BILL ANALYSIS Ó AB 1976 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1976 (Irwin and Williams) As Amended August 19, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |76-0 |(April 14, |SENATE: | 39-0 | (August 23, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: AGRI. SUMMARY: This bill would reduce the number of avocado handler (handler) members on the California Avocado Commission (CAC) and reduce the time permitted to submit producer information to the California Department of Food and Agriculture. This bill also removes the requirement to post the physical location for teleconference meetings required under the Bagley-Keene Open Meeting Act for agricultural marketing and advisory boards, commissions and councils, as specified. The Senate amendments: 1)Change the Bagley-Keene open meeting act teleconferencing for agricultural marketing and advisory boards, commissions and councils (advisory board) from requiring a physical location for each board member participating by teleconference to be noticed and open to the public to the following: AB 1976 Page 2 a) Require any member of the advisory board that participates by teleconference be listed in the minutes of the meeting and provide at least 24 hour notice prior to the meeting; b) Require, for an advisory board having a teleconference meeting to provide a primary physical location of the advisory board meeting open to the public; c) Require, for an advisory board having a teleconference meeting, the meeting agenda to contain the teleconference phone number, Web site or other information that grant the public access to the meeting; d) State that this section does not exempt the advisory board from providing information for physical location of meeting and any teleconferencing participation information, as specified; and, e) Require the advisory board, prior to a teleconference meeting, to adopt teleconference guidelines that include, but are not limited to, cancellation due to technical issues, ensuring transparency, and public access. 2)Make technical and clarifying amendments related to the election of handlers and their alternates for CAC. 3)Exempt from the definition of avocado producer or grower, persons who produced less than an annual average of 10,000 pounds of avocado annually in the last three years. 4)Require handlers who are nominated and elected to CAC to have handled at least 1% of the total volume of industry avocados AB 1976 Page 3 in the previous year and require, once elected, the handlers maintain these eligibility requirements. 5)Make findings and declarations that it is in the state's interest to revise the requirements for teleconferences of the Bagley-Keene Open Meeting Act for these boards, councils, and commissions in order to encourage participation by directors. EXISTING LAW: 1)Requires, with specified exceptions, that all meetings of a state body, as defined, be open and public and all persons be permitted to attend any meeting of a state body. 2)Requires a state body subject to the open meeting requirements that conducts a meeting or proceeding by teleconference to post agendas at all teleconference locations and requires each teleconference location to be accessible to the public. 3)Requires the state body to provide an opportunity for members of the public to address the state body directly from any teleconference location. 4)Provides for CAC membership and voting procedures. AS PASSED BY THE ASSEMBLY, this bill dealt only with the adjustment to the CAC board. FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill, as was passed out of the Assembly, has negligible fiscal impact. Costs related to the change in the Bagley-Keene Open Meeting Act are unknown. AB 1976 Page 4 COMMENTS: According to the author, many agricultural and seafood industry commissions and advisory boards have chosen to conduct their meetings via teleconference to ease participation by the members. Current law requires these boards to post the locations of teleconference meetings in accordance with the Bagley-Keene Open Meeting Act. Many members of these boards are in remote locations across the state and often call in from a vehicle. As the purpose of having a teleconference is to accommodate members to participate, posting a physical location creates an undue burden for the group who may not have one and therefore be in violation of the law. This bill does not change the requirement that phone numbers be provided for public participation, but only removes the posted location obligation. By removing the requirement to post the physical location for teleconference meetings, supporters say it will allow more, not less, participation in meetings. The Bagley-Keene Open Meeting Act allows for teleconferencing, with the requirement that each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. Since 2001, when this portion of the law was written, there have been many advances in telecommunication, including more teleconferencing options such as free services that make it much easier and less expensive for people to participate. Furthermore, cell phone ownership has grown from 28% of the United States (US) population in 2000 to 91% by 2013, which has also changed the ways and places people can use their phones. These advances in technology have rendered the need for a physical location for teleconferencing outdated, especially if the alternative is to not have teleconferencing at all, due to the current requirements. Supporters of this bill state that it is impractical to include the address for each location and that participation by directors will be adversely affected. For example, a director could not continue their participation if they moved to a different location for any reason. Also, if a director cannot participate, it may cause the meeting to be cancelled which adversely affects timely decision making by the advisory boards. AB 1976 Page 5 This bill was substantially amended in the Senate. This bill, as amended in the Senate, is inconsistent with the Assembly action, and provisions of this bill have not been heard in an Assembly Policy Committee. Analysis Prepared by: Victor Francovich / AGRI. / (916) 319-2084 FN: 0004785