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)





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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  




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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.