BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 1723
AUTHOR: Fuentes
AMENDED: May 1, 2012
FISCAL COMM: Yes HEARING DATE: June 20, 2012
URGENCY: No CONSULTANT: Kathleen
Chavira
SUBJECT : Postsecondary education: live video and audio
transmission of
meetings.
SUMMARY
This bill expands the requirements to be met by the Board
of Governors of the California Community Colleges (CCC),
the Trustees of the California State University (CSU), the
California Postsecondary Education Commission (CPEC), and
the California Student Aid Commission (CSAC), as well as
EdFund, regarding live broadcasts of their public meetings
to include live video transmissions, deletes the option to
use "over-the-air" transmissions for this purpose, and
requests the University of California (UC) to comply with
these provisions.
BACKGROUND
Current law requires the boards of the public segments of
higher education and the CPEC and CSAC (and affiliated)
auxiliaries to conduct meetings in public pursuant to the
Bagley-Keene Open Meeting Act, although that act allows
these entities to meet in closed session in order to
consider such things as pending litigation or the
appointment, evaluation or dismissal of a public employee.
Current law also requires that broadcasting,
audio-recording or video-recording must be allowed so long
as it does not disrupt the meeting. (Government Code
�11120-11132)
Current law also requires the Board of Governors of the
California Community Colleges (CCC), the Trustees of the
California State University (CSU), the California
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Postsecondary Education Commission (CPEC), and the
California Student Aid Commission (CSAC), as well as
EdFund, and requests the University of California (UC), to
make a live audio broadcast of each of its open public
meetings available on the internet through a technology
accessible to as large a segment of the population as
possible using cable, satellite, over-the-air, or other
type of transmission that can be accessed via television,
or via webcast. (Education Code �66020.5)
ANALYSIS
This bill expands the requirements to be met by the Board
of Governors of the CCC, the CSU Trustees, the CPEC, and
the Student Aid Commission (including any of its auxiliary
organizations) regarding live broadcasts of their public
meetings:
1) Expands current law requirements beyond live audio
broadcast of open meetings to additionally require
live video transmissions.
2) Deletes "over-the-air" technology as an option for
live video transmission of these meetings.
3) Requires that the specified entities archive and post
video and audio transmission on their respective
websites within 48 hours and for at least 12 months
following the initial transmission.
4) Requests that the UC Regents comply with these
provisions.
5) Exempts the California Student Aid Commission, and any
of its auxiliary organizations, from the requirement
for live video transmissions.
STAFF COMMENTS
1) Need for the bill . This bill changes existing law to
ensure that new technology is utilized for the purpose
of increasing transparency and accountability in
California's higher education system. According to the
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author, using "over-the-air" transmission has hazed
transparency and hinders accountability. The author is
particularly concerned with the California State
University, and contends that this bill would ensure
that the Board of Trustees join the countless number
of organizations that already webcast or televise
their meetings.
2) Consistent with state policy . In 2006, the Governor
issued Executive Order S-23-06 calling for expanded
use of broadband networks and advanced communication
services to enhance government operations. Among
other things, the Governor directed that "the
Department of General Services and the Department of
Technology Services facilitate State use of streaming
video technologies to broadcast public meetings over
the Internet."
3) Other state agencies ? Currently, several boards,
agencies and local governments televise and/or webcast
their meetings including the Legislature, Cal EPA, the
State Board of Education, the State Allocation Board
and the Board of Governors of the California Community
Colleges.
4) Why exempt CSAC ? The goal of this bill is to enhance
transparency and accountability of our higher
education system. The Student Aid Commission is the
principal state agency responsible for administering
financial aid programs for students attending public
and private universities, colleges, and vocational
schools in California. In February and April of 2012,
the CSAC held "hearings" on on-line education, and
regularly considers policies and regulations governing
access to financial aid programs for students and
institutions. Shouldn't these important policy
discussions be subject to the same level of
transparency and accountability as that expected of
other higher education segments and public agencies?
It is unclear why the Student Aid Commission should be
exempted from the requirement for live video
transmission of its public meetings. Staff recommends
the bill be amended to eliminate the exemption of the
California Student Aid Commission from live video
transmission requirements.
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5) Prior legislation .
AB 1436 (Portantino, Chapter 233, Statutes of 2010)
required the Board of Governors CCC, the CSU Trustees,
the CPEC, and the CSAC, as well as EdFund, and
requested the UC, to make a live audio broadcast of
each of its open public meetings available on the
internet, as specified.
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.
SUPPORT
California Faculty Association
California Labor Federation
California Newspaper Publishers Association
California Student Aid Commission
Lieutenant Governor, Gavin Newsom
OPPOSITION
None received.