California Assembly Bill AB884 Amended / Bill

 BILL NUMBER: AB 884AMENDED BILL TEXT AMENDED IN SENATE JUNE 9, 2016 AMENDED IN SENATE JUNE 1, 2016 AMENDED IN ASSEMBLY MAY 5, 2015 AMENDED IN ASSEMBLY APRIL 22, 2015 AMENDED IN ASSEMBLY APRIL 6, 2015 INTRODUCED BY Assembly Member Gordon (Principal coauthor: Senator Wolk) FEBRUARY 26, 2015 An act to amend Section 10248 of, and to repeal and add Section 9026.5 of, the Government Code, relating to the Legislature, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 884, as amended, Gordon. Legislature: legislative proceeding: audiovisual recordings. Existing law prohibits a television signal generated by the Assembly from being used for any political or commercial purpose, including, but not limited to, any campaign for elective public office or any campaign supporting or opposing a ballot proposition submitted to the electors. Existing law provides that a person or organization who violates this prohibition is guilty of a misdemeanor. Existing law requires the Legislative Counsel, with the advice of the Assembly Committee on Rules and the Senate Committee on Rules, to make certain information available to the public in electronic form, including, among other things, the text of each bill introduced in each current legislative session, including each amended, enrolled, and chaptered form of each bill.  Existing law provides that no actions taken pursuant to these requirements alter or relinquish any copyright or other proprietary interest or entitlement of the State of California in the   information made available to the public.  This bill would repeal the prohibition against using Assembly-generated television signals for political or commercial purposes. The bill would require the Legislature to cause audiovisual recordings to be made of all open and public proceedings of each house of the Legislature and the  standing  committees thereof  , as specified  . The bill would require those recordings to be posted on the Internet by the Legislative Counsel within one business day after the proceeding being recorded has been recessed or adjourned for the day. The bill would require a  posted  recording  posted on the Internet  to be retrievable in a perceivable format for the duration of the biennial session in which the recording is made and the  biennial session   two biennial sessions  immediately following. The bill would require the Legislative Counsel to preserve and secure these recordings in an electronic form and store them in an archive  in a retrievable and perceivable format  for not less than 20 years. The bill would also authorize the televised or other audiovisual recordings of the public proceedings of each house of the Legislature and the  standing  committees thereof to be used  for any lawful purpose and   by the public  without the imposition of any fee due to the State or any public agency or public corporation thereof.  The bill would recast the provisions relating to state copyright and proprietary interests in information made publicly available by the Legislative Counsel and would instead provide that the information made available to the public, as specified, is within the public domain.  This bill would specify that it is contingent upon voter approval of a specified constitutional amendment at the November 8, 2016, statewide general election. This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 9026.5 of the Government Code is repealed. SEC. 2. Section 9026.5 is added to the Government Code, to read: 9026.5. (a) (1) Commencing on  January 1 of the second calendar year after this section is operative,   January 1, 2018,  the Legislature shall  cause audiovisual recordings to be made of all open and public proceedings of each house of the Legislature and the standing committees thereof.   do all of the following with respect to its open and public proceedings:   (A) Cause audiovisual recordings to be made of all floor sessions of each house of the Legislature, the committee proceedings thereof at which a vote is taken or other action is recorded, and the committee proceedings thereof held in the State Capitol Building regardless of whether a vote is taken or an action is recorded.   (B) Make reasonable efforts to cause audiovisual recordings to be made of all committee proceedings held outside of the State Capitol Building at which no vote is taken and no action is recorded.   (C) Make reasonable efforts to broadcast to the public, in real time, all proceedings of the Legislature and the committees thereof that are held in the State Capitol Building.  (2) The Legislative Counsel shall post all recordings made pursuant to subdivision (a) on the Internet within one business day after the proceeding being recording has been recessed or adjourned for the day.  Posted recordings   Recordings posted on the Internet  shall be retrievable in a perceivable format for public use for the duration of both the biennial session of the Legislature in which the recording is made and the  biennial session   two biennial sessions  immediately following. (3) The Legislative Counsel shall preserve and secure all recordings made pursuant to subdivision (a) in an electronic form and store them in an archive  in a ret   rievable and perceivable format  for not less than 20 years. Archived recordings shall be reasonably available for use by the  public in the medium in which the recording was originally made.   public   .  (b) Televised or other audiovisual recordings of the public proceedings of each house of the Legislature and the standing committees thereof may be used  for any lawful purpose and   by the public  without the imposition of any fee due to the state or any public agency or public corporation thereof. SEC. 3. Section 10248 of the Government Code is amended to read: 10248. (a) The Legislative Counsel shall, with the advice of the Assembly Committee on Rules and the Senate Committee on Rules, make all of the following information available to the public in electronic form: (1) The legislative calendar, the schedule of legislative committee hearings, a list of matters pending on the floors of both houses of the Legislature, and a list of the committees of the Legislature and their members. (2) The text of each bill introduced in each current legislative session, including each amended, enrolled, and chaptered form of each bill. (3) The bill history of each bill introduced and amended in each current legislative session. (4) The bill status of each bill introduced and amended in each current legislative session. (5) All bill analyses prepared by legislative committees in connection with each bill in each current legislative session. (6) All audiovisual recordings of legislative proceedings that  have been caused to be made by the Legislature   are required to be posted  in accordance with paragraph (2) of subdivision (a) of Section 9026.5. (7) All vote information concerning each bill in each current legislative session. (8) Any veto message concerning a bill in each current legislative session. (9) The California Codes. (10) The California Constitution. (11) All statutes enacted on or after January 1, 1993. (b) The information identified in subdivision (a) shall be made available to the public by means of access by way of the largest nonproprietary, nonprofit cooperative public computer network. The information shall be made available in one or more formats and by one or more means in order to provide the greatest feasible access to the general public in this state. Any person who accesses the information may access all or any part of the information. The information may also be made available by any other means of access that would facilitate public access to the information. The information that is maintained in the legislative information system that is operated and maintained by the Legislative Counsel shall be made available in the shortest feasible time after the information is available in the information system. The information that is not maintained in the information system shall be made available in the shortest feasible time after it is available to the Legislative Counsel. (c) Any documentation that describes the electronic digital formats of the information identified in subdivision (a) and is available to the public shall be made available by means of access by way of the computer network specified in subdivision (b). (d) Personal information concerning a person who accesses the information may be maintained only for the purpose of providing service to the person. (e) No fee or other charge may be imposed by the Legislative Counsel as a condition of accessing the information that is accessible by way of the computer network specified in subdivision (b). (f) The electronic public access provided by way of the computer network specified in subdivision (b) shall be in addition to other electronic or print distribution of the information.  (g) No action taken pursuant to this section shall be deemed to alter or relinquish any copyright or other proprietary interest or entitlement of the State of California relating to any of the information made available pursuant to this section.   (g) The information made available to the public pursuant to this section is within the public domain. SEC. 4. This act shall become operative only if Senate Constitutional Amendment No. 14 of the 2015-16 Regular Session is approved by the voters at the November 8, 2016, statewide general election. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: Because of the importance of ensuring public access to all legislative proceedings, it is necessary that this bill take effect immediately.