BILL ANALYSIS SENATE COMMITTEE ON EDUCATION Gloria Romero, Chair 2009-2010 Regular Session BILL NO: AB 1436 AUTHOR: Portantino AMENDED: January 4, 2010 FISCAL COMM: Yes HEARING DATE: May 5, 2010 URGENCY: No CONSULTANT: Kathleen Chavira SUBJECT : Live audio broadcasts of postsecondary educational institution open meetings. KEY POLICY ISSUE Should public higher education entities be required to live audio broadcast open public meetings? SUMMARY This bill requires the Board of Governors of the California Community Colleges (CCC), the Trustees of the California State University (CSU), the California Postsecondary Education Commission (CPEC), and the California Student Aid Commission (CSAC), as well as EdFund, and requests the University of California (UC), to make a live audio broadcast of each of its open public meetings available on the internet, as specified. BACKGROUND Current law requires the boards of the public segments of higher education and the CPEC and CSAC (and affiliated) auxiliaries to conduct meetings in public pursuant to the Bagley-Keene Open Meeting Act, although that act allows these entities to meet in closed session in order to consider such things as pending litigation or the appointment, evaluation or dismissal of a public employee. Current law also requires that broadcasting, audio-recording or video-recording must be allowed so long as it does not disrupt the meeting. (Government Code 11120-11132) AB 1436 Page 2 ANALYSIS This bill : 1) Requires the Board of Governors of the CCC, the Trustees of the CSU, the CPEC, and the CSAC, as well as EdFund, to make a live audio broadcast of its open public meetings available on the Internet. 2) Requires that each entity make notice of these meetings and links to the live broadcast easily accessible via their respective websites. 3) Requests the UC to comply with #1 and #2. 4) Clarifies that technical failures that prevent the live broadcast are not violations of these provisions as long as reasonable due diligence in making a live broadcast available was exercised. STAFF COMMENTS 1) Need for the bill . According to the author, California's open meeting laws were intended to ensure that the public is informed about and able to participate in its governmental process. However, due to California's size and complexity, it is unrealistic to expect the public to be able to travel to attend these open meetings in person. An alternate means of participation should be made available to the public, especially since these boards make decisions that directly affect the public, including student fee increases, Cal Grant eligibility, and enrollment restrictions. According to the author, although all the specified entities currently audio webcast their open meetings and some have done so for almost a decade, this bill is necessary to ensure that this practice continues and that the links to the webcasts are readily accessible. 2) What if the technology changes ? This bill specifically requires the use of webcast via the internet to meet the public meeting requirements it establishes. However, it is possible that other means of transmitting the broadcast could evolve, or even provide a better alternative for meeting the open AB 1436 Page 3 meeting requirements. Staff recommends the bill be amended to delete lines 8-11 and insert "provide for live audio transmission of all meetings that are open to the public through a technology that is accessible to as large a segment of the public as possible, including, but not limited to, the use of any of the following technologies: (1) Cable, satellite, over-the-air, or any other type of transmission that can be accessed through a television (2) Web cast, in which case notice of these meetings and links to the broadcast shall be easily accessible via each entity's Internet Web site. The Regents of the University of" 3) Consistent with state policy . In 2006, the Governor issued Executive Order S-23-06 calling for expanded use of broadband networks and advanced communication services to enhance government operations. Among other things, the Governor directed that "the Department of General Services and the Department of Technology Services facilitate State use of streaming video technologies to broadcast public meetings over the Internet." 4) Similar legislation . SB 312 (Romero, Chapter 179, Statutes of 2009) required the State Board of Education and the State Allocation Board to provide for live video and audio transmission of all meetings and hearings that are open to the public through a technology that is accessible to as large a segment of the public as possible. SUPPORT None received. OPPOSITION None received.