BILL NUMBER: AB 185	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        JANUARY 28, 2013

   An act to amend Section 54953.5 of the Government Code, relating
to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) There have been over 50 public access channel closures in
California municipalities. Seven of those municipalities are found
within the boundaries of the 48th Assembly District.
   (b) Unfortunately, many local governments are not utilizing
General Fund moneys or franchise fees for support, in addition to
public, educational, and governmental access (PEG) channel funds, for
the operation of public access television. Not televising open
meetings or providing public access television is a threat to
accessing public information in a readily available medium.
   (c) PEG channels permit schools, governments, individuals, and
groups to provide and receive information about local events,
emergencies, and issues. PEG channels encourage the creation of local
programming not only by local municipalities but by civic groups and
nonprofits to promote localism and civic engagement.
  SEC. 2.  Section 54953.5 of the Government Code is amended to read:

   54953.5.  (a)  Any   A  person attending
an open and public meeting of a legislative body of a local agency
shall have the right to record the proceedings with an audio or video
recorder or a still or motion picture camera in the absence of a
reasonable finding by the legislative body of the local agency that
the recording cannot continue without noise, illumination, or
obstruction of view that constitutes, or would constitute, a
persistent disruption of the proceedings.
   (b)  Any   An    audio or video
recording of an open and public meeting made  for whatever
purpose by or  at the direction of the local agency shall be
subject to inspection pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), but, notwithstanding Section 34090, may be erased or destroyed
 30 days   two years  after the recording.
 Any   An  inspection of an audio or video
recording shall be provided without charge on equipment made
available by the local agency. 
   (c) (1) A local agency that collects a franchise fee adopted
pursuant to paragraph (1) of subdivision (q) of Section 5840 of the
Public Utilities Code from the holder of a state franchise that
provides public, educational, and governmental access (PEG) channels
shall televise the open and public meetings of its legislative body
and its advisory committees that are governed by this chapter, if it
is financially feasible.  
   (2) Franchise fees collected from the holder of a state franchise
pursuant to subdivision (q) of Section 5840 of the Public Utilities
Code shall only be used to televise the open and public meetings of
the local agency, including, but not limited to, any necessary
expenses for implementing the televising of the local agency's open
and public meetings.  
   (3) If there are franchise fee moneys available in excess of the
amount necessary to televise open and public meetings as required
under paragraph (1), the local agency may use that money to fund live
streaming of its open and public meetings on the Internet. 

   (4) As used in this subdivision, "necessary expenses" includes,
but is not limited to, the hiring of personnel, the purchase and
maintenance of equipment, or the rental or leasing of production
facilities. 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments to pay for the program or level of
service mandated by this act, within the meaning of Section 17556 of
the Government Code.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state for which the
authority to levy service charges, fees, or assessments is
insufficient to pay for the program or level of service mandated by
this act, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.