BILL ANALYSIS �
SB 103
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Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
SB 103 (Liu) - As Amended: June 29, 2011
SENATE VOTE : 39-0
SUBJECT : State government: meetings
SUMMARY : Requires, upon the request of a member of a state
body, a state body to hold open or closed meeting by
teleconference, unless the chair of that state body determines
that it is more costly to hold the meeting by teleconference
than it would be to hold it in person. Specifically, this bill :
1) Provides that a member of a state body may request a
meeting by teleconference for any reason that would make it more
difficult or burdensome for that member to attend a meeting in
person.
2) Prohibits a member of a state body from requesting a
meeting by teleconference solely because it would be more
convenient than holding a meeting in person.
3) Requires a state body that operates an Internet Web site to
provide a supplemental live audio or video broadcast on the
Internet Web site of its board meetings that are open to the
public.
4) Specifies that a technical failure to provide a live
broadcast will not prohibit the body from meeting and taking
actions.
EXISTING LAW
1)Requires, generally, that 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)Provides for audio or audio and visual teleconference meetings
for the benefit of the public body.
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3)Requires that when a teleconference meeting is held that each
site from which a member of the body participates must be
accessible to the public.
4)Provides that all proceedings must be audible and votes must
be taken by rollcall.
FISCAL EFFECT : Unknown
COMMENTS :
Background: When the Legislature enacted the Bagley-Keene Act of
1967 it essentially said that when a body a sits down to develop
its consensus, there needs to be a seat at the table reserved
for the public. In doing so, the Legislature has provided the
public with the ability to monitor and be part of 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 decision-making process.
Video and teleconferencing are in widespread use throughout
state government. Under current law, the use of video
conferencing is authorized for a number of civil and criminal
court appearances. This technology allows for a reduction in
administration costs, transportation, security, and overtime
during inmate transfer to courthouses, increased safety to
correctional and court staff, and the reduction of escape risks.
Purpose of the bill : The bill would allow state organizations
to use teleconferencing when it is more cost effective than
travel. According to the author, agencies and departments
should conduct meetings electronically in efforts to save
resources and reduce costs. Video and teleconferencing are
green technologies that allow organizations to mitigate energy
use and reduce costs by dramatically reducing the need to
travel.
The author also states 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
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acquire. Today, web-cams cost as little as $30 and some laptops
come with them built-in.
Arguments in support: Sierra Club of California writes in
support of the bill stating that with relatively inexpensive
video and teleconferencing equipment available, and considering
the state's deficit, California cannot afford to continue
reimbursing gratuitous travel costs. Additionally,
transportation produces nearly 40 percent of the greenhouse gas
emissions in California. Moreover, SB 103 would increase
opportunities for public participation in agency decision-making
by requiring live audio or video of public meetings be posted
online.
Prior 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 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 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 various
changes to the Bagley-Knee Act by expanding the notice,
disclosure and reporting requirements for open and closed
meetings of state bodies.
REGISTERED SUPPORT / OPPOSITION :
SB 103
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Support
American Federation of State, County, and Municipal Employees,
AFL-CIO
Sierra Club California
Opposition
None on File
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531