Amended in Assembly July 6, 2015

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, except abegin delete school district,end deletebegin insert local educational agency,end insert in implementing the California Public Records Act, to create a catalog ofbegin delete information technologyend deletebegin insert enterpriseend insert systems, as defined, to make the catalog publicly available upon request in the office of thebegin delete clerk ofend deletebegin insert person or officer designated byend insert 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 information technologyend deletebegin insert enterpriseend 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.

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.  

(a) In implementing this chapter, each local agency,
19except abegin delete school district,end deletebegin insert local educational agency,end insert shall create a
20catalog ofbegin delete information technologyend deletebegin insert enterpriseend insert systems. The catalog
21shall be made publicly available upon request in the office of the
22begin delete clerk ofend deletebegin insert person or officer designated byend insert the agency’s legislative
23body. The catalog shall be posted in a prominent location on the
24local agency’s Internet Web site, if the agency has an Internet Web
25site. The catalog shall disclose a list of thebegin delete information technologyend delete
26begin insert enterpriseend insert systems utilized by the agency and, for each system,
27shall also disclose all of the following:

28(1) Current system vendor.

29(2) Current system product.

30(3) A brief statement of the system’s purpose.

31(4) A general description of categories or types of data.

32(5) The department that serves as the system’s primary
33custodian.

34(6) How frequently system data is collected.

35(7) How frequently system data is updated.

36(b) This section shall not be interpreted to limit a person’s right
37to inspect public records pursuant to this chapter.

38(c) For purposes of thisbegin delete section, “information technology
39system” means hardware and software that collect, store, exchange,
40and analyze information that the agency uses. However,
P4    1“information technology system” shall not include any of the
2following:end delete
begin insert section:end insert

begin insert

3(1) “Enterprise system” means a software application or
4computer system that collects, stores, exchanges, and analyzes
5information that the agency uses that is both of the following:

end insert
begin insert

6(A) A multidepartmental system or a system that contains
7information collected about the public.

end insert
begin insert

8(B) A system of record.

end insert
begin insert

9(2) “System of record” means a system that serves as an original
10source of data within an agency.

end insert
begin insert

11(3) An enterprise system shall not include any of the following:

end insert
begin delete

612(1)

end delete

13begin insert(A)end insert Information technology security systems, including firewalls
14and other cybersecurity systems.

begin insert

15(B) Physical access control systems, employee identification
16management systems, video monitoring, and other physical control
17systems.

end insert
begin insert

18(C) Infrastructure and mechanical control systems, including
19those that control or manage street lights, or water or sewer
20functions.

end insert
begin delete

8 21(2)

end delete

22begin insert(D)end insert Systems that would be restricted from disclosure pursuant
23to Section 6254.19.

begin delete

10 24(3)

end delete

25begin insert(E)end insert The specific records that the information technology system
26collects, stores, exchanges, orbegin delete analyses.end deletebegin insert analyzes.end insert

begin insert

27(d) Nothing in this section shall be construed to permit public
28access to records held by an agency to which access is otherwise
29restricted by statute or to alter the process for requesting public
30records, as set forth in this chapter.

end insert
begin delete

12 31(d)

end delete

32begin insert(e)end insert The local agency shall complete and post the catalog required
33by this section by July 1, 2016, and thereafter shall update the
34catalog annually.

35

SEC. 3.  

The Legislature finds and declares that Section 2 of
36this act, which adds Section 6270.5 to the Government Code,
37furthers, within the meaning of paragraph (7) of subdivision (b)
38of Section 3 of Article I of the California Constitution, the purposes
39of that constitutional section as it relates to the right of public
40access to the meetings of local public bodies or the writings of
P5    1local public officials and local agencies. Pursuant to paragraph (7)
2of subdivision (b) of Section 3 of Article I of the California
3Constitution, the Legislature makes the following findings:

4Because increased information about what data is collected by
5local agencies could be leveraged by the public to more efficiently
6access and better use that information, the act furthers the purpose
7of Section 3 of Article I of the California Constitution.

8

SEC. 4.  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district under this act would result from a legislative mandate that
12is within the scope of paragraph (7) of subdivision (b) of Section
133 of Article I of the California Constitution.



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