Bill Text: CA AB185 | 2013-2014 | Regular Session | Amended
Bill Title: Open and public meetings: televised meetings.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB185 Detail]
Download: California-2013-AB185-Amended.html
BILL NUMBER: AB 185 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2013
AMENDED IN ASSEMBLY APRIL 17, 2013
AMENDED IN ASSEMBLY APRIL 2, 2013
AMENDED IN ASSEMBLY MARCH 11, 2013
INTRODUCED BY Assembly Member Roger Hern�ndez
JANUARY 28, 2013
An act to amend Section 54953.5 of the Government Code, relating
to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 185, as amended, Roger Hern�ndez. Open and public meetings:
televised meetings.
The Ralph M. Brown Act requires that an audio or video recording
of an open and public meeting made at the direction of a local agency
is subject to inspection pursuant to the California Public Records
Act and may be erased or destroyed 30 days after the recording.
Existing law requires that any inspection of an audio or video
recording shall be provided without charge on equipment made
available by the local agency.
The Digital Infrastructure and Video Competition Act of 2006
provides that cities, counties, cities and counties, or joint powers
authorities receive state franchise fees in exchange for the use of
public rights-of-way for the delivery of cable and video services
provided within their jurisdictions, based on gross revenues,
pursuant to a specified formula, from state franchise holders that
provide public, educational, and governmental access (PEG) channels.
The bill would provide that an audio or video recording of an open
and public meeting made at the direction of a local agency may be
erased or destroyed 2 years after the recording.
The bill would require a local agency that collects a franchise
fee from the holder of a state franchise that provides PEG channels
to televise the open and public meetings of its legislative body and
planning commission, and, if it is financially feasible, to
televise the open and public meetings of any of its advisory
committees unless the local agency can prove a financial hardship,
unless doing so would result in a financial hardship,
as defined, in which case the local agency would be required to
broadcast the meetings via an audio-visual electronic medium or an
audi o medium, as specified. The bill would also
authorize the use of the franchise fees to televise the open and
public meetings of the local agency and to cover the necessary
expenses, as defined, for implementing the televising of the local
agency's open and public meetings. The bill would authorize, if
franchise fee moneys in excess of that necessary to televise these
meetings are available, the use of such fees to provide live
streaming of these meetings on the Internet.
By imposing new duties on local public officials to televise open
and public meetings, the bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) There have been over 50 public access channel closures in
California municipalities. Seven of those municipalities are found
within the boundaries of the 48th Assembly District.
(b) Unfortunately, many local governments are not utilizing
General Fund moneys or franchise fees for support, in addition to
public, educational, and governmental access (PEG) channel funds, for
the operation of public access television. Not televising open
meetings or providing public access television is a threat to
accessing public information in a readily available medium.
(c) PEG channels permit schools, governments, individuals, and
groups to provide and receive information about local events,
emergencies, and issues. PEG channels encourage the creation of local
programming not only by local municipalities but by civic groups and
nonprofits to promote localism and civic engagement.
SEC. 2. Section 54953.5 of the Government Code is amended to read:
54953.5. (a) A person attending an open and public meeting of a
legislative body of a local agency shall have the right to record the
proceedings with an audio or video recorder or a still or motion
picture camera in the absence of a reasonable finding by the
legislative body of the local agency that the recording cannot
continue without noise, illumination, or obstruction of view that
constitutes, or would constitute, a persistent disruption of the
proceedings.
(b) An audio or video recording of an open and public meeting made
at the direction of the local agency shall be subject to inspection
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), but,
notwithstanding Section 34090, may be erased or destroyed two years
after the recording. An inspection of an audio or video recording
shall be provided without charge on equipment made available by the
local agency.
(c) (1) A local agency that collects a franchise fee adopted
pursuant to paragraph (1) of subdivision (q) of Section 5840 of the
Public Utilities Code from the holder of a state franchise that
provides public, educational, and governmental access (PEG) channels
shall televise the open and public meetings of its legislative body
and planning commission unless the local agency can prove a
financial hardship. As used in this paragraph, "financial hardship"
means that the cost of broadcasting is greater than the amount of
franchise fees collected annually. If it is financially feasible to
do so, it shall also televise the open and public meetings of its
advisory committees that are governed by this chapter .
(A) If a local agency has received bids from private entities and
at least one nonprofit organization for televising the open and
public meetings of its legislative body and planning commission and
accepting the lowest bid would result in financial hardship, the
local agency shall use another audio-visual electronic medium, such
as online streaming video, to broadcast the open and public meetings
of its legislative body and planning commission.
(B) If, due to additional demonstrable hardship, it is not
feasible for a local agency to broadcast the open and public meetings
of its legislative body and planning commission via an audio-visual
electronic medium, the local agency shall broadcast the meetings via
an audio medium.
(2) The Legislature strongly encourages local agencies to partner
with nonprofit organizations, institutes of higher learning, school
districts, and other outside organizations in their efforts to comply
with paragraph (1).
(2)
(3) A local agency may utilize any portion of franchise
fees collected from the holder of a state franchise pursuant to
subdivision (q) of Section 5840 of the Public Utilities Code to
televise the open and public meetings of the local agency, including,
but not limited to, any necessary expenses for implementing the
televising of the local agency's open and public meetings.
(3)
(4) If there are franchise fee moneys available in
excess of the amount necessary to televise open and public meetings
as required under paragraph (1), the local agency may use that money
to fund live streaming of its open and public meetings on the
Internet.
(5) As used in this subdivision, "financial hardship" means that
the cost of broadcasting the open and public meetings of the
legislative body and planning commission is greater than the amount
of franchise fees collected annually.
(4)
(6) As used in this subdivision, "necessary expenses"
includes, but is not limited to, the hiring of personnel, the
purchase and maintenance of equipment, or the rental or leasing of
production facilities.
SEC. 3. No reimbursement is required by this act under Section 6
of Article XIII B of the California Constitution because the only
costs that may be incurred by a local agency or school district under
this act are the costs of complying with Chapter 9 (commencing with
Section 54950) of Part 1 of Division 3 of Title 5 of the Government
Code and subdivision (c) of Section 36 of Article XIII of the
California Constitution provides that costs of this type are not
reimbursable.
