BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 884 (Gordon) - Legislature:  legislative proceeding:   
          audiovisual recordings
          
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          |Version: June 9, 2016           |Policy Vote: E. & C.A. 4 - 1    |
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          |Urgency: Yes                    |Mandate: No                     |
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          |Hearing Date: June 13, 2016     |Consultant: Robert Ingenito     |
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          This bill meets the criteria for referral to the Suspense File.


          Bill Summary: AB 884, an urgency measure, would (1) repeal the  
          prohibition against using Assembly-generated television signals  
          for political or commercial purposes, (2) require the  
          Legislature to make audiovisual recordings of all open and  
          public proceedings of each house of the Legislature and the  
          committees thereof, as specified, and (3) require those records  
          to be made available to the public, as specified.    

          Fiscal Impact: The Legislature would incur one-time General Fund  
          costs of up to $2 million to purchase audiovisual recording  
          equipment, and about $1 million in ongoing General Fund costs  
          related to personnel and storage of the audiovisual recordings.
          
          Background: Current law prohibits a television signal generated  
          by the Assembly from being used for any political or commercial  
          purpose, including, but not limited to, any campaign for  
          elective public office or any campaign supporting or opposing a  
          ballot proposition submitted to the electors; violation results  
          in a misdemeanor. Additionally, current law requires the  
          Legislative Counsel, with the advice of the Assembly Committee  







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          on Rules and the Senate Committee on Rules, to make certain  
          information available to the public in electronic form,  
          including, among other things, the text of each bill introduced  
          in each current legislative session, including each amended,  
          enrolled, and chaptered form of each bill.

          Proposed Law: This bill would, among other things, do all of the  
          following:

                 Repeal the prohibition against using Assembly-generated  
               television signals for political or commercial purposes and  
               instead authorize the televised or other audiovisual  
               recordings of the public proceedings of each house of the  
               Legislature and the committees thereof to be used by the  
               public without the imposition of any fee.

                 Require, commencing on January 1, 2018, the Legislature  
               to do the following with respect to its open and public  
               proceedings:

                  o         Cause audiovisual recordings to be made of (1)  
                    all floor sessions of each house of the Legislature,  
                    (2) the committee proceedings thereof at which a vote  
                    is taken or an action is recorded, and (3) committee  
                    proceedings thereof held in the State Capitol Building  
                    regardless of whether a vote is taken or an action is  
                    recorded.

                  o         Make reasonable efforts to cause audiovisual  
                    recordings to be made of all committee proceedings  
                    held outside of the State Capitol Building at which no  
                    vote is taken and no action is recorded.

                  o         Make reasonable efforts to broadcast to the  
                    public, in real time, all proceedings of the  
                    Legislature and the committees thereof that are held  
                    in the State Capitol Building.

                 Require those recordings to be posted on the Internet by  
               the Legislative Counsel within one business day after the  
               proceeding being recorded has been recessed or adjourned  
               for the day.
          
                 Require recordings posted on the Internet to be  








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               retrievable in a perceivable format for public use for (1)  
               the duration of the biennial session in which the recording  
               is made, and (2) the two biennial sessions immediately  
               following.

                 Require the Legislative Counsel to preserve and secure  
               these recordings in an electronic form and store them in an  
               archive in a retrievable and perceivable format for not  
               less than 20 years.  Archived recordings shall be  
               reasonably available for use by the public.

                 Recast current law provisions related to state copyright  
               and proprietary interests in information be made publicly  
               available in electronic form by the Legislative Counsel and  
               instead provide that the information made available to the  
               public, as specified, is within the public domain.
            
                 Provide that it is contingent upon voter approval of SCA  
               14 (Wolk) at the November 8, 2016, Statewide General  
               Election.
          
          Related Legislation: SCA 14 (Wolk) would (1) prohibit the  
          Legislature from passing a bill unless it has been published on  
          the Internet in its final form for at least 72 hours, as  
          specified, and (2) require the Legislature to make available  
          audiovisual recordings of the open and public proceedings of  
          each house of the Legislature and the committees thereof, as  
          prescribed. SCA 14 will be also be heard in this Committee on  
          June 13, 2016.

          Staff Comments: The Legislature's annual budget is subject to  
          caps and limitations specified in Article IV, Section 7.5, of  
          the California Constitution, as adopted by Proposition 140, an  
          initiative measure approved by the voters on November 6, 1990.   
          Any new operations, staffing, or equipment expenditures imposed  
          upon the Legislature are typically absorbed within these  
          existing budgetary limits.  This bill, however, is contingent  
          upon voter approval of SCA 14, which explicitly excludes these  
          costs from the Legislature's annual budget, and instead requires  
          the Legislature to make sufficient funding available for these  
          purposes.


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