Amended in Assembly June 25, 2015

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.

This bill would require each local agency,begin insert except a school district,end insert in implementing the California Public Records Act, to create a catalog ofbegin delete enterpriseend deletebegin insert information technologyend insert 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 thebegin delete enterpriseend deletebegin insert information technologyend insert systems utilized by the agency, and, among other things, the current system vendor and product. 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 furthers 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
2following:

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.

21(e) In moving government to a more effective digital future,
22standards should be adopted to ensure that data collection and
23publication are standardized, including uniform definitions for
24machine-readable data. Online portals should also be developed
25to assist with public access to collected data.

P3    1(f) With a public sector committed to success in the digital age,
2the residents and businesses of California will stand to benefit
3from the greater collaboration and integration, improved
4accountability, and increased productivity that will result.

5(g) In making California government more accessible to the
6people of the state, paragraph (7) of subdivision (b) of Section 3
7of Article I of the California Constitution requires local
8governments to comply with the California Public Records Act
9and with any subsequent statutory enactment amending that act
10and furthering that purpose.

11

SEC. 2.  

Section 6270.5 is added to the Government Code, to
12read:

13

6270.5.  

(a) In implementing this chapter, each localbegin delete agencyend delete
14begin insert agency, except a school district,end insert shall create a catalog ofbegin delete enterpriseend delete
15begin insert information technologyend insert systems. The catalog shall be made publicly
16available upon request in the office of the clerk of the agency’s
17legislative body. The catalog shall be posted in a prominent
18location on the local agency’s Internet Web site, if the agency has
19an Internet Web site. The catalog shall disclose a list of the
20begin delete enterpriseend deletebegin insert information technologyend insert systems utilized by the agency
21and, for each system, shall also disclose all of the following:

22(1) Current system vendor.

23(2) Current system product.

24(3) A brief statement of the system’s purpose.

25(4) A general description ofbegin delete categories, modules, or layersend delete
26begin insert categories or typesend insert of data.

27(5) The department that serves as the system’s primary
28custodian.

29(6) How frequently system data is collected.

30(7) How frequently system data is updated.

31(b) This section shall not be interpreted to limit a person’s right
32to inspect public records pursuant to this chapter.

begin delete

33(c) For purposes of this section:

end delete
begin delete

34(1) “Enterprise system” means a system that is both of the
35following:

end delete
begin delete

36(A) A multidepartmental system or a system that contains
37information collected about the public.

end delete
begin delete

38(B) A system of record.

end delete
begin delete

39(2) “System of record” means a system that serves as an original
40source of data within an agency.

end delete
begin insert

P4    1(c) For purposes of this section, “information technology
2system” means hardware and software that collect, store,
3exchange, and analyze information that the agency uses. However,
4“information technology system” shall not include any of the
5following:

end insert
begin insert

6(1) Information technology security systems, including firewalls
7and other cybersecurity systems.

end insert
begin insert

8(2) Systems that would be restricted from disclosure pursuant
9to Section 6254.19.

end insert
begin insert

10(3) The specific records that the information technology system
11collects, stores, exchanges, or analyses.

end insert
begin insert

12(d) The local agency shall complete and post the catalog
13required by this section by July 1, 2016, and thereafter shall update
14the catalog annually.

end insert
15

SEC. 3.  

The Legislature finds and declares that Section 2 of
16this act, which adds Section 6270.5 to the Government Code,
17furthers, within the meaning of paragraph (7) of subdivision (b)
18of Section 3 of Article I of the California Constitution, the purposes
19of that constitutional section as it relates to the right of public
20access to the meetings of local public bodies or the writings of
21local public officials and local agencies. Pursuant to paragraph (7)
22of subdivision (b) of Section 3 of Article I of the California
23Constitution, the Legislature makes the following findings:

24Because increased information about what data is collected by
25local agencies could be leveraged by the public to more efficiently
26access and better use that information, the act furthers the purpose
27of Section 3 of Article I of the California Constitution.

28

SEC. 4.  

No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district under this act would result from a legislative mandate that
32is within the scope of paragraph (7) of subdivision (b) of Section
333 of Article I of the California Constitution.



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