Bill Text

Bill Information

Add To My Favorites | print page

AB-1590 Local government meetings: legislative body: definition.(2011-2012)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB1590:v98#DOCUMENT

Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1590


Introduced  by  Assembly Member Campos

February 06, 2012


An act to amend Section 54952 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 1590, as amended, Campos. Local government meetings: legislative body: definition.
Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide the time and place for holding regular meetings and requires that all meetings of a legislative body be open and public and all persons be permitted to attend unless a closed session is authorized. Existing law defines for these purposes the term “legislative body” and includes within that definition a board of a local agency.
This bill would modify the definition of the term “legislative body” to include as a board, an assessment appeals board which may meet in closed session, as specified by another provision of existing law. By extending open meeting requirements to proceedings of assessment appeals boards, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 54952 of the Government Code is amended to read:

54952.
 As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) (1) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.
(2) (A) For purposes of this subdivision, “board” includes an assessment appeals board, including a board of supervisors when sitting as the assessment appeals board, which may meet in closed session, as provided by Section 1605.4 of the Revenue and Taxation Code.
(B) The Legislature finds and declares that assessment appeals boards constitute quasi-judicial boards. As such, Sections 54954.3 and 54957.5 shall not apply to these boards.
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.