BILL ANALYSIS
AB 1436
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CONCURRENCE IN SENATE AMENDMENTS
AB 1436 (Portantino)
As Amended June 23, 2010
Majority vote
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|ASSEMBLY: |67-0 |(January 25, |SENATE: |36-0 |(August 23, |
| | |2010) | | |2010) |
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Original Committee Reference: HIGHER ED.
SUMMARY : Requires public higher education entities, as
specified, to make available on the Internet a live audio
broadcast of each of its meetings that is open to the public.
Specifically, this bill :
1)Requires the Board of Governors of the California Community
Colleges (CCC), the Board of Trustees of the California State
University (CSU), the California Postsecondary Education
Committee (CPEC), and the California Student Aid Commission
(CSAC) and its auxiliary (EdFund) to make available on the
Internet a live audio broadcast of each of its meetings that
is open to the public.
2)Requires that notice of these meetings and links to the live
audio broadcasts be easily accessible via each entity's
Internet Web site.
3)Requests the Regents of the University of California (UC)
comply with these provisions.
4)Provides that technical failures do not constitute a violation
of this section so long as the entity exercised due diligence
in making the live audio broadcast available.
The Senate amendments :
1)Remove language requiring the specified higher education
entities to make available on the Internet a live audio
broadcast of its meetings that are open to the public.
2)Add language requiring the specified entities to provide for
live audio transmission of all meetings that are open to the
public through a technology that is accessible to as large a
AB 1436
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segment of the public as possible, including, but not limited
to, the use of any of the following technologies:
a) Cable, satellite, over-the-air, or any other type of
transmission that can be accessed through a television; or,
b) 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.
3)Clarify that this bill applies only to meeting subject to the
Bagley-Keen Open Meetings Act.
EXISTING LAW requires:
1)All meetings of a state body to be open and public and all
persons shall be permitted to attend any meeting of a state
body except as otherwise provided in law (Government Code
Section 11123).
2)Every state agency to post on its homepage of its Web site a
link to all notices of public meetings and agendas and ways in
which the public may participate and publicly comment
(Government Code Section 11364).
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version that passed the Senate.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable costs to CSAC for implementation.
UC, CSU, CCC, CPEC, and EdFund already meet the bill's
requirements.
COMMENTS : The California Legislature provides live audio and
video Webcasts of its open meetings, including Floor sessions
and committee hearings. UC, CSU, CCC, EdFund, and CPEC also
audio Webcast their open meetings. Thus, while only CSAC would
be affected by this bill, the author believes this requirement
should be included in statute to ensure that these Webcasts
continue and that the links to the Webcasts are readily
accessible.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
AB 1436
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319-3960
FN: 0006700