | ||
| 35 | 42 | ## Digest Key | |
| 36 | 43 | ||
| 37 | 44 | ## Bill Text | |
| 38 | 45 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) It is the intent of the Legislature to promote accountability and transparency over funds approved by voters through ballot propositions by establishing a program requiring financial and compliance audits of money required to be appropriated or spent pursuant to the terms of the proposition.(b) It is the intent of the Legislature that, unless otherwise stated in the initiative, the Controller shall have the primary responsibility for implementing and overseeing the program.(c) It is the intent of the Legislature that all expenditures of taxpayer dollars that are approved by voters through ballot propositions, regardless of the specific fund, be reviewed and audited on a regular basis as part of the program for purposes of ensuring that the expenditures are made in a manner consistent with voter intent.SEC. 2. Section 925.6 of the Government Code is amended to read:925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) It is the intent of the Legislature to promote accountability and transparency over funds approved by voters through ballot propositions by establishing a program requiring financial and compliance audits of money required to be appropriated or spent pursuant to the terms of the proposition.(b) It is the intent of the Legislature that, unless otherwise stated in the initiative, the Controller shall have the primary responsibility for implementing and overseeing the program.(c) It is the intent of the Legislature that all expenditures of taxpayer dollars that are approved by voters through ballot propositions, regardless of the specific fund, be reviewed and audited on a regular basis as part of the program for purposes of ensuring that the expenditures are made in a manner consistent with voter intent.SEC. 2. Section 925.6 of the Government Code is amended to read:925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall also conduct financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent.(B) The Controller shall also conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law.(C) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall recover their costs in conduct audits pursuant to this section from amounts appropriated for purposes of carrying out these audits.(D) This section shall not be construed to authorize any entity or individual, including, but not limited to, any state or local agency, subcontractor, or subrecipient of a claim, to constrain, in any manner, the Controller from carrying out any audits.(E) The Controller shall provide a report to the Legislature, in compliance with Section 9795, by June 30 of each year as follows:(i) The report shall contain information regarding programs that are not in compliance with any state ballot proposition passed by the electorate and any applicable regulations.(ii) The report shall categorize audit exception by types and shall identify the reasons for the exceptions.(iii) The report shall include the Controllers recommendations to the Legislature as to what action should be taken, based on the content of the report.(F) Before issuing the report required in subparagraph (E), the Controller shall allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee.(b) Notwithstanding subdivision (a), the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee, in cooperation with the Controller, shall adopt rules and regulations to govern the presentation of claims of the committees to the Controller. The Controller, in cooperation with the committees, shall adopt rules and regulations governing the audit and recordkeeping of claims of the committees. All rules and regulations shall be adopted by January 31, 1990, shall be published in the Assembly and Senate Journals, and shall be made available to the public.(c) Rules and regulations adopted pursuant to subdivision (b) shall not be subject to the review by or approval of the Office of Administrative Law.(d) Records of claims kept by the Controller pursuant to subdivision (b) shall be open to public inspection as permitted by the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(e) (1) Notwithstanding subdivision (a), the Controller shall draw their warrant for any claim submitted by the Department of Housing and Community Development to advance the payment of funds to a vendor selected pursuant to Section 50897.3 of the Health and Safety Code, based on approved applicants associated with Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code. Funds made available for advance payment pursuant to this subdivision shall not exceed 25 percent of the original amount allocated for the program described in Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code at any given time.(2) The vendor described in paragraph (1) shall be the fiscal agent on behalf of the Department of Housing and Community Development and shall be responsible for maintaining all records of claims for audit purposes.(3) Unless otherwise expressly provided, this subdivision shall remain operative so long as funds are made available pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code or as otherwise provided under federal law.SECTION 1.Section 54957.5 of the Government Code is amended to read:54957.5.(a)Agendas of public meetings are disclosable public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be made available upon request without delay and in compliance with Section 54954.2 or Section 54956, as applicable. However, this section shall not apply to a writing, or portion thereof, that is exempt from public disclosure.