California Assembly Bill AB2266 Latest Draft

 BILL NUMBER: AB 2266AMENDED 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  .