BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 884 (Gordon) - Legislature: legislative proceeding: audiovisual recordings ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 9, 2016 |Policy Vote: E. & C.A. 4 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: Yes |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: June 13, 2016 |Consultant: Robert Ingenito | | | | ----------------------------------------------------------------- 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 AB 884 (Gordon) Page 1 of ? 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 AB 884 (Gordon) Page 2 of ? 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. -- END -- AB 884 (Gordon) Page 3 of ?