BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1723| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1723 Author: Fuentes (D), et al. Amended: 8/22/12 in Senate Vote: 21 SENATE EDUCATION COMMITTEE : 9-0, 6/20/12 AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, Price, Simitian, Vargas NO VOTE RECORDED: Runner, Vacancy SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12 AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price, Steinberg ASSEMBLY FLOOR : 77-0, 5/29/12 - See last page for vote SUBJECT : Postsecondary educational: live video and audio transmission of meetings SOURCE : Author DIGEST : 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), 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 CONTINUED AB 1723 Page 2 comply with these provisions. Senate Floor Amendments of 8/22/12 delete the California Postsecondary Commission from the bill. ANALYSIS : Existing law requires the boards of the public segments of higher education and CSAC (and affiliated) auxiliaries to conduct meetings in public pursuant to the Bagley-Keene Open Meeting Act (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. Existing law also requires that broadcasting, audio-recording or video-recording must be allowed so long as it does not disrupt the meeting. Existing law also requires the Board of Governors of the CCC, the Trustees of the CSU, and CSAC, as well as EdFund, and requests the 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. This bill expands the requirements to be met by the Board of Governors of the CCC, the CSU Trustees, and the Student Aid Commission (including any of its auxiliary organizations) regarding live broadcasts of their public meetings: 1. Expands Existing 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. CONTINUED AB 1723 Page 3 4. Requests that the UC Regents comply with these provisions. Comments 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." 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 CCC. Prior Legislation AB 1436 (Portantino), Chapter 233, Statutes of 2010, requires the CCC Board of Governors, the CSU Trustees, CPEC, and CSAC, as well as EdFund, and requests 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, requires 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee, the requirements of this bill will result in varying costs by segment and agency, because they differ in current practice and access to appropriate technology. CCC: No additional costs; the CCC Board of Governors CONTINUED AB 1723 Page 4 currently complies with the requirements of this bill. CSU: $550,000 in one-time costs to bring facility infrastructure and equipment up to a level capable of providing live video transmissions, and minor ongoing costs to store video on-line. UC: $78,000 - $123,000 in initial equipment and contracting expenses, and $49,000-$110,000 in ongoing costs. CSAC: $53,600 in initial contracting costs, and $35,200 in ongoing costs. SUPPORT : (Verified 8/22/12) Lieutenant Governor, Gavin Newsom California Faculty Association California Labor Federation California Newspaper Publishers Association California Student Aid Commission ARGUMENTS IN SUPPORT : 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 author's office, using "over-the-air" transmission has hazed transparency and hinders accountability. The author's office is particularly concerned with the CSU, and contends that this bill ensures that the Board of Trustees join the countless number of organizations that already webcast or televise their meetings. ASSEMBLY FLOOR : 77-0, 5/29/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, CONTINUED AB 1723 Page 5 Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Cedillo, Fletcher, Hall PQ:d 8/22/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED