BILL ANALYSIS �
Bill No: SB
103
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
SB 103 Author: Liu
As Amended: March 1, 2011
Hearing Date: April 12, 2011
Consultant: Art Terzakis
SUBJECT
State Government: meetings
DESCRIPTION
SB 103 makes the following substantive changes to
provisions of the Bagley-Keene Open Meeting Act relating to
teleconference meetings:
1. Deletes language from the Act that expressly does
not prohibit a state body from holding an open or
closed meeting by teleconference for the benefit of
the public and instead authorizes a state body, to the
extent practicable, to conduct teleconference meetings
for the benefit of the public and the body.
2. Provides that, upon the request of a member of a
state body, the body must hold an open or closed
meeting by teleconference, unless the Chair of the
body determines that it would be more costly to hold
the meeting by teleconference than it would be to hold
it in person.
3. Requires a state body that operates an Internet Web
Site to provide a supplemental live audio or video
web-broadcast of each of its meetings that are open to
the public.
4. Stipulates that if a technical failure prevents the
body from providing a live web-broadcast, that failure
shall not constitute a violation of the Act if the
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body exercised reasonable diligence in providing the
live broadcast.
5. Also, stipulates that failure to provide a live
broadcast due to a technical failure shall not
prohibit the body from meeting and taking actions as
otherwise provided by law.
EXISTING LAW
The Bagley-Keene Open Meeting Act, set forth in Government
Code Sections 11120-11132, covers all state boards and
commissions and generally requires these bodies to publicly
notice their meetings, prepare agendas, accept public
testimony and conduct their meetings in public unless
specifically authorized by the Act to meet in closed
session.
The Act provides for audio or audio and visual
teleconference meetings for the benefit of the public body
(Government Code Section 11123). When a teleconference
meeting is held, each site from which a member of the body
participates must be accessible to the public. �Hence, a
member cannot participate from his or her car, using a car
phone or from his or her home, unless the home is open to
the public for the duration of the meeting.] All
proceedings must be audible and votes must be taken by
rollcall. All other provisions of the Act also apply to
teleconference meetings. Government Code Section 11123
does not prevent the body from providing additional
locations from which the public may observe the proceedings
or address the state body by electronic means.
BACKGROUND
When the Legislature enacted the Bagley-Keene Act it
essentially said that when a state body sits down to
develop its consensus, there needs to be a seat at the
table reserved for the public. By reserving this place for
the public, the Legislature has provided the public with
the ability to monitor and participate in the
decision-making process. If the body were permitted to
meet in secret, the public's role in the decision-making
process would be negated. Therefore, absent a specific
reason to keep the public out of the meeting, the public
should be allowed to monitor and participate in the
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decision-making process.
Purpose of SB 103: The author's office contends that
broadcasting meetings of state bodies on the web is a cost
effective way to bring sunshine and openness to government.
This measure would require a state body, upon the request
of a member of the body, to hold an open or closed meeting
by teleconference, unless the Chair of the body determines
that it would be more costly to hold the meeting by
teleconference than it would be to hold it in person.
The author's office points out that video and
teleconferencing are green technologies that enable
organizations to mitigate energy use and reduce costs by
dramatically decreasing the need to travel. Additionally,
video and teleconferencing lower associated costs such as
lodging, car rentals, and meals, parking expenses and
related bridge and road tolls.
The author's office also notes that technology has made
videoconferencing cheaper and easier. In the 1970's, color
television cameras were the size of file cabinets, required
studio lighting, and cost between $50,000 and $100,000 to
acquire. Today, web-cams cost as little as $30 and some
laptops come with them built-in.
Video and teleconferencing are in widespread use throughout
state government. Current law authorizes the use of video
conferencing for a number of civil and criminal court
appearances including the arraignment process. This
technology allows for a reduction in costs for
administration, transportation, security, and overtime
during inmate transfer to courthouses, increased safety to
correctional and court staff, and the reduction of escape
risks.
Staff Comment: The following technical amendment is
needed: Page 4, line 4, strike "board" and insert the word
"body."
PRIOR/RELATED LEGISLATION
SB 962 (Liu) Chapter 482, Statutes of 2010. Allowed the
use of videoconferencing and teleconferencing at the
court's discretion and subject to availability for
prisoners to participate in court proceedings for the
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termination of their parental rights or the court-ordered
dependency petition of their child.
SB 519 (Committee on Governmental Organization) Chapter 92,
Statutes of 2007. Amended the Bagley-Keene Act to
authorize the calling of a special meeting to provide for
an interim executive officer of a state body upon the
death, incapacity, or vacancy in the office of the
executive officer.
AB 277 (Mountjoy) Chapter 288, Statutes of 2005. Made
permanent certain provisions authorizing closed sessions
for purposes of discussing security related issues
pertaining to a state body.
AB 192 (Canciamilla) Chapter 243, Statutes of 2001. Made
various changes to the Bagley-Keene Open Meeting Act, which
governs meetings held by state bodies, to make it
consistent with provisions of the Ralph M. Brown Act, which
governs meetings of legislative bodies of local agencies.
SB 95 (Ayala) Chapter 949, Statutes of 1997. Made numerous
changes to the Bagley-Keene Act by expanding the notice,
disclosure and reporting requirements for open and closed
meetings of state bodies.
SB 752 (Kopp) Chapter 32 of 1994; SB 1140 (Calderon)
Chapter 1138 of 1993; and SB 36 (Kopp) Chapter 1137 of
1993. These measures extensively amended the Ralph M.
Brown Act.
SUPPORT:
American Federation of State, County and Municipal
Employees
OPPOSE: None on file as of April 8, 2011.
FISCAL COMMITTEE: Senate Appropriations Committee
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