BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 272|
|Office of Senate Floor Analyses | |
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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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