AB 185, as amended, Roger Hernández. Open and public meetings: televised meetings.
(1) The
end deletebegin insert The end insertRalph 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 planning commission, and, if it is financially feasible, to televise the open and public meetings of any of its advisory committeesbegin insert unless the local agency can prove a financial hardship, as specifiedend insert. The bill would also authorize the use of the franchise fees to televise the open and public meetings of the local agency and 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 no reimbursement is required by this act for a specified reason.
begin insertThe 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.
P3 1(b) Unfortunately, many local governments are not utilizing
2General Fund moneys or franchise fees for support, in addition to
3public, educational, and governmental access (PEG) channel funds,
4for the operation of public access television. Not televising open
5meetings or providing public access television is a threat to
6accessing public information in
a readily available medium.
7(c) PEG channels permit schools, governments, individuals,
8and groups to provide and receive information about local events,
9emergencies, and issues. PEG channels encourage the creation of
10local programming not only by local municipalities but by civic
11groups and nonprofits to promote localism and civic engagement.
Section 54953.5 of the Government Code is amended
13to read:
(a) A person attending an open and public meeting
15of a legislative body of a local agency shall have the right to record
16the proceedings with an audio or video recorder or a still or motion
17picture camera in the absence of a reasonable finding by the
18legislative body of the local agency that the recording cannot
19continue without noise, illumination, or obstruction of view that
20constitutes, or would constitute, a persistent disruption of the
21proceedings.
22(b) An audio or video recording of an open and public meeting
23made at the direction of the local agency shall be subject to
24inspection pursuant to the California Public Records Act (Chapter
253.5 (commencing with Section 6250) of
Division 7 of Title 1), but,
26notwithstanding Section 34090, may be erased or destroyed two
27years after the recording. An inspection of an audio or video
28recording shall be provided without charge on equipment made
29available by the local agency.
30(c) (1) A local agency that collects a franchise fee adopted
31pursuant to paragraph (1) of subdivision (q) of Section 5840 of
32the Public Utilities Code from the holder of a state franchise that
33provides public, educational, and governmental access (PEG)
34channels shall televise the open and public meetings of its
35legislative body and planning commissionbegin insert unless the local agency
36can prove a financial hardship. As used in this paragraph,
37“financial hardship” means that the cost of broadcasting is greater
38than the amount of
franchise fees collected annuallyend insert. If it is
39financially feasible to do so, it shall also televise the open and
P4 1public meetings of its advisory committees that are governed by
2this chapter.
3(2) A local agency may utilize any portion of franchise fees
4collected from the holder of a state franchise pursuant to
5subdivision (q) of Section 5840 of the Public Utilities Code to
6televise the open and public meetings of the local agency,
7including, but not limited to, any necessary expenses for
8implementing the televising of the local agency’s open and public
9meetings.
10(3) If there are franchise fee moneys available in excess of the
11amount necessary to televise open and public meetings as required
12under paragraph (1), the local agency may use that money to fund
13live
streaming of its open and public meetings on the Internet.
14(4) As used in this subdivision, “necessary expenses” includes,
15but is not limited to, the hiring of personnel, the purchase and
16maintenance of equipment, or the rental or leasing of production
17facilities.
No reimbursement is required by this act under Section
196 of Article XIII B of the California Constitution because the only
20costs that may be incurred by a local agency or school district
21under this act are the costs of complying with Chapter 9
22(commencing with Section 54950) of Part 1 of Division 3 of Title
235 of the Government Code and subdivision (c) of Section 36 of
24Article XIII of the California Constitution provides that costs of
25this type are not reimbursable.
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