Amended in Senate April 6, 2015

Senate BillNo. 272


Introduced by Senator Hertzberg

(Principal coauthor: Assembly Member Maienschein)

February 19, 2015


An act to add Section 6270.5 to the Government Code, relating to public records.

LEGISLATIVE COUNSEL’S DIGEST

SB 272, as amended, Hertzberg. The California Public Records Act: local agencies: inventory.

Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.begin delete Existing law also requires every public agency to comply with the California Public Records Act and with any subsequent statutory enactment amending the act, or enacting or amending any successor act.end delete

This bill would require each local agency, in implementing the California Public Records Act, tobegin delete conduct an inventory of data gathered by the agency that discloses what data is maintained by the agency, by whom, and with what frequency it is collected. The bill would require the inventory to be available to the public. end deletebegin insert create a catalog of enterprise systems, as defined, to make the catalog publicly available upon request in the office of the clerk of the agency’s legislative body, and to post the catalog on the local agency’s Internet Web site. The bill would require the catalog to disclose a list of the enterprise systems utilized by the agency, and, among other things,end insertbegin insert the current system vendor and product.end insert Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthersbegin delete the constitutional requirements relating toend delete this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2begin delete followingend deletebegin insert following:end insert

3(a) New information technology has dramatically changed the
4way people search for and expect to find information in California.

5(b) This technology has unlocked great potential for government
6to better serve the people it represents. A recent study estimated
7that digitizing government data could generate one trillion dollars
8in economic value worldwide through cost savings and improved
9operational performance.

10(c) California plays a vitally important role in moving our nation
11forward in the world of technology. Just as the state’s thriving tech
12industry surges ahead in setting new standards for society, so too
13must California.

14(d) As several nations, states, and cities have begun to embrace
15policies of online access to public sector data, they have enjoyed
16the benefits of increased operational efficiency and better
17collaboration. Here in California, cities across the state are turning
18internally gathered and maintained data into usable information
19for the public to access and leverage for the benefit of their
20communities.

P3    1(e) In moving government to a more effective digital future,
2standards should be adopted to ensure that data collection and
3publication are standardized, including uniform definitions for
4machine-readable data. Online portals should also be developed
5to assist with public access to collected data.

6(f) With a public sector committed to success in the digital age,
7the residents and businesses of California will stand to benefit
8from the greater collaboration and integration, improved
9accountability, and increased productivity that will result.

10(g) In making California government more accessible to the
11people of the state, paragraph (7) of subdivision (b) of Section 3
12of Article I of the California Constitution requires local
13governments to comply with the California Public Records Act
14and with any subsequent statutory enactment amending that act
15and furthering that purpose.

16

SEC. 2.  

Section 6270.5 is added to the Government Code, to
17read:

18

6270.5.  

begin insert(a)end insertbegin insertend insert In implementing this chapter, each local agency
19shallbegin delete conduct an inventory of data gathered by the agency. The
20inventory shall be made available to the public and shall disclose
21what data is maintained by the agency, by whom, and with what
22frequency it is collected.end delete
begin insert create a catalog of enterprise systems.
23The catalog shall be made publicly available upon request in the
24office of the clerk of the agency’s legislative body. The catalog
25shall be posted in a prominent location on the local agency’s
26Internet Web site, if the agency has an Internet Web site. The
27catalog shall disclose a list of the enterprise systems utilized by
28the agency and, for each system, shall also disclose all of the
29following:end insert

begin insert

30(1) Current system vendor.

end insert
begin insert

31(2) Current system product.

end insert
begin insert

32(3) A brief statement of the system’s purpose.

end insert
begin insert

33(4) A general description of categories, modules, or layers of
34data.

end insert
begin insert

35(5) The department that serves as the system’s primary
36custodian.

end insert
begin insert

37(6) How frequently system data is collected.

end insert
begin insert

38(7) How frequently system data is updated.

end insert
begin insert

39(b) This section shall not be interpreted to limit a person’s right
40to inspect public records pursuant to this chapter.

end insert
begin insert

P4    1(c) For purposes of this section:

end insert
begin insert

2(1) “Enterprise system” means a system that is both of the
3following:

end insert
begin insert

4(A) A multidepartmental system or a system that contains
5information collected about the public.

end insert
begin insert

6(B) A system of record.

end insert
begin insert

7(2) “System of record” means a system that serves as an original
8source of data within an agency.

end insert
9

SEC. 3.  

The Legislature finds and declares that Section 2 of
10this act, which adds Section 6270.5 to the Government Code,
11furthers, within the meaning of paragraph (7) of subdivision (b)
12of Section 3 of Article I of the California Constitution, the purposes
13of that constitutional section as it relates to the right of public
14access to the meetings of local public bodies or the writings of
15local public officials and local agencies. Pursuant to paragraph (7)
16of subdivision (b) of Section 3 of Article I of the California
17Constitution, the Legislature makes the following findings:

18Because increased information about what data is collected by
19local agencies could be leveraged by the public to more efficiently
20access and better use that information, begin delete requiring every local agency
21to conduct an inventory of data gathered by the agency that would
22be made available to the public underend delete
the act furthers the purpose
23of Section 3 of Article I of the California Constitution.

24

SEC. 4.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district under this act would result from a legislative mandate that
28is within the scope of paragraph (7) of subdivision (b) of Section
293 of Article I of the California Constitution.



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