BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 272| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 272 Page 2 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. SB 272 Page 3 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 SB 272 Page 4 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 SB 272 Page 5 OPPOSITION: (Verified5/4/15) None received Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119 5/6/15 16:16:16 **** END ****