Local government: ordinances.
If passed, AB 989 will contribute to clearer regulatory practices for local governments by maintaining stringent guidelines on how penalties are imposed within ordinances. This will help mitigate confusion about how local laws are adopted and enforced. The requirement to publish penalty clauses in full aims to enhance public awareness and oversight concerning local ordinances, thus aligning with principles of transparency and accountability in government actions.
Assembly Bill No. 989, introduced by Assembly Member Flora, aims to amend Section 50022.4 of the Government Code concerning local government ordinances. This bill seeks to clarify the existing law that allows local agencies to adopt codes by reference. Additionally, it reinforces the requirement that any penalty clauses associated with these codes cannot be adopted by reference but must instead be explicitly stated and published in the adopting ordinance. The legislation targets the procedural aspects of how local governments implement ordinances and ensure transparency during this process.
The notable point of contention surrounding AB 989 relates to the nature of the amendments being made, which are characterized as nonsubstantive changes. Critics may argue that such amendments could lead to ambiguity in enforcement or compliance, as local governments interpret the requirement around penalty clauses. Furthermore, some stakeholders might express concerns over the efficiency and practicality of having to publish all penalty clauses in their entirety within ordinances, potentially increasing the bureaucratic burden on local agencies.