Amended in Assembly August 17, 2015

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 a local educational agency, in implementing the California Public Records Act, to create a catalog of enterprise systems, as defined, to make the catalog publicly available upon request in the office of the person or officer designated by 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, 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 a local educational agency, shall create a catalog of
20enterprise systems. The catalog shall be made publicly available
21upon request in the office of the person or officer designated by
22the agency’s legislative body. The catalog shall be posted in a
23prominent location on the local agency’s Internet Web site, if the
24agency has an Internet Web site. The catalog shall disclose a list
25of the enterprise systems utilized by the agency and, for each
26system, shall also disclose all of the following:

27(1) Current system vendor.

28(2) Current system product.

29(3) A brief statement of the system’s purpose.

30(4) A general description of categories or types of data.

31(5) The department that serves as the system’s primary
32custodian.

33(6) How frequently system data is collected.

34(7) How frequently system data is updated.

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

37(c) For purposes of this section:

38(1) “Enterprise system” means a software application or
39computer system that collects, stores, exchanges, and analyzes
40information that the agency uses that is both of the following:

P4    1(A) A multidepartmental system or a system that contains
2information collected about the public.

3(B) A system of record.

4(2) “System of record” means a system that serves as an original
5source of data within an agency.

6(3) An enterprise system shall not include any of the following:

7(A) Information technology security systems, including firewalls
8and other cybersecurity systems.

9(B) Physical access control systems, employee identification
10management systems, video monitoring, and other physical control
11systems.

12(C) Infrastructure and mechanical control systems, including
13those that control or manage street lights, or water or sewer
14functions.

begin insert

15(D) Systems related to 911 dispatch and operation or emergency
16services.

end insert
begin delete

22 17(D)

end delete

18begin insert(E)end insert Systems that would be restricted from disclosure pursuant
19to Section 6254.19.

begin delete

25 20(E)

end delete

21begin insert(F)end insert The specific records that the information technology system
22collects, stores, exchanges, or analyzes.

23(d) Nothing in this section shall be construed to permit public
24access to records held by an agency to which access is otherwise
25restricted by statute or to alter the process for requesting public
26records, as set forth in this chapter.

27(e) The local agency shall complete and post the catalog required
28by this section by July 1, 2016, and thereafter shall update the
29catalog annually.

30

SEC. 3.  

The Legislature finds and declares that Section 2 of
31this act, which adds Section 6270.5 to the Government Code,
32furthers, within the meaning of paragraph (7) of subdivision (b)
33of Section 3 of Article I of the California Constitution, the purposes
34of that constitutional section as it relates to the right of public
35access to the meetings of local public bodies or the writings of
36local public officials and local agencies. Pursuant to paragraph (7)
37of subdivision (b) of Section 3 of Article I of the California
38Constitution, the Legislature makes the following findings:

39Because increased information about what data is collected by
40local agencies could be leveraged by the public to more efficiently
P5    1access and better use that information, the act furthers the purpose
2of Section 3 of Article I of the California Constitution.

3

SEC. 4.  

No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district under this act would result from a legislative mandate that
7is within the scope of paragraph (7) of subdivision (b) of Section
83 of Article I of the California Constitution.



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