BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 272|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 272
Author: Hertzberg (D), et al.
Amended: 4/6/15
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 4/15/15
AYES: Hertzberg, Nguyen, Bates, Beall, Hernandez, Lara, Pavley
SENATE JUDICIARY COMMITTEE: 7-0, 4/21/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/4/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: The California Public Records Act: local agencies:
inventory
SOURCE: Author
DIGEST: This bill requires local governments to catalog, and
make publicly available, information about their data systems.
ANALYSIS:
Existing law, the California Public Records Act (CPRA), requires
public records to be open to inspection during office hours and
gives every person a right to inspect public records, with
specific exceptions. The CPRA also specifies procedures for
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requesting copies of public records.
This bill:
1)Requires local agencies, in implementing the CPRA, to create a
catalog of enterprise systems.
2)Defines "enterprise system" as a system that is both:
a) A multi-departmental system or a system that contains
information collected about the public.
b) A system of record.
3)Defines "system of record" as a system that serves as an
original source of data within an agency.
4)Requires that the catalog prepared by each local agency must:
a) List the enterprise systems utilized by the agency.
b) Disclose, for each enterprise system, all of the
following:
i) Current system vendor.
ii) Current system product.
iii) A brief statement of the system's purpose.
iv) A general description of categories, modules, or
layers of data.
v) The department that serves as the system's
primary custodian.
vi) How frequently system data is collected.
vii) How frequently system data is updated.
viii) Be made publicly available in a specified
manner.
5)States that its provisions must not be interpreted to limit a
person's right to inspect public records pursuant to the
provision of the CPRA.
6)Contains legislative findings and declarations regarding the
potential benefits of expanded public access to electronic
data gather and maintained by local agencies.
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Comments
1) Purpose of the bill. Government agencies are rapidly
expanding their use of computer technologies to conduct the
public's business, including budgeting, mapping, and issuing
permits. Much of the electronic data that local governments
throughout California possess can be a powerful tool for
improving the lives of Californians. Harnessing the power of
local data will help to make government more transparent and
accountable to the public, foster collaboration among agencies
to deliver public services more efficiently and effectively, and
support policies that generate economic growth and improve
California communities. However, members of the public too
often are not aware of what data local governments collect, the
format the data is in, or the location where the data is stored.
Similarly, a lack of information about local agencies' data
systems may impede efforts among local agencies to collaborate
on projects to standardize and share public data sets. By
requiring local governments to share information about their
enterprise data systems, SB 272 takes a significant step towards
making California local government data more accessible to the
public.
2) Who pays? The Legislative Counsel's Office says that SB 272
imposes a state-mandated local program because it requires local
government officials to perform additional duties related to
creating and publicly releasing a catalog of enterprise systems.
The California Constitution generally requires the state
government to reimburse the costs of new or expanded state
mandated local programs. However, on June 3, 2014, California
voters approved Proposition 42, which amended the California
Constitution to require local agencies to comply with the CPRA.
Proposition 42 also requires local agencies to comply with any
subsequent statutory enactment amending the Public Records Act
that contains specified findings that the newly enacted statute
furthers specified constitutional provisions guaranteeing public
access to public agency meetings and records. SB 272 contains
legislative findings that the bill furthers the purpose of
Section 3 of Article I of the California Constitution "[b]ecause
increased information about what data is collected by local
agencies could be leveraged by the public to more efficiently
access and better use that information." As a result, SB 272
disclaims the state's responsibility for reimbursing local
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governments' costs of complying with the bill's requirements.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Unknown, likely significant costs to local agencies to compile
information on enterprise systems that contain data collected
about the public, post the catalog on agency websites, and
make it available to the public (Local funds). These costs
are not anticipated to be reimbursable from the state General
Fund.
Potential costs in the low tens of thousands to the Commission
on State Mandates (COSM). To the extent an affected local
agency files a test claim for reimbursement of mandated costs,
Commission legal staff would prepare a full analysis of the
legal and factual issues raised for purposes of a
determination by the COSM.
SUPPORT: (Verified5/4/15)
American Federation of State, County, and Municipal Employees,
AFL-CIO
Associated Builders and Contractors of California
California Asian Pacific Chamber of Commerce
California Broadcasters Association
California Business Properties Association
California Business Roundtable
California Manufacturers and Technology Association
California Professional Firefighters
Firearms Policy Coalition
National Federation of Independent Business
San Diego Regional Data Library
San Francisco Technology Democrats
Sunlight Foundation
Urban Strategies Council
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OPPOSITION: (Verified5/4/15)
None received
Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
5/6/15 16:16:16
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