BILL ANALYSIS                                                                                                                                                                                                    Ó




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


          Bill No:  SB 272
          Author:   Hertzberg (D)
          Amended:  9/2/15  
          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

           SENATE FLOOR:  37-0, 5/7/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Gaines, Galgiani, Hall, Hancock, Hernandez,  
            Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva,  
            McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell,  
            Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak,  
            Wieckowski, Wolk
           NO VOTE RECORDED:  Fuller, Liu

           ASSEMBLY FLOOR:  79-0, 9/4/15 - See last page for vote
           
           SUBJECT:   The California Public Records Act:  local agencies:   
                     inventory


          SOURCE:    Author


          DIGEST:  This bill requires local governments, with specified  
          exceptions, to catalog, and make publicly available, information  








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          about their data systems




          Assembly Amendments exclude local education agencies from this  
          bill's requirements, modify this bill's definition of  
          "enterprise system," specify a schedule by which local agencies  
          must complete and update catalogues of their data systems, and  
          provide local agencies with an alternative to publicly  
          disclosing specified information in cases when public disclosure  
          would not serve the public interest.


          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  
          requesting copies of public records.


          This bill:


          1)Requires local agencies, except local education agencies, in  
            implementing the CPRA, to create a catalog of enterprise  
            systems.


          2)Defines "enterprise system" as a software application or  
            computer system that collects, stores, exchanges, and analyzes  
            information that the agency uses that is both:


             a)   A multi-departmental system or a system that contains  
               information collected about the public.


             b)   A system of record.








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          3)Defines "system of record" as a system that serves as an  
            original source of data within an agency.


          4)Directs that an enterprise system must not include any of the  
            following:


             a)   Information technology security systems, including  
               firewalls and other cybersecurity systems.


             b)   Physical access control systems, employee identification  
               management systems, video monitoring, and other physical  
               control systems.


             c)   Infrastructure and mechanical control systems, including  
               those that control or manage street lights, electrical,  
               natural gas, or water or sewer functions.


             d)   Systems related to 911 dispatch and operation or  
               emergency services.


             e)   Systems that would be restricted from disclosure  
               pursuant to Section 6254.19.


             f)   The specific records that the information technology  
               system collects, stores, exchanges, or analyzes.


          5)Requires that the catalog prepared by each local agency must:


             a)   Be completed and posted by July 1, 2016, and updated  
               annually. 









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             b)   List the enterprise systems utilized by the agency.


             c)   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 or types  
                   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.


             d)   Allows a local agency to provide alternative information  
               if, on the facts of the particular case, the public  
               interest served by not disclosing the current system vendor  
               and current system product clearly outweighs the public  
               interest served by disclosure.










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          6)Directs that its provisions must not be construed to permit  
            public access to records held by an agency to which access is  
            otherwise restricted by statute or to alter the process for  
            requesting public records, as specified.


          7)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.


          8)Contains legislative findings and declarations that:


             a)   Identify the potential benefits of expanded public  
               access to electronic data gather and maintained by local  
               agencies.


             b)   Demonstrate the interest protected by a specified  
               provision of this bill which limits the public's right of  
               access to public documents.


             c)   Disclaim the need to reimburse costs that may be  
               incurred by a local agency or school district under this  
               act.


          Comments


          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  








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          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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Assembly Appropriations Committee, because this  
          bill furthers the purpose of the CPRA, local agencies' costs to  
          create catalogues of their respective enterprise systems would  
          be nonreimbursable.


          SUPPORT:   (Verified9/4/15)


          American Civil Liberties Union of California
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          Associated Builders and Contractors of California 
          Building Owners and Managers Association of California
          California Asian Pacific Chamber of Commerce 
          California Broadcasters Association 
          California Business Properties Association 
          California Business Roundtable 
          California Forward Action Fund 
          California League of Food Processors 
          California Manufacturers & Technology Association 
          California Retailers Association 
          Commercial Real Estate Development Association 
          Data Transparency Coalition
          Family Business Association 
          Firearms Policy Coalition 








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          International Council of Shopping Centers 
          Los Angeles County Business Federation 
          National Federation of Independent Businesses 
          San Diego Regional Data Library 
          San Francisco Technology Democrats 
          Sunlight Foundation 
          Urban Strategies Council


          OPPOSITION:   (Verified9/4/15)




          Cites of Fountain Valley and Palo Alto

           ASSEMBLY FLOOR:  79-0, 9/04/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
           NO VOTE RECORDED: Ridley-Thomas





          Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119
          9/4/15 19:10:21


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