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
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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
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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.