BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 272| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 272 Page 2 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. SB 272 Page 3 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. SB 272 Page 4 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. SB 272 Page 5 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 SB 272 Page 6 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 SB 272 Page 7 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 **** END **** SB 272 Page 8