The changes proposed by AB 1332 are primarily nonsubstantive, focusing on clarifying existing rules rather than introducing new legal concepts or provisions. By reinforcing the requirement that penalty clauses cannot be adopted by reference, the bill aims to ensure clarity and specificity in local ordinances. This specificity is critical as it maintains the legislative body’s accountability to provide comprehensive penalties in the adopting ordinances, thereby fostering a transparent regulatory environment for local governance.
Summary
Assembly Bill No. 1332, introduced by Assembly Member Flora, seeks to amend Section 50022.4 of the Government Code concerning local government ordinances. The bill allows local agencies to enact ordinances adopting codes by reference, provided that the referenced codes are specified in the ordinance title. The objective is to streamline the process for local agencies to implement standards while ensuring public access to the ordinances and the codes being adopted. The bill emphasizes the importance of making these documents available for public scrutiny and understanding, enhancing transparency in local governance.
Contention
Though the bill does not appear to introduce significant controversy, there may be concerns among some local governments regarding the implications of maintaining clarity in ordinances without allowing the adoption of penalty clauses by reference. Critics might argue that the existing laws already provide enough clarity and that these nonsubstantive modifications might burden local agencies with additional paperwork. However, supporters assert that clarity in local governance is necessary for effective compliance and public understanding.