Bill Text: CA SB103 | 2011-2012 | Regular Session | Amended
Bill Title: State government: meetings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-08-25 - Set, second hearing. Held in committee and under submission. [SB103 Detail]
Download: California-2011-SB103-Amended.html
BILL NUMBER: SB 103 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 12, 2011
AMENDED IN ASSEMBLY JUNE 29, 2011
AMENDED IN ASSEMBLY JUNE 14, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE MARCH 1, 2011
INTRODUCED BY Senator Liu
JANUARY 12, 2011
An act to amend Section 11123 of the Government Code, relating to
state government.
LEGISLATIVE COUNSEL'S DIGEST
SB 103, as amended, Liu. State government: meetings.
Existing law authorizes a state body to conduct teleconference
meetings.
This bill would authorize a state body, to the extent practicable,
to conduct teleconference meetings.
This bill would require, upon the request of a member of a state
body, a state body to hold an open or closed meeting by
teleconference, unless the chair of that state body determines that
it would be more costly to hold the meeting by teleconference than it
would be to hold it in person. This bill would prohibit 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.
This bill would require 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,
and would specify that a technical failure to provide a live
broadcast would not prohibit the body from meeting and taking
actions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) That teleconferencing is a green technology, allowing
organizations to mitigate energy use by dramatically reducing the
need to travel.
(b) By communicating over video or telephone, organizations can
also substantially reduce their carbon footprint by reducing the need
to travel via high-emission methods, such as flying or driving.
(c) Teleconferencing saves money by reducing the number of trips
taken annually, and this monetary savings is multiplied by the cost
of transportation to and from the airport, the flight, per diem
expenses, salary of time lost in traveling, and other incidental
expenses of travel.
(d) The amount saved by teleconferencing greatly exceeds the
minimal cost of investing and implementing teleconferencing
solutions, such as the cost for new equipment, services, and
training.
(e) Therefore, it is the intent of the Legislature that state
bodies, to the extent possible, conduct teleconference meetings in
order to save the environment and save the state money.
SEC. 2. Section 11123 of the Government Code is amended to read:
11123. (a) All meetings of a state body shall be open and public
and all persons shall be permitted to attend any meeting of a state
body except as otherwise provided in this article.
(b) (1) A state body may, to the extent practicable, hold an open
or closed meeting by teleconference for the benefit of the public and
the state body.
(2) Upon the request of a member of a state body, the state body
shall hold an open or closed meeting by teleconference, unless the
chair of the state body determines that it would be more costly to
hold the meeting by teleconference than it would be to hold it in
person.
(3) A member of a state body shall not request a meeting by
teleconference solely because it would be more convenient than
holding a meeting in person.
(4) The meeting or proceeding held by teleconference pursuant to
this subdivision shall otherwise comply with all applicable
requirements or laws relating to a specific type of meeting or
proceeding, including all of the following:
(A) The teleconferencing meeting shall comply with all
requirements of this article applicable to other meetings.
(B) The portion of the teleconferenced meeting that is required to
be open to the public shall be audible to the public at the location
specified in the notice of the meeting.
(C) If the state body elects to conduct a meeting or proceeding by
teleconference, it shall post agendas at all teleconference
locations and conduct teleconference meetings in a manner that
protects the rights of any party or member of the public appearing
before the state body. Each teleconference location shall be
identified in the notice and agenda of the meeting or proceeding, and
each teleconference location shall be accessible to the public. The
agenda shall provide an opportunity for members of the public to
address the state body directly pursuant to Section 11125.7 at each
teleconference location.
(D) All votes taken during a teleconferenced meeting shall be by
rollcall.
(E) The portion of the teleconferenced meeting that is closed to
the public may not include the consideration of any agenda item being
heard pursuant to Section 11125.5.
(F) At least one member of the state body shall be physically
present at the location specified in the notice of the meeting.
(5) For the purposes of this subdivision, "teleconference" means a
meeting of a state body, the members of which are at different
locations, connected by electronic means, through either audio or
both audio and video. This section does not prohibit a state body
from providing members of the public with additional locations in
which the public may observe or address the state body by electronic
means, through either audio or both audio and video.
(c) (1) If a state body operates an Internet Web site, the state
body shall, subject to all otherwise applicable requirements of this
article, provide a supplemental live audio or video broadcast on its
Internet Web site of each of its meetings that are open to the
public. The state body shall provide information on how to
access the live audio or video broadcast in a convenient location on
its Internet Web site.
(2) If a technical failure prevents the body from providing a live
broadcast on its Internet Web site pursuant to this subdivision,
that failure shall not constitute a violation of this section if the
body exercised reasonable diligence in providing the live broadcast.
(3) 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.