(b)(1)If a writing is a public record related to an agenda item for an open session of a regular meeting of the legislative body of a local agency and is distributed to all, or a majority of all, of the members of a legislative body of a local agency by a person in connection with a matter subject to discussion or consideration at an open meeting of the body less than 72 hours before that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body.(2)(A)Except as provided in subparagraph (B), a local agency shall comply with both of the following requirements:(i)A local agency shall make a writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose.(ii)A local agency shall list the address of the office or location designated pursuant to clause (i) on the agendas for all meetings of the legislative body of that agency.(B)A local agency shall not be required to comply with the requirements of subparagraph (A) if all of the following requirements are met:(i)An initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item is made available for public inspection at the office or location designated pursuant to clause (i) of subparagraph (A) at least 72 hours before the meeting.(ii)The local agency immediately posts a writing described in paragraph (1) on the local agencys internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting.(iii)The local agency lists the web address of the local agencys internet website on the agendas for all meetings of the legislative body of that agency.(iv)(I)Subject to subclause (II), the local agency makes physical copies available for public inspection, beginning the next regular business hours for the local agency, at the office or location designated pursuant to clause (i) of subparagraph (A).(II)This clause is satisfied only if the next regular business hours of the local agency commence at least 24 hours before that meeting.(c)Writings that are public records described in subdivision (b) and distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.(d)This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 7922.530, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.(e)This section shall not be construed to limit or delay the publics right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including, but not limited to, the ability of the public to inspect public records pursuant to Section 7922.525 and obtain copies of public records pursuant to either subdivision (b) of Section 7922.530 or Section 7922.535. This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. | |
| 40 | 47 | ||
| 41 | 48 | The people of the State of California do enact as follows: | |
| 42 | 49 | ||
| 43 | 50 | ## The people of the State of California do enact as follows: | |
| 44 | 51 | ||
| 45 | 52 | SECTION 1. The Legislature finds and declares the following:(a) It is the intent of the Legislature to promote accountability and transparency over funds approved by voters through ballot propositions by establishing a program requiring financial and compliance audits of money required to be appropriated or spent pursuant to the terms of the proposition.(b) It is the intent of the Legislature that, unless otherwise stated in the initiative, the Controller shall have the primary responsibility for implementing and overseeing the program.(c) It is the intent of the Legislature that all expenditures of taxpayer dollars that are approved by voters through ballot propositions, regardless of the specific fund, be reviewed and audited on a regular basis as part of the program for purposes of ensuring that the expenditures are made in a manner consistent with voter intent. | |
| 46 | 53 | ||
| 47 | 54 | SECTION 1. The Legislature finds and declares the following:(a) It is the intent of the Legislature to promote accountability and transparency over funds approved by voters through ballot propositions by establishing a program requiring financial and compliance audits of money required to be appropriated or spent pursuant to the terms of the proposition.(b) It is the intent of the Legislature that, unless otherwise stated in the initiative, the Controller shall have the primary responsibility for implementing and overseeing the program.(c) It is the intent of the Legislature that all expenditures of taxpayer dollars that are approved by voters through ballot propositions, regardless of the specific fund, be reviewed and audited on a regular basis as part of the program for purposes of ensuring that the expenditures are made in a manner consistent with voter intent. | |
| 48 | 55 | ||
| 49 | 56 | SECTION 1. The Legislature finds and declares the following: | |
| 50 | 57 | ||
| 51 | 58 | ### SECTION 1. | |
| 52 | 59 | ||
| 53 | 60 | (a) It is the intent of the Legislature to promote accountability and transparency over funds approved by voters through ballot propositions by establishing a program requiring financial and compliance audits of money required to be appropriated or spent pursuant to the terms of the proposition. | |
| 54 | 61 | ||
| 55 | 62 | (b) It is the intent of the Legislature that, unless otherwise stated in the initiative, the Controller shall have the primary responsibility for implementing and overseeing the program. | |
| 56 | 63 | ||
| 57 | 64 | (c) It is the intent of the Legislature that all expenditures of taxpayer dollars that are approved by voters through ballot propositions, regardless of the specific fund, be reviewed and audited on a regular basis as part of the program for purposes of ensuring that the expenditures are made in a manner consistent with voter intent. | |
| 58 | 65 | ||
| 59 | - | SEC. 2. Section 925.6 of the Government Code is amended to read:925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall | |
