Bill Text: CA SB103 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 103	AMENDED
	BILL TEXT

	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 require a state body that operates an Internet Web
 Site   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
 board   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) 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.

   (2) 
    (4)  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.
   (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
 board   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.