BILL NUMBER: AB 2266 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 4, 2010
AMENDED IN SENATE JUNE 30, 2010
AMENDED IN ASSEMBLY APRIL 14, 2010
INTRODUCED BY Assembly Member Bradford
FEBRUARY 18, 2010
An act to amend, repeal, and add Section 35254 of the Education
Code, relating to school district records.
LEGISLATIVE COUNSEL'S DIGEST
AB 2266, as amended, Bradford. School district records.
Existing law requires the Secretary of State, in consultation with
the Department of General Services, to approve and adopt appropriate
standards for the purpose of storing and recording documents in
electronic media and requires the standards to include a requirement
that a trusted system, as defined, be used.
Existing law authorizes the governing board of a school district
to make photographic, microfilm, or electronic copies of records of
the district and to destroy the original after the copy is made if
provision is made for permanently maintaining the copy in the files
of the district, except that an original record that is basic to a
required audit is prohibited from being destroyed before the second
July 1st after the completion of the audit.
This bill would require the Controller to work in
coordination with the Secretary of State to develop record and
retention standards, policies, or regulations consistent with the
applicable use of a trusted system, as defined, that will permit the
governing board of a school district, effective January 1, 2013, to
reproduce a record, that is basic to a required audit, that is a
nonerasable optical image reproduction or any other reproduction of
an original record or document if additions, deletions, or changes to
the original record or document are not permitted by the technology.
The bill , commencing January 1, 2013
2012 , would authorize the destruction of an original of a
school district record of which a photographic or
microfilm copy has been made when provisions are made for
permanently maintaining that copy in the files of the district and
would authorize the destruction of an original record of which an
electronic copy has been made if the governing board of a
school district annually certifies that provisions are made to
maintain the copies in a trusted system, as defined, and the
copies of records that are basic to a required audit are made in
compliance with standards, regulations, or requirements approved and
adopted by the Controller copy is a nonal t
erable optical image reproduction produced by technology
that does not permit alterations, changes, additions, or deletions to
be made of the original record . The bill would state that
these provisions do not relieve the governing board of a school
district from a requirement in law to produce an original record that
is basic to a required audit, unless that record can be reproduced
from the copy that was made from the original record.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35254 of the Education Code is amended to read:
35254. (a) The governing board of any school district may make
photographic, microfilm, or electronic copies of any records of the
district. The original of any records of which a photographic,
microfilm, or electronic copy has been made may be destroyed when
provision is made for permanently maintaining the photographic,
microfilm or electronic copies in the files of the district, except
that no original record that is basic to any required audit shall be
destroyed prior to the second July 1st succeeding the completion of
the audit.
(b) The Controller shall work in coordination with the Secretary
of State to develop record and retention standards, policies, or
regulations consistent with the applicable use of a trusted system,
as defined in Section 12168.7 of the Government Code, that will
permit the governing board of a school district, effective January 1,
2013, to reproduce a record, that is basic to a required audit, that
is a nonerasable optical image reproduction or any other
reproduction of an original record or document if additions,
deletions, or changes to the original record or document are not
permitted by the technology.
(c)
(b) This section shall remain in effect only until
January 1, 2013 2012 , and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2013 2012 , deletes
or extends that date.
SEC. 2. Section 35254 is added to the Education Code, to read:
35254. (a) The governing board of any school district may make
photographic, microfilm, or electronic copies of any records of the
district. The original of any records of which a photographic
, microfilm, or electronic or microfilm
copy has been made may be destroyed when provisions are made
for permanently maintaining the photographic or microfilm copies in
the files of the district. The original of any records of which an
electronic copy has been made may be destroyed if the governing
board of the school district certifies in each fiscal year, by a
motion of the board duly passed and adopted, that provisions are made
to ensure that the photographic, microfilm, or
electronic copies of any records of the school district meet both of
the following requirements:
(1) They are maintained in a trusted system, as defined in
subdivision (c) of Section 12168.7 of the Government Code.
(2) For purposes of records that are basic to a required
audit, they are made in compliance with standards, policies, or
regulations approved and adopted by the Controller.
(2) The copy is a nonalterable optical image reproduction
produced by technology that does not permit alterations of, changes
of, additions to, or deletions of the original record.
(b) This section does not relieve the governing board of a school
district from any requirement in law to produce an original record
that is basic to a required audit, unless that record can be
reproduced from the photographic, microfilm, or electronic copy that
was made from the original record. A school district shall
retain either the original record or the photographic, microfilm, or
electronic copy until the second July 1 succeeding the completion of
the audit.
(c) This section shall become operative on January 1,
2013 2012 .