BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1723|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1723
Author: Fuentes (D), et al.
Amended: 8/22/12 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 6/20/12
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu,
Price, Simitian, Vargas
NO VOTE RECORDED: Runner, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 77-0, 5/29/12 - See last page for vote
SUBJECT : Postsecondary educational: live video and
audio
transmission of meetings
SOURCE : Author
DIGEST : 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), 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
CONTINUED
AB 1723
Page
2
comply with these provisions.
Senate Floor Amendments of 8/22/12 delete the California
Postsecondary Commission from the bill.
ANALYSIS : Existing law requires the boards of the public
segments of higher education and CSAC (and affiliated)
auxiliaries to conduct meetings in public pursuant to the
Bagley-Keene Open Meeting Act (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.
Existing law also requires that broadcasting,
audio-recording or video-recording must be allowed so long
as it does not disrupt the meeting.
Existing law also requires the Board of Governors of the
CCC, the Trustees of the CSU, and CSAC, as well as EdFund,
and requests the 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.
This bill expands the requirements to be met by the Board
of Governors of the CCC, the CSU Trustees, and the Student
Aid Commission (including any of its auxiliary
organizations) regarding live broadcasts of their public
meetings:
1. Expands Existing 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.
CONTINUED
AB 1723
Page
3
4. Requests that the UC Regents comply with these
provisions.
Comments
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."
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 CCC.
Prior Legislation
AB 1436 (Portantino), Chapter 233, Statutes of 2010,
requires the CCC Board of Governors, the CSU Trustees,
CPEC, and CSAC, as well as EdFund, and requests 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, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, the
requirements of this bill will result in varying costs by
segment and agency, because they differ in current practice
and access to appropriate technology.
CCC: No additional costs; the CCC Board of Governors
CONTINUED
AB 1723
Page
4
currently complies with the requirements of this bill.
CSU: $550,000 in one-time costs to bring facility
infrastructure and equipment up to a level capable of
providing live video transmissions, and minor ongoing
costs to store video on-line.
UC: $78,000 - $123,000 in initial equipment and
contracting expenses, and $49,000-$110,000 in ongoing
costs.
CSAC: $53,600 in initial contracting costs, and $35,200
in ongoing costs.
SUPPORT : (Verified 8/22/12)
Lieutenant Governor, Gavin Newsom
California Faculty Association
California Labor Federation
California Newspaper Publishers Association
California Student Aid Commission
ARGUMENTS IN SUPPORT : 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 author's office,
using "over-the-air" transmission has hazed transparency
and hinders accountability. The author's office is
particularly concerned with the CSU, and contends that this
bill ensures that the Board of Trustees join the countless
number of organizations that already webcast or televise
their meetings.
ASSEMBLY FLOOR : 77-0, 5/29/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Harkey, Hayashi, Roger Hern�ndez,
Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight,
Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
CONTINUED
AB 1723
Page
5
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Cedillo, Fletcher, Hall
PQ:d 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED