Administrative Legislation 1997 - Chaptered Legislation Analyses
Administrative bills enacted in 1997 that are of general interest to the Board or have a general statewide impact on all state agencies and/or employees are summarized below. Unless otherwise noted, the new legislation is effective January 1, 1998.
This bill specifies that interest penalty fee provisions for goods and services may not be waived, altered, or limited by either the state agency or the entity contracting with the state agency on or after January 1, 1998. An entity contracting with a state agency would not be required to submit a claim or invoice for payment of an interest penalty fee.
This bill establishes the Citizen Complaint Act of 1997 and requires state agencies, with web sites, on or before July 1, 1998, or within 6 months of the establishment of such a site, to provide a form for individuals to register complaints or comments regarding the performance of that agency.
This bill deletes the January 1, 1998, repeal date that authorizes a state body to hold an open or closed meeting by teleconference under specified circumstances.
This bill makes changes to the Bagley-Keene Open Meeting Act which governs meetings held by state bodies. This bill, in part:
- Requires any person appointed or elected to serve as a member of a state body, who has not yet assumed the duties of office, to conform his or her conduct to the Act.
- Allows any person to make an audio or video recording of an opening meeting, unless the recording disrupts the meeting.
- Provides that any audio or video recording of the meeting made by the state body is a public record, but that the recording may be destroyed after 30 days.
- Provides that the state body may not restrict the broadcasting of its open meeting, unless the broadcasting disrupts the meeting.
- Requires, in the public agenda notice, a description of the items of business to be discussed, including items to be discussed in closed session.
- Revises provisions specifying when writings become public records and are required to be made available to the public.
- Provides for special meetings, with 48 hour notice, under certain circumstances.
- Limits the circumstances under which a state body may conduct an emergency meeting.
- Provides that a state body may meet in closed session to consider the evaluation of performance of a public employee.
- Provides that the Board of Equalization is not required to disclose any action taken in closed session or documents executed in connection with any action taken in closed session if disclosure would violate the various confidentiality provisions applicable to taxpayer records.
- Provides that prior to holding any closed session the state body shall disclose, in an open meeting, the general nature of the item(s) to be discussed in closed session. The disclosure may take the form of a reference to the item(s) listed by number or letter on the public notice agenda.
- Provides that a state body may continue or adjourn a public meeting to a specified time and place.
- Provides that, in addition to any interested person, the Attorney General or the district attorney may commence an action for the purpose of stopping or preventing violations or threaten violations of the Act or to determine the applicability of the Act to actions or future actions of members of the state body.
- Provides that it is a misdemeanor for a member of a state body to attend a meeting of the body in violation of the Act where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under the Act.
- Provides that a state body may not conduct meetings in any facility that is inaccessible to disabled persons or where members of the public may not be present without making a payment or purchase.
This bill makes changes to the Ralph M. Brown Act which governs meetings of legislative bodies of local agencies. This bill, in part:
- Provides that the Act does not apply to the attendance of a majority of the members of a legislative body at an open and noticed meeting of a legislative body of another local agency.
- Provides that the Act does not apply to the attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the attending members of the legislative body who are not members of the standing committee attend only as observers.
- Requires all meetings of the legislative body of a local agency to be open and public, and all persons are permitted to attend any meeting of the legislative body of a local agency, except as otherwise specified.
- Permits the use of teleconferencing for a meeting of individuals in different locations, through either audio or video, or both.
- Requires all votes taken during a teleconferenced meeting to be by rollcall.
- Requires each legislative body of a local agency to provide the time and place for holding regular meetings.
- Requires regular and special meetings to be held within the boundaries of the territory over which the local agency exercise jurisdiction, except as otherwise specified.
- Requires that upon receipt of a written request, which must be made annually, the legislative body will provide a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting to be mailed to the person making the request.
- Permits the legislative body to establish a fee for mailing the agenda or agenda packet, which the fee is not to exceed the cost of providing the service.
- Provides that prior to holding any closed session the legislative body shall disclose, in an open meeting, the general nature of the item(s) to be discussed in the closed session.
- Provides for special meetings, with 24 hour notice, under certain circumstances.
- Limits the circumstances under which the legislative body may conduct an emergency meeting.
This bill prohibits state agencies from printing personal information about an individual on any outgoing mail to that individual, unless that information is contained in sealed correspondence.
This bill requires any person submitting a written communication, to a state agency in a quasi-judicial proceeding, that is directly paid for by anyone other than the person who submitted the written communication, to identify the person who paid for the written communication. This bill authorizes a state agency conducting a quasi-judicial proceeding to refuse or ignore a written communication by an authorized representative on behalf of a client, unless the written communication clearly indicates the client on whose behalf the communication is submitted to the state agency.
This bill provides that state agencies may send specified information by electronic mail upon the request of the recipient, unless impracticable to do so, or unless contrary to state or federal law. Direct costs incurred by the agency involving the electronic transmission of information will be paid by the requester.