AB 185, as introduced, Roger Hernández. Open and public meetings: televised meetings.
(1) The Ralph M. Brown Act requires that an audio or video recording of an open and public meeting made at the direction of a local agency is subject to inspection pursuant to the California Public Records Act and may be erased or destroyed 30 days after the recording. Existing law requires that any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency.
The Digital Infrastructure and Video Competition Act of 2006 provides that cities, counties, cities and counties, or joint powers authorities receive state franchise fees in exchange for the use of public rights-of-way for the delivery of cable and video services provided within their jurisdictions, based on gross revenues, pursuant to a specified formula, from state franchise holders that provide public, educational, and governmental access (PEG) channels.
The bill would provide that an audio or video recording of an open and public meeting made at the direction of a local agency may be erased or destroyed 2 years after the recording.
The bill would require a local agency that collects a franchise fee from the holder of a state franchise that provides PEG channels to televise the open and public meetings of its legislative body and any of its advisory committees, if financially feasible, and to only use the franchise fees for that purpose. The bill would require that these franchise fees be used to cover the necessary expenses, as defined, for implementing the televising of the local agency’s open and public meetings. The bill would authorize, if franchise fee moneys in excess of that necessary to televise these meetings are available, the use of such fees to provide live streaming of these meetings on the Internet.
By imposing new duties on local public officials to televise open and public meetings, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) There have been over 50 public access channel closures in
4California municipalities. Seven of those municipalities are found
5within the boundaries of the 48th Assembly District.
6(b) Unfortunately, many local governments are not utilizing
7General Fund moneys or franchise fees for support, in addition to
8public, educational, and governmental access (PEG) channel funds,
9for the operation of public access television. Not televising open
10meetings or providing public access television is a threat to
11accessing public information in a readily available medium.
P3 1(c) PEG channels permit schools, governments, individuals,
2and groups to provide and receive information about local events,
3emergencies, and issues. PEG channels encourage the creation of
4local programming not only by local municipalities but by civic
5groups and nonprofits to promote localism and civic engagement.
Section 54953.5 of the Government Code is amended
7to read:
(a) begin deleteAny end deletebegin insertA end insertperson attending an open and public
9meeting of a legislative body of a local agency shall have the right
10to record the proceedings with an audio or video recorder or a still
11or motion picture camera in the absence of a reasonable finding
12by the legislative body of the local agency that the recording cannot
13continue without noise, illumination, or obstruction of view that
14constitutes, or would constitute, a persistent disruption of the
15proceedings.
16(b) begin deleteAny end deletebegin insertAn
end insertaudio or video recording of an open and public
17meeting madebegin delete for whatever purpose by orend delete at the direction of the
18local agency shall be subject to inspection pursuant to the
19California Public Records Act (Chapter 3.5 (commencing with
20Section 6250) of Division 7 of Title 1), but, notwithstanding
21Section 34090, may be erased or destroyedbegin delete 30 daysend deletebegin insert two yearsend insert after
22the recording.begin delete Anyend deletebegin insert Anend insert inspection of an audio or video recording
23shall be provided without charge on equipment made available by
24the local agency.
25(c) (1) A local agency that collects a franchise fee adopted
26pursuant to paragraph (1) of subdivision (q) of Section 5840 of
27the Public Utilities Code from the holder of a state franchise that
28provides public, educational, and governmental access (PEG)
29channels shall televise the open and public meetings of its
30legislative body and its advisory committees that are governed by
31this chapter, if it is financially feasible.
32(2) Franchise fees collected from the holder of a state franchise
33pursuant to subdivision (q) of Section 5840 of the Public Utilities
34Code shall only be used to televise the open and public meetings
35of the local agency, including, but not limited to, any necessary
36expenses for implementing the televising of the local agency’s open
37and public meetings.
38(3) If there are franchise fee
moneys available in excess of the
39amount necessary to televise open and public meetings as required
P4 1under paragraph (1), the local agency may use that money to fund
2live streaming of its open and public meetings on the Internet.
3(4) As used in this subdivision, “necessary expenses” includes,
4but is not limited to, the hiring of personnel, the purchase and
5maintenance of equipment, or the rental or leasing of production
6facilities.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9a local agency or school district has the authority to levy service
10charges, fees, or assessments to pay for the program or level of
11service mandated by this act, within the meaning of Section 17556
12of the Government Code.
13However, if the Commission on State Mandates determines that
14this act contains other costs mandated by the state for which the
15authority to levy service charges, fees, or assessments is insufficient
16to pay for the program or level of service mandated by this act,
17reimbursement to local agencies and school districts for those costs
18shall be made pursuant to Part 7
(commencing with Section 17500)
19of Division 4 of Title 2 of the Government Code.
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