Robert M. Hertzberg
- Democratic
Author
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. This bill would require each local agency, except a local educational agency, in implementing the California Public Records Act, to create a catalog of enterprise systems, as defined, to make the catalog publicly available upon request in the office of the person or officer designated by the agency's legislative body, and to post the catalog on the local agency's Internet Web site. The bill would require the catalog to disclose a list of the enterprise systems utilized by the agency, and, among other things, the current system vendor and product, unless, on the facts of the particular case, the public interest served by not disclosing that information clearly outweighs the public interest served by disclosure, in which case the local agency may instead provide a system name, brief title, or identifier of the system. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers this purpose. This bill would make legislative findings to that effect. Existing constitutional provisions require a statute that limits the right of public access to meetings or writings of public officials to be adopted with findings demonstrating the interest to be protected by that limitation and the need to protect that interest. This bill would declare that it includes limitations on access, that the interest to be protected is the security of enterprise systems in public agencies, and that the need to protect that interest is that enterprise systems can contain information that, if released to the public, could result in negative consequences. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Chaptered by Secretary of State. Chapter 795, Statutes of 2015.
Approved by the Governor.
Enrolled and presented to the Governor at 5 p.m.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2564.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 79. Noes 0. Page 2923.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 17. Noes 0.) (August 19).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 15). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 10. Noes 0.) (June 30). Re-referred to Com. on L. GOV.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
June 23 hearing postponed by committee.
June 16 hearing postponed by committee.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 37. Noes 0. Page 931.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 884.) (May 4).
Set for hearing May 4.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 728.) (April 21). Re-referred to Com. on APPR.
Set for hearing April 21.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 618.) (April 15). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
Set for hearing April 15.
From printer. May be acted upon on or after March 22.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB272 | HTML |
| 02/19/15 - Introduced | |
| 04/06/15 - Amended Senate | |
| 06/25/15 - Amended Assembly | |
| 07/06/15 - Amended Assembly | |
| 08/17/15 - Amended Assembly | |
| 09/02/15 - Amended Assembly | |
| 09/09/15 - Enrolled | |
| 10/11/15 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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