BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1723|
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                                 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 
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          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.


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           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 

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            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, 

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            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

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