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 AB 1723 Page 2 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 AB 1723 Page 3 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. AB 1723 Page 4 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.