HomeMy WebLinkAboutAB 185.~. ~ ' ~ =
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their decisions. If your county is already doing this, I would like to commend you on your
connmitment to transparency and a truly public government process.
If you have additional questions, please feel free to contact Cheye-Ann Corona at my Capitol
Office at {91b) 319-2048.
Again, thank you for contacting my office to express your concerns about AB 185.
Respectably yours,
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ROGER HERNANDEZ
Chair, Committee on Labor and Employment
Assemblymember, 48`x' District
Enclosed: Rssembly Bi11185
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AMENDED IN ASSEMBLY APRIL 2, 2013
AMENDED IN ASSEMBLY MARCH 11, 2013
CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSCON
ASSEMBLY BILL
No. 185
introduced by Assembly Member Roger Hernandez
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 Hernandez. Open and public meetings:
televised meetings.
(1) The Ralph M. Brown Act requires that an audio ox video recording
of an open and public nrleeting 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 he
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 grass revenues, pursuant to a
specified formula, froxl~ state franchise holders that provide public,
educational, and governmental access (PEG) channels.
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 fallowing:
3 (a) There have been over 50 public access channel closures in
4 California municipalities. Seven of those municipalities are found
5 within the boundaries of the 48th Assembly District.
6 (b) Unfortunately, many local governments are not utilizing
7 General Fund moneys or franchise fees for support, in addition to
$ public, educational, and governmental access (PEG) channel funds,
9 for the operation of public access television. Not televising open
10 meetings ar providing public access television is a threat to
1 l accessing public information in a readily available medium.
12 (c} PEG channels permit schools, governments, individuals,
13 and groups to provide and receive information about local events,
14 exxaergencies, and issues. PEG channels encourage the creation of
15 local programming not only by local municipalities but by civic
16 groups and nonprofits to promote localism and civic engagement.
17 SEC. 2. Section 54953.5 of the Government Code is amended
18 to read:
19 54953.5. (a) A person attending an open and public meeting
20 of a legislative body of a local agency shall have the right to record
21 the proceedings with an audio ar video recorder or a still or motion
22 picture camera in the absence of a reasonable finding by the
23 legislative body of the local agency that the recording cannot
24 continue without noise, illumination, or obstruction of view that
25 constitutes, or would constitute, a persistent disruption of the
26 proceedings.
27 (b) An audio ar video recording of an open and public meeting
28 made at the direction of the local agency shall be subject to
29 inspection pursuant to the California Public Retards Act (Chapter
30 3.5 (commencing with Section 6250) of Division 7 ofTitle 1), but,
31 notwithstanding Section 34090, may be erased or destroyed two
32 years after the recording. An inspection of an audio or video
33 recording shall be provided without charge on equipment made
34 available by the local agency.
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1 under this act are the costs of complying with Chapter 9
2 (commencing with Section 54950) of Part 1 of Division 3 of Title
3 S of the Gover°nment Code and subdivision (c) of Section 36 of
4 Article X117` of the California Constitution provides that costs of
5 this type are nat reimbursable.
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