HB 392: AUDIO & VIDEO STREAM OF PUBLIC BODY MEETINGS

An Act Relating To Open Government; Requiring Live Video And Audio Transmission Via The Internet Of Meetings Of Public Entities Conducting Public Business; Requiring Copies Of Transmissions To Be Retained As Public Records.

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MOD HB 392
AUDIO & VIDEO STREAM OF PUBLIC BODY MEETINGS

Legislative URL:

HB 392 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

HJC

Action:

[9] HGEIC/HJC/HAFC-HGEIC [29] DNP-CS/w/o rec-HJC API.

Issue(s):

General Interest

Related Legislators

Bill Sponsor:

Kelly Fajardo

Related Documents

Downloads:

Introduced
HGEIC Committee Report
HGEIC Committee Substitute
Fiscal Impact Report

Summary

Beginning January 1, 2016, this bill requires that policymaking bodies such as boards, commissions and administrative adjudicatory bodies conducting a public meeting must provide for live video and audio transmission (“transmissions”) of that public meeting via an internet web site that is available to the public without cost or subscription. The site’s URL must be provided in the notice of the public meeting required by the Open Meetings Act.

The bill allows the Department of Information Technology to determine in some cases that providing live audio and video transmission is technically or logistically impracticable. The body will be exempt from providing a transmission if that determination is made.

The policymaking body must also produce an exact copy of the transmission by electronic media.

The requirements do not apply to a policymaking body of:

(1)      a municipality with a population of less than 15,000;

(2)      a county other than a class A county; or

(3)      a political subdivision of the state other than a county or municipality.

These requirements do apply to the Legislature as well, though in that case it is the Legislative Council Service that may make a determination of technical or logistical impracticability.

The House Government, Elections and Indian Affairs Committee Substitute for House Bill 392 requires that, beginning January 1, 2016, policymaking bodies such as boards, commissions and administrative adjudicatory bodies conducting a public meeting must provide for live video and audio transmission (“transmissions”) of that public meeting via the Internet. If the presiding officer of the policymaking body determines that providing live audio and video transmission is financially, technically or logistically impracticable, the body will be exempt from providing a transmission.

However, a policymaking body must take reasonable and necessary actions to schedule its public meetings at times and places where live video and audio transmission of the meetings can occur.

Live video and audio transmission of a public meeting, or live audio transmission of a public meeting must be archived, and the archive will be a public record.

The substitute then contradicts itself by specifying (page 5, lines 6-8) that that the provisions above ” do not apply to any board, commission, administrative adjudicatory body or other policymaking body.”

The Department of Information Technology (DoIT) is required to develop, operate and maintain an Internet web site that is part of or linked to the Sunshine Portal and that is free and accessible where the public can access live video and audio transmissions of meetings of executive state agencies. Agencies employing the web site will be charged an equitable share of the site’s operating costs. Webcasting of live video and audio transmission of meetings of non-executive state agencies will utilize another web site and must provide the location or URL of the site in the required public meeting notice.

The same requirements apply to the Legislature as well, beginning with the 2016 Legislative Session, though in that case it is the Legislative Council Service that may make a determination of financial, technical or logistical impracticability.

A potential benefit of this bill might be that it will increase the transparency and public accessibility of public meetings, including entities like the Water Quality Control Commission and floor sessions and committee meetings of the Legislature.