AB 185, as amended, 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 andbegin insert planning commission, and, if it is financially feasible, to televise the open and public meetings ofend insert any of its advisory committeesbegin delete, if financially feasible, and wouldend deletebegin insert. The bill would alsoend insert authorize
the use of the franchise feesbegin delete for that purpose. The bill would
additionally authorize the use of franchise feesend deletebegin insert to televise the open and public meetings of the local agency andend insert 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.
end deleteThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end delete(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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteWith 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.
end deleteThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: 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.
12(c) PEG channels permit schools, governments, individuals,
13and groups to provide and receive information about local events,
14emergencies, and issues. PEG channels encourage the creation of
15local programming not only by local municipalities but by civic
16groups and nonprofits to promote localism and civic engagement.
Section 54953.5 of the Government Code is amended
18to read:
(a) A person attending an open and public meeting
20of a legislative body of a local agency shall have the right to record
21the proceedings with an audio or video recorder or a still or motion
22picture camera in the absence of a reasonable finding by the
23legislative body of the local agency that the recording cannot
24continue without noise, illumination, or obstruction of view that
25constitutes, or would constitute, a persistent disruption of the
26proceedings.
27(b) An audio or video recording of an open and public meeting
28made at the direction of the local agency shall be subject to
29inspection pursuant to the California Public Records Act (Chapter
303.5 (commencing with Section 6250) of Division 7 of Title 1), but,
31notwithstanding Section 34090, may be erased or destroyed
two
32years after the recording. An inspection of an audio or video
33recording shall be provided without charge on equipment made
34available by the local agency.
P4 1(c) (1) A local agency that collects a franchise fee adopted
2pursuant to paragraph (1) of subdivision (q) of Section 5840 of
3the Public Utilities Code from the holder of a state franchise that
4provides public, educational, and governmental access (PEG)
5channels shall televise the open and public meetings of its
6legislative body andbegin insert planning commission. If it is financially
7feasible to do so, it shall also televise the open and public meetings
8ofend insert its advisory committees that are governed by this chapterbegin delete, if it .
9is financially feasibleend delete
10(2) A local agency may utilize any portion of franchise fees
11collected from the holder of a state franchise pursuant to
12subdivision (q) of Section 5840 of the Public Utilities Code to
13televise the open and public meetings of the local agency,
14including, but not limited to, any necessary expenses for
15implementing the televising of the local agency’s open and public
16meetings.
17(3) If there are franchise fee moneys available in excess of the
18amount necessary to televise open and public meetings as required
19under paragraph (1), the local agency may use that money to fund
20live streaming of its open and public meetings on the Internet.
21(4) As used in this subdivision, “necessary expenses” includes,
22but is not limited to, the hiring of personnel, the purchase and
23maintenance of equipment, or the rental or leasing of production
24
facilities.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27a local agency or school district has the authority to levy service
28charges, fees, or assessments to pay for the program or level of
29service mandated by this act, within the meaning of Section 17556
30of the Government Code.
31However, if the Commission on State Mandates determines that
32this act contains other costs mandated by the state for which the
33authority to levy service charges, fees, or assessments is insufficient
34to pay for the program or level of service mandated by this act,
35reimbursement to local agencies and school districts for those costs
36shall be made pursuant to Part 7 (commencing with Section 17500)
37of Division 4 of Title 2 of the Government Code.
CORRECTIONS:
Text--Pages 4 and 5.
O
Corrected 4-15-13—See last page. 97