| 66 | + | SEC. 2. Section 925.6 of the Government Code is amended to read:925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall also conduct financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent.(B) The Controller shall also conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law.(C) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall recover their costs in conduct audits pursuant to this section from amounts appropriated for purposes of carrying out these audits.(D) This section shall not be construed to authorize any entity or individual, including, but not limited to, any state or local agency, subcontractor, or subrecipient of a claim, to constrain, in any manner, the Controller from carrying out any audits.(E) The Controller shall provide a report to the Legislature, in compliance with Section 9795, by June 30 of each year as follows:(i) The report shall contain information regarding programs that are not in compliance with any state ballot proposition passed by the electorate and any applicable regulations.(ii) The report shall categorize audit exception by types and shall identify the reasons for the exceptions.(iii) The report shall include the Controllers recommendations to the Legislature as to what action should be taken, based on the content of the report.(F) Before issuing the report required in subparagraph (E), the Controller shall allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee.(b) Notwithstanding subdivision (a), the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee, in cooperation with the Controller, shall adopt rules and regulations to govern the presentation of claims of the committees to the Controller. The Controller, in cooperation with the committees, shall adopt rules and regulations governing the audit and recordkeeping of claims of the committees. All rules and regulations shall be adopted by January 31, 1990, shall be published in the Assembly and Senate Journals, and shall be made available to the public.(c) Rules and regulations adopted pursuant to subdivision (b) shall not be subject to the review by or approval of the Office of Administrative Law.(d) Records of claims kept by the Controller pursuant to subdivision (b) shall be open to public inspection as permitted by the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(e) (1) Notwithstanding subdivision (a), the Controller shall draw their warrant for any claim submitted by the Department of Housing and Community Development to advance the payment of funds to a vendor selected pursuant to Section 50897.3 of the Health and Safety Code, based on approved applicants associated with Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code. Funds made available for advance payment pursuant to this subdivision shall not exceed 25 percent of the original amount allocated for the program described in Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code at any given time.(2) The vendor described in paragraph (1) shall be the fiscal agent on behalf of the Department of Housing and Community Development and shall be responsible for maintaining all records of claims for audit purposes.(3) Unless otherwise expressly provided, this subdivision shall remain operative so long as funds are made available pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code or as otherwise provided under federal law. | |
| 60 | 67 | ||
| 61 | 68 | SEC. 2. Section 925.6 of the Government Code is amended to read: | |
| 62 | 69 | ||
| 63 | 70 | ### SEC. 2. | |
| 64 | 71 | ||
| 65 | - | 925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall | |
| 72 | + | 925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall also conduct financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent.(B) The Controller shall also conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law.(C) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall recover their costs in conduct audits pursuant to this section from amounts appropriated for purposes of carrying out these audits.(D) This section shall not be construed to authorize any entity or individual, including, but not limited to, any state or local agency, subcontractor, or subrecipient of a claim, to constrain, in any manner, the Controller from carrying out any audits.(E) The Controller shall provide a report to the Legislature, in compliance with Section 9795, by June 30 of each year as follows:(i) The report shall contain information regarding programs that are not in compliance with any state ballot proposition passed by the electorate and any applicable regulations.(ii) The report shall categorize audit exception by types and shall identify the reasons for the exceptions.(iii) The report shall include the Controllers recommendations to the Legislature as to what action should be taken, based on the content of the report.(F) Before issuing the report required in subparagraph (E), the Controller shall allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee.(b) Notwithstanding subdivision (a), the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee, in cooperation with the Controller, shall adopt rules and regulations to govern the presentation of claims of the committees to the Controller. The Controller, in cooperation with the committees, shall adopt rules and regulations governing the audit and recordkeeping of claims of the committees. All rules and regulations shall be adopted by January 31, 1990, shall be published in the Assembly and Senate Journals, and shall be made available to the public.(c) Rules and regulations adopted pursuant to subdivision (b) shall not be subject to the review by or approval of the Office of Administrative Law.