Bill Text: CA AB1590 | 2011-2012 | Regular Session | Amended

---

Bill Title: Local government meetings: legislative body: definition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-26 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 25). Re-referred to Com. on APPR. [AB1590 Detail]

Download: California-2011-AB1590-Amended.html

---

BILL NUMBER: AB 1590	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 6, 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.
State-mandated 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.