BILL ANALYSIS �
AB 1723
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Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 1723 (Fuentes) - As Amended: April 10, 2012
SUBJECT : Postsecondary education institutions: meetings: live
video and audio transmissions
SUMMARY : Requires public higher education entities, as
specified, to provide for live video transmissions and to
archive and post the video and audio transmission on the
entity's Internet web site for at least 12 months following the
initial transmission. Specifically, this bill :
1)Requires the Board of Governors of the California Community
Colleges (CCC), the Trustees of the California State
University (CSU), the California Postsecondary Education
Commission (CPEC), the California Student Aid Commission
(CSAC), and any auxiliary organization to make available on
the Internet a live video broadcast of each of its meetings
that are open to the public.
2)Requires these entities to archive and post on their Internet
website the video and audio transmissions of these meetings
for at least 12 months following the initial transmission.
3)Requests the Regents of the University of California (UC)
comply with these provisions.
4)Removes over-the-air transmissions from the list of
transmissions that be accessed through a television.
EXISTING LAW
1)Requires, generally, that all state boards and commissions
publicly notice their meetings, prepare agendas, accept public
testimony, and conduct their meetings in public unless
authorized by the Bagley-Keene Open Meeting Act to meet in
closed session.
2)Requires public higher education institutions, as specified,
to provide for live audio transmission for each of its
meetings and hearings that are open to the public through a
technology that is accessible to as large a segment of the
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public as possible.
3)Requires the State Board of Education and the State Allocation
Board to provide for live video and audio transmission of all
meetings and hearings that are open to the public through a
technology that is accessible to as large a segment of the
public as possible.
4)Provides that a technical failure that prevents an entity from
providing a live audio transmission, so long as the entity
exercised reasonable diligence, is not a violation.
FISCAL EFFECT : Unknown
COMMENTS :
Background : Public higher education entities are required to
provide for live audio access to their open meetings. When the
implementing legislation was considered in 2010, video streaming
was not included in order to limit the costs to the institutions
during a time of budget cuts.
The higher education institutions included in this bill, do not
archive or post audio or video transmissions, as applicable.
While the Department of General Services requires boards
maintain a records retention policy, it does not appear to
require that previous transmissions be archived and posted. Some
state entities, including the State Board of Education and the
State Allocation Board, and the Legislature archive and post
previous transmissions. Many do not.
Purpose of the Bill : According to the author, this bill will
increase transparency in California's public higher education
system. In addition, by deleting the over-the-air transmission
provision in existing law and instead utilizing the advances in
technology to provide broad access to accurate, real-time
televised or webcast transmission of board meetings for the
respective three segments, the University of California,
California State University and the California Community
Colleges.
Arguments in Support: The California Faculty Association (CFA)
states that, "public higher education has become increasingly
unaffordable to many Californians, therefore Californians cannot
afford to be left in the dark on the decisions that impact their
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education system. Currently, several boards, agencies and local
governments televise and/or webcast their meetings, including
the Legislature, CalEPA, California Board of Education, State
Allocation Board and the California Board of Governors, and
California's higher education system should do the same."
Suggested amendments : Staff recommends the following amendments:
1)Page 2, line 24: Archive and post the video and audio
transmission recorded pursuant to paragraph (1) on the
entity's Internet Web site for at least 12 months and within
48 hours following the initial transmission.
2)Page 2, lines 26-29: It is not a violation of this section if
technical failures prevent an entity from providing a live
video or audio transmission or archiving and posting the video
and audio transmission so long as the entity exercised
reasonable diligence in making a live video or audio
transmission available and exercised reasonable diligence in
archiving and posting the video and audio transmission. .
Prior Legislation :
AB 1436 (Portantino), Chapter 233, Statutes of 2010. Required
public higher education entities, as specified, to provide for
live audio transmission for each of its meetings and hearings
that are open to the public through a technology that is
accessible to as large a segment of the public as possible.
SB 312 (Romero), Chapter 179, Statutes of 2009. Required the
State Board of Education and the State Allocation Board to
provide for live video and audio transmission of all meetings
and hearings that are open to the public through a technology
that is accessible to as large a segment of the public as
possible.
REGISTERED SUPPORT / OPPOSITION :
Support
California Faculty Association (Sponsor)
California Broadcasters Association
California Labor Federation
California State University Employees Union
Gavin Newsom, Lieutenant Governor
AB 1723
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Opposition
None on file
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531