(d) Records of claims kept by the Controller pursuant to subdivision (b) shall be open to public inspection as permitted by the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(e) (1) Notwithstanding subdivision (a), the Controller shall draw their warrant for any claim submitted by the Department of Housing and Community Development to advance the payment of funds to a vendor selected pursuant to Section 50897.3 of the Health and Safety Code, based on approved applicants associated with Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code. Funds made available for advance payment pursuant to this subdivision shall not exceed 25 percent of the original amount allocated for the program described in Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code at any given time.(2) The vendor described in paragraph (1) shall be the fiscal agent on behalf of the Department of Housing and Community Development and shall be responsible for maintaining all records of claims for audit purposes.(3) Unless otherwise expressly provided, this subdivision shall remain operative so long as funds are made available pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code or as otherwise provided under federal law. | |
| 66 | 73 | ||
| 67 | - | 925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall | |
| 74 | + | 925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall also conduct financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent.(B) The Controller shall also conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law.(C) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall recover their costs in conduct audits pursuant to this section from amounts appropriated for purposes of carrying out these audits.(D) This section shall not be construed to authorize any entity or individual, including, but not limited to, any state or local agency, subcontractor, or subrecipient of a claim, to constrain, in any manner, the Controller from carrying out any audits.(E) The Controller shall provide a report to the Legislature, in compliance with Section 9795, by June 30 of each year as follows:(i) The report shall contain information regarding programs that are not in compliance with any state ballot proposition passed by the electorate and any applicable regulations.(ii) The report shall categorize audit exception by types and shall identify the reasons for the exceptions.(iii) The report shall include the Controllers recommendations to the Legislature as to what action should be taken, based on the content of the report.(F) Before issuing the report required in subparagraph (E), the Controller shall allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee.(b) Notwithstanding subdivision (a), the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee, in cooperation with the Controller, shall adopt rules and regulations to govern the presentation of claims of the committees to the Controller. The Controller, in cooperation with the committees, shall adopt rules and regulations governing the audit and recordkeeping of claims of the committees. All rules and regulations shall be adopted by January 31, 1990, shall be published in the Assembly and Senate Journals, and shall be made available to the public.(c) Rules and regulations adopted pursuant to subdivision (b) shall not be subject to the review by or approval of the Office of Administrative Law.(d) Records of claims kept by the Controller pursuant to subdivision (b) shall be open to public inspection as permitted by the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(e) (1) Notwithstanding subdivision (a), the Controller shall draw their warrant for any claim submitted by the Department of Housing and Community Development to advance the payment of funds to a vendor selected pursuant to Section 50897.3 of the Health and Safety Code, based on approved applicants associated with Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code. Funds made available for advance payment pursuant to this subdivision shall not exceed 25 percent of the original amount allocated for the program described in Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code at any given time.(2) The vendor described in paragraph (1) shall be the fiscal agent on behalf of the Department of Housing and Community Development and shall be responsible for maintaining all records of claims for audit purposes.(3) Unless otherwise expressly provided, this subdivision shall remain operative so long as funds are made available pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code or as otherwise provided under federal law. | |
| 68 | 75 | ||
| 69 | - | 925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall | |
| 76 | + | 925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section.(2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall also conduct financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent.(B) The Controller shall also conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law.(C) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall recover their costs in conduct audits pursuant to this section from amounts appropriated for purposes of carrying out these audits.(D) This section shall not be construed to authorize any entity or individual, including, but not limited to, any state or local agency, subcontractor, or subrecipient of a claim, to constrain, in any manner, the Controller from carrying out any audits.(E) The Controller shall provide a report to the Legislature, in compliance with Section 9795, by June 30 of each year as follows:(i) The report shall contain information regarding programs that are not in compliance with any state ballot proposition passed by the electorate and any applicable regulations.(ii) The report shall categorize audit exception by types and shall identify the reasons for the exceptions.(iii) The report shall include the Controllers recommendations to the Legislature as to what action should be taken, based on the content of the report.