BILL ANALYSIS                                                                                                                                                                                                    






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          |SENATE RULES COMMITTEE            |                        SB 272|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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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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