BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       AB 1723
          AUTHOR:        Fuentes
          AMENDED:       May 1, 2012
          FISCAL COMM:   Yes            HEARING DATE:  June 20, 2012
          URGENCY:       No             CONSULTANT:    Kathleen 
          Chavira

           SUBJECT  :  Postsecondary education: live video and audio 
          transmission of 
                    meetings.
          
           SUMMARY  

          This bill expands the requirements to be met by 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, regarding live broadcasts of their public meetings 
          to include live  video  transmissions, deletes the option to 
          use "over-the-air" transmissions for this purpose, and 
          requests the University of California (UC) to comply with 
          these provisions. 

           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)

          Current law also requires the Board of Governors of the 
          California Community Colleges (CCC), the Trustees of the 
          California State University (CSU), the California 




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          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 through a technology 
          accessible to as large a segment of the population as 
          possible using cable, satellite, over-the-air, or other 
          type of transmission that can be accessed via television, 
          or via webcast. (Education Code §66020.5)

           


          ANALYSIS
           
           This bill  expands the requirements to be met by the Board 
          of Governors of the CCC, the CSU Trustees, the CPEC, and 
          the Student Aid Commission (including any of its auxiliary 
          organizations) regarding live broadcasts of their public 
          meetings:

          1)   Expands current law requirements beyond live audio 
               broadcast of open meetings to additionally require 
               live video transmissions. 

          2)   Deletes "over-the-air" technology as an option for 
               live video transmission of these meetings.

          3)   Requires that the specified entities archive and post 
               video and audio transmission on their respective 
               websites within 48 hours and for at least 12 months 
               following the initial transmission.

          4)   Requests that the UC Regents comply with these 
               provisions.

          5)   Exempts the California Student Aid Commission, and any 
               of its auxiliary organizations, from the requirement 
               for live video transmissions.

           STAFF COMMENTS  

           1)   Need for the bill  .  This bill changes existing law to 
               ensure that new technology is utilized for the purpose 
               of increasing transparency and accountability in 
               California's higher education system. According to the 




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               author, using "over-the-air" transmission has hazed 
               transparency and hinders accountability. The author is 
               particularly concerned with the California State 
               University, and contends that this bill would ensure 
               that the Board of Trustees join the countless number 
               of organizations that already webcast or televise 
               their meetings.

           2)   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."

           3)   Other state agencies  ?  Currently, several boards, 
               agencies and local governments televise and/or webcast 
               their meetings including the Legislature, Cal EPA, the 
               State Board of Education, the State Allocation Board 
               and the Board of Governors of the California Community 
               Colleges.

           4)   Why exempt CSAC  ?  The goal of this bill is to enhance 
               transparency and accountability of our higher 
               education system.  The Student Aid Commission is the 
               principal state agency responsible for administering 
               financial aid programs for students attending public 
               and private universities, colleges, and vocational 
               schools in California. In February and April of 2012, 
               the CSAC held "hearings" on on-line education, and 
               regularly considers policies and regulations governing 
               access to financial aid programs for students and 
               institutions.  Shouldn't these important policy 
               discussions be subject to the same level of 
               transparency and accountability as that expected of 
               other higher education segments and public agencies?   
               It is unclear why the Student Aid Commission should be 
               exempted from the requirement for live video 
               transmission of its public meetings. Staff recommends 
               the bill be amended to eliminate the exemption of the 
               California Student Aid Commission from live video 
               transmission requirements. 





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           5)   Prior legislation  . 

               AB 1436 (Portantino, Chapter 233, Statutes of 2010) 
               required the Board of Governors CCC, the CSU Trustees, 
               the CPEC, and the CSAC, as well as EdFund, and 
               requested the UC, to make a live audio broadcast of 
               each of its open public meetings available on the 
               internet, as specified.

               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  

          California Faculty Association
          California Labor Federation
          California Newspaper Publishers Association
          California Student Aid Commission
          Lieutenant Governor, Gavin Newsom

           OPPOSITION

           None received.