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CA SB1003

Bill

Status

Passed

9/28/2012

Primary Sponsor

Leland Yee

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Requires district attorneys or interested persons to submit a cease and desist letter to a legislative body within 9 months of an alleged Ralph M. Brown Act violation before filing a legal action challenging past actions.

  • Gives legislative bodies 30 days to respond to a cease and desist letter with an unconditional commitment to cease and not repeat the alleged violation, which must be approved in open session as a separate agenda item.

  • Dismisses with prejudice any lawsuit if a legislative body provides an unconditional commitment to cease the past action, preventing further litigation on that specific violation.

  • Requires courts to award costs and reasonable attorney fees to plaintiffs if a legislative body provides an unconditional commitment after the 30-day period expires and the filing of the action caused the commitment.

  • Allows legislative bodies to rescind commitments only by majority vote in open session with at least 30 days' prior notice to the person who received the commitment.

  • Effective January 1, 2013, with no retroactive application to violations occurring before that date.

Legislative Description

Local government: open meetings: cease and desist

Last Action

Chaptered by Secretary of State. Chapter 732, Statutes of 2012.

9/28/2012

Committee Referrals

Local Government6/11/2012
Governance and Finance2/16/2012
Rules2/6/2012

Full Bill Text

No bill text available