BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   June 22, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SCA 14  
          (Wolk) - As Amended June 17, 2016


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          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,  








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          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.










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          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:








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          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  








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            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  








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               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