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SB-701 California State University: open meetings: teleconferences: protection of personal information.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
SB701:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 701


Introduced by Committee on Education (Senators Leyva (Chair), Cortese, Dahle, Glazer, McGuire, Ochoa Bogh, and Pan)

February 19, 2021


An act to amend Section 89305.1 of the Education Code, relating to public postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


SB 701, as introduced, Committee on Education. California State University: open meetings: teleconferences: protection of personal information.
Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.
Existing law, the Gloria Romero Open Meetings Act of 2000, generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. If the legislative body elects to use teleconferencing, the act requires the legislative body to post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body. The act requires each teleconference location to be identified in the notice and agenda of the meeting or proceedings and be accessible to the public. The act provides that each member of a legislative body who attends a meeting of that legislative body where an action is taken in violation of any provision of the act, with knowledge that the meeting is in violation of a provision of the act, is guilty of a misdemeanor.
This bill would limit the requirement that each teleconference location be identified in the notice and agenda of the meeting or proceedings and be accessible to the public to those teleconference locations that are in a public place. The bill would expressly prohibit a student’s personal information and location from being disclosed when the student teleconferences from a private residence.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 89305.1 of the Education Code is amended to read:

89305.1.
 (a) A legislative body of a student body organization shall conduct its business in public meetings. All meetings of the legislative body shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body, except as otherwise provided in this article.
(b) (1) As used in this article:
(A) “Legislative body” means any or all of the following:
(i) The governing body of any entity formed or operating pursuant to Section 89300.
(ii) The governing body of any statewide student organization that represents either the students of the California State University students or the governing bodies of the student body organizations of the campuses of the California State University, University campuses, or both.
(iii) A commission, committee, board, subboard, or other body, whether permanent or temporary, created by charter, resolution, or formal action of a legislative body described in clause (i) or (ii). However, an advisory committee is not a legislative body, except that a standing committee of a legislative body, irrespective of its composition, that has a continuing subject matter jurisdiction, or a meeting schedule established by charter, resolution, or formal action of a legislative body is a legislative body for purposes of this article.
(B) “Meeting” includes any congregation of a majority of the membership of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body to which it pertains. “Meeting” does not include, and nothing in this section imposes this section does not impose the requirements of this article upon, any of the following:
(i) Individual contacts or conversations between a member of a legislative body and any other person.
(ii) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to higher education of the type represented by the legislative body, provided that body if a majority of the members do not discuss among themselves, other than as a part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the legislative body. Nothing in this This clause is not intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.
(iii) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body or entity created or formed by the legislative body, provided that body if a majority of the members do not discuss among themselves, other than as a part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body.
(iv) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that occasion if a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body.
(2) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(c) (1) Notwithstanding any other provision of law, the legislative body may use teleconferencing for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body. Each teleconference location that is in a public place shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall proceeding and be accessible to the public. The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 89306 at each teleconference location. A student’s personal information and location shall not be disclosed when the student teleconferences from a private residence.
(d) Nothing in this This section shall not prohibit a student body organization from providing the public with additional teleconference locations.
(e) No Alegislative body shall not take action action, preliminary or final, by secret ballot, whether preliminary or final. ballot.