BILL ANALYSIS Ó SCA 14 Page 1 Date of Hearing: June 22, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SCA 14 (Wolk) - As Amended June 17, 2016 ----------------------------------------------------------------- |Policy | Rules |Vote:| 7-2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This measure proposes to amend the State Constitution to require video recordings of legislative proceedings and to require that the text of legislation be available on the Internet at least 72 hours prior to a vote on the bill in either house. Specifically, SCA 14 Page 2 this bill: 1)Requires both houses of the Legislature, commencing January 1, 2018, to do all of the following with respect to open and public proceedings: a) Produce video recordings of all floor sessions, all committee proceedings held in the State Capitol Building, and all other committee proceedings held outside the Capitol where a vote is taken or another action is recorded. b) Make reasonable efforts to: i) Produce video recordings of all committee proceedings held outside the Capitol where a vote is not taken or another action is not recorded. ii) Broadcast in real time all floor sessions and committee proceedings held in the Capitol. c) Provide all video recordings made per the above to the Legislative Counsel, who shall make the recordings promptly available to the public. These recordings must remain accessible to the public for at least 20 years. 2)Authorizes anyone who attends legislative proceedings to record and broadcast those proceedings, subject to reasonable restrictions, such as those necessary to ensure public safety and prevent disruption. SCA 14 Page 3 3)Stipulates that costs to implement (1) are not subject to existing Constitutional provisions limiting legislative expenditures, and requires the Legislature to make sufficient funds available to carry out these purposes. 4)Reduces, from 31 days to 16 days, the earliest time, following introduction of a bill, when the bill may be heard or acted upon by a committee of either house. 5)Prohibits any bill from being passed in either house until the form of the bill to be voted on has been published on the Internet at least 72 hours before the vote in that house. 6)Provides that the requirements in (5) may be waived with a two-thirds vote for any bill identified by the Governor as necessary to address a state of emergency declared by the Governor. 7)Stipulates that a bill failing to comply with the requirements of (5) shall not become law unless it received a waiver per (6). 8)Provides that, if another measure imposing similar requirements as this measure appears on the same statewide ballot, those provisions shall be deemed in conflict with this measure, and that if this measure receives a greater number of affirmative votes the other measure shall be null and void. FISCAL EFFECT: The following are the estimated costs (all General Fund) of the measure: SCA 14 Page 4 1)Initial one-time cost of around $2 million for infrastructure modifications and equipment. There will also be costs of up to $1 million every five years or so for equipment replacement, due to changes in technology, and for additional storage capacity. 2)Annual maintenance costs would average around $300,000. Unknown ongoing costs for additional staff, including travel expenses for proceedings outside the Capitol. 3)One-time printing costs of around $400,000 to include in the statewide voter information guide the text, analysis of, and arguments for and against the measure. COMMENTS: 1)Purpose. Historically, there have been many occasions when significant legislation has been voted upon and approved with little time for legislators, the press, and the public at large, to read, review, analyze, and comment on the merits of the bill. This measure, if approved by the voters, would provide the public more time to review legislation and express their views to their elected representatives on the merits of legislation, providing greater transparency and accountability to the legislative process, while still allowing for expedited action in case of an emergency. 2)Related Initiative. The "California Legislature Transparency Act (CLTA)," the proponents for which are Charles T. Munger, Jr. and former State Senator Sam Blakeslee, is currently pending signature verification. This initiative includes provisions similar to, though not exactly like, those in SCA SCA 14 Page 5 14. The initiative requires video recordings of all legislative proceedings, whether inside or outside the Capitol. On the other hand, the CLTA does not include the requirement in SCA 14 for broadcasting of all legislative proceedings held in the Capitol. In addition, the costs to comply with the initiative are to be accommodated within the Legislature's annual operating budget, as limited by Proposition 140 of 1990. The Legislative Analyst's Office has estimated one-time costs of $1 million to $2 million and ongoing costs of about $1 million to implement the initiative. 3)Related Legislation. AB 884 (Gordon), pending in the Senate, provides necessary statutory changes to implement SCA 14, and is contingent on voter approval of SCA 14. AB 884, in part: a) Repeals the prohibition against using Assembly-generated television signals for political or commercial purposes and instead authorizes the televised or other video 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. b) Requires video recordings of legislative proceedings, as required by SCA 14, to be posted on the Internet by the Legislative Counsel within one business day after such proceedings have been recessed or adjourned for the day. c) Requires recordings posted on the Internet to be retrievable in a perceivable format for public use for the duration of the biennial session in which the recording is made, and the two biennial sessions immediately following, and requires the Legislative Counsel to archive all recordings for at least 20 years. d) Recasts current provisions related to state copyright SCA 14 Page 6 and proprietary interests in information to be made publicly available in electronic form by the Legislative Counsel and instead provides that the information made available to the public is within the public domain. 4)Option for Initiative Withdrawal. Per SB 1253 (Steinberg), Chapter 697, Statutes of 2014, proponents of a statewide initiative, after filing petitions with elections officials, are now permitted to withdraw the measure at any time before the measure qualifies for the ballot (131 days prior to the election at which the measure will appear). The purpose of this option is to provide a mechanism for a proponent to remove a ballot initiative in the event the proponent comes to some form of negotiated resolution, such as an alternative passed by the Legislature. 5)Prior Legislation. SCA 10 (Wolk, of 2013), ACA 1 (Olsen, of 2015), SCA 3 (Morrell, of 2015), and SCA 10 (Huff, of 2015), which were all similar to this measure with respect to making bills available for a specified time period prior to consideration, were never heard in a policy committee. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081