(F) Before issuing the report required in subparagraph (E), the Controller shall allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee.(b) Notwithstanding subdivision (a), the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee, in cooperation with the Controller, shall adopt rules and regulations to govern the presentation of claims of the committees to the Controller. The Controller, in cooperation with the committees, shall adopt rules and regulations governing the audit and recordkeeping of claims of the committees. All rules and regulations shall be adopted by January 31, 1990, shall be published in the Assembly and Senate Journals, and shall be made available to the public.(c) Rules and regulations adopted pursuant to subdivision (b) shall not be subject to the review by or approval of the Office of Administrative Law.(d) Records of claims kept by the Controller pursuant to subdivision (b) shall be open to public inspection as permitted by the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).(e) (1) Notwithstanding subdivision (a), the Controller shall draw their warrant for any claim submitted by the Department of Housing and Community Development to advance the payment of funds to a vendor selected pursuant to Section 50897.3 of the Health and Safety Code, based on approved applicants associated with Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code. Funds made available for advance payment pursuant to this subdivision shall not exceed 25 percent of the original amount allocated for the program described in Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code at any given time.(2) The vendor described in paragraph (1) shall be the fiscal agent on behalf of the Department of Housing and Community Development and shall be responsible for maintaining all records of claims for audit purposes.(3) Unless otherwise expressly provided, this subdivision shall remain operative so long as funds are made available pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code or as otherwise provided under federal law. | |
| 70 | 77 | ||
| 71 | 78 | ||
| 72 | 79 | ||
| 73 | 80 | 925.6. (a) (1) Except as otherwise provided in subdivisions (b) and (e), the Controller shall not draw their warrant for any claim until the Controller has audited that claim in conformity with law and the general rules and regulations adopted by the department, governing the presentation and audit of claims. If the Controller is directed by law to draw their warrant for any purpose, the direction is subject to this section. | |
| 74 | 81 | ||
| 75 | - | (2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall | |
| 82 | + | (2) (A) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall also conduct financial and compliance audits as the Controllers office deems as necessary for purposes of ensuring that any expenditures, regardless of the source or fund from which the warrants for claims are drawn, are expended in a manner consistent with the law and the voters intent. | |
| 76 | 83 | ||
| 77 | - | (B) The Controller shall | |
| 84 | + | (B) The Controller shall also conduct any audits necessary to carry out their constitutional and statutory duties and responsibilities under the law. | |
| 78 | 85 | ||
| 79 | 86 | (C) Unless prohibited by the provisions of a state ballot proposition passed by the electorate, the Controller shall recover their costs in conduct audits pursuant to this section from amounts appropriated for purposes of carrying out these audits. | |
| 80 | 87 | ||
| 88 | + | (D) This section shall not be construed to authorize any entity or individual, including, but not limited to, any state or local agency, subcontractor, or subrecipient of a claim, to constrain, in any manner, the Controller from carrying out any audits. | |
| 81 | 89 | ||
| 82 | - | ||
| 83 | - | (D) | |
| 84 | - | ||
| 85 | - | ||
| 86 | - | ||
| 87 | - | (C) This section shall not be construed to authorize any entity or individual, including, but not limited to, any state or local agency, subcontractor, or subrecipient of a claim, to constrain, in any manner, the Controller from carrying out any audits. | |
| 88 | - | ||
| 89 | - | (E)The | |
| 90 | - | ||
| 91 | - | ||
| 92 | - | ||
| 93 | - | (D) If the Controller conducts an audit pursuant to subparagraph (A) or (B), the Controller shall provide a report to the Legislature, in compliance with Section 9795, by June 30 of each year following the completion of the audit as follows: | |
| 90 | + | (E) The Controller shall provide a report to the Legislature, in compliance with Section 9795, by June 30 of each year as follows: | |
| 94 | 91 | ||
| 95 | 92 | (i) The report shall contain information regarding programs that are not in compliance with any state ballot proposition passed by the electorate and any applicable regulations. | |
| 96 | 93 | ||
| 97 | 94 | (ii) The report shall categorize audit exception by types and shall identify the reasons for the exceptions. | |
| 98 | 95 | ||
| 99 | 96 | (iii) The report shall include the Controllers recommendations to the Legislature as to what action should be taken, based on the content of the report. | |
| 100 | 97 | ||
| 101 | - | (F) | |
| 102 | - | ||
| 103 | - | ||
| 104 | - | ||
| 105 | - | (E) Before issuing the report required in subparagraph (E), (D), the Controller shall allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee. | |
| 98 | + | (F) Before issuing the report required in subparagraph (E), the Controller shall allow all auditees in the report a reasonable period of time to review and comment on the section of the report relating to the auditee. | |
| 106 | 99 | ||
