BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1436|
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CONSENT
Bill No: AB 1436
Author: Portantino (D)
Amended: 6/23/20 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 7-0, 5/5/10
AYES: Romero, Alquist, Hancock, Liu, Price, Simitian,
Wyland
NO VOTE RECORDED: Huff, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 67-0, 1/25/10 - See last page for vote
SUBJECT : Postsecondary educational institutions:
meetings: live audio
transmission
SOURCE : Author
DIGEST : This bill requires the Board of Governors of the
California Community Colleges, the Trustees of the
California State University, the California Postsecondary
Education Commission, and the California Student Aid
Commission, including any auxiliary organization, and
requests the University of California, to make a live audio
transmission of each of its open public meetings available
on the Internet, as specified.
ANALYSIS : Current law requires the boards of the public
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segments of higher education and the California
Postsecondary Education Commission (CPEC) and the
California Student Aid Commission (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.
This bill:
1.Requires the Board of Governors of the California
Community Colleges (CCC), the Trustees of the California
State University (CSU), the CPEC, and the CSAC, including
any auxiliary organization, to provide for live audio
transmission of all meetings, which are open to the
public pursuant to the Bagley-Keene Open Meeting Act,
through a technology that is accessible to as large a
segment of the public as possible, including, but no
necessarily limited to, the use of either of the
following technologies:
A. Cable, satellite, over-the-air, or any other type
of transmission that can be accessed through a
television.
B. Web cast, in which case notice of meetings that
are open to the public and links to the Web cast
shall be easily accessible via each entity's Internet
Web site.
2.Requests the UC to comply with #1 and #2 above.
3.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 audio
transmission available was exercised.
Comments
According to the author's office, California's open meeting
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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.
What if the Technology Changes ? This bill currently
provides for, but is not limited to, various types of
technologies, including Web cast over the Internet, to meet
the public meeting requirements it establishes. As new
technology emerges, it would be covered under the
provisions of this bill.
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."
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 as a segment of
the public as possible. Passed the Senate Floor with a
vote of 39-0 on September 2, 2009.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/29/10)
Community College League of California
ARGUMENTS IN SUPPORT : According to the author's office,
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although all of the specified entities currently audio Web
cast 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 web casts are readily
accessible.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Chesbro, Conway, Cook,
Coto, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans,
Feuer, Fletcher, Fong, Fuentes, Fuller, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Mendoza, Miller, Monning, Niello, Nielsen, John A. Perez,
V. Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Silva, Skinner, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, Bass
NO VOTE RECORDED: Caballero, Charles Calderon, Carter,
Davis, Furutani, Hall, Harkey, Bonnie Lowenthal, Ma,
Nava, Nestande
CPM:cm 6/30/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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