| 107 | 100 | (b) Notwithstanding subdivision (a), the Assembly Committee on Rules, the Senate Committee on Rules, and the Joint Rules Committee, in cooperation with the Controller, shall adopt rules and regulations to govern the presentation of claims of the committees to the Controller. The Controller, in cooperation with the committees, shall adopt rules and regulations governing the audit and recordkeeping of claims of the committees. All rules and regulations shall be adopted by January 31, 1990, shall be published in the Assembly and Senate Journals, and shall be made available to the public. | |
| 108 | 101 | ||
| 109 | 102 | (c) Rules and regulations adopted pursuant to subdivision (b) shall not be subject to the review by or approval of the Office of Administrative Law. | |
| 110 | 103 | ||
| 111 | 104 | (d) Records of claims kept by the Controller pursuant to subdivision (b) shall be open to public inspection as permitted by the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). | |
| 112 | 105 | ||
| 113 | 106 | (e) (1) Notwithstanding subdivision (a), the Controller shall draw their warrant for any claim submitted by the Department of Housing and Community Development to advance the payment of funds to a vendor selected pursuant to Section 50897.3 of the Health and Safety Code, based on approved applicants associated with Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code. Funds made available for advance payment pursuant to this subdivision shall not exceed 25 percent of the original amount allocated for the program described in Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code at any given time. | |
| 114 | 107 | ||
| 115 | 108 | (2) The vendor described in paragraph (1) shall be the fiscal agent on behalf of the Department of Housing and Community Development and shall be responsible for maintaining all records of claims for audit purposes. | |
| 116 | 109 | ||
| 117 | 110 | (3) Unless otherwise expressly provided, this subdivision shall remain operative so long as funds are made available pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code or as otherwise provided under federal law. | |
| 111 | + | ||
| 112 | + | ||
| 113 | + | ||
| 114 | + | ||
| 115 | + | ||
| 116 | + | (a)Agendas of public meetings are disclosable public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be made available upon request without delay and in compliance with Section 54954.2 or Section 54956, as applicable. However, this section shall not apply to a writing, or portion thereof, that is exempt from public disclosure. | |
| 117 | + | ||
| 118 | + | ||
| 119 | + | ||
| 120 | + | (b)(1)If a writing is a public record related to an agenda item for an open session of a regular meeting of the legislative body of a local agency and is distributed to all, or a majority of all, of the members of a legislative body of a local agency by a person in connection with a matter subject to discussion or consideration at an open meeting of the body less than 72 hours before that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body. | |
| 121 | + | ||
| 122 | + | ||
| 123 | + | ||
| 124 | + | (2)(A)Except as provided in subparagraph (B), a local agency shall comply with both of the following requirements: | |
| 125 | + | ||
| 126 | + | ||
| 127 | + | ||
| 128 | + | (i)A local agency shall make a writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose. | |
| 129 | + | ||
| 130 | + | ||
| 131 | + | ||
| 132 | + | (ii)A local agency shall list the address of the office or location designated pursuant to clause (i) on the agendas for all meetings of the legislative body of that agency. | |
| 133 | + | ||
| 134 | + | ||
| 135 | + | ||
| 136 | + | (B)A local agency shall not be required to comply with the requirements of subparagraph (A) if all of the following requirements are met: | |
| 137 | + | ||
| 138 | + | ||
| 139 | + | ||
| 140 | + | (i)An initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item is made available for public inspection at the office or location designated pursuant to clause (i) of subparagraph (A) at least 72 hours before the meeting. | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | ||
| 144 | + | (ii)The local agency immediately posts a writing described in paragraph (1) on the local agencys internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | ||
| 148 | + | (iii)The local agency lists the web address of the local agencys internet website on the agendas for all meetings of the legislative body of that agency. | |
| 149 | + | ||
| 150 | + | ||
| 151 | + | ||
| 152 | + | (iv)(I)Subject to subclause (II), the local agency makes physical copies available for public inspection, beginning the next regular business hours for the local agency, at the office or location designated pursuant to clause (i) of subparagraph (A). | |
| 153 | + | ||
| 154 | + | ||
| 155 | + | ||
| 156 | + | (II)This clause is satisfied only if the next regular business hours of the local agency commence at least 24 hours before that meeting. | |
| 157 | + | ||
| 158 | + | ||
| 159 | + | ||
| 160 | + | (c)Writings that are public records described in subdivision (b) and distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. | |
| 161 | + | ||
| 162 | + | ||
| 163 | + | ||
| 164 | + | (d)This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 7922.530, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. | |
| 165 | + | ||
| 166 | + | ||
| 167 | + | ||
| 168 | + | (e)This section shall not be construed to limit or delay the publics right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including, but not limited to, the ability of the public to inspect public records pursuant to Section 7922.525 and obtain copies of public records pursuant to either subdivision (b) of Section 7922.530 or Section 7922.535. This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. |