BILL NUMBER: AB 2266	AMENDED
	BILL TEXT

	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, would  authorize the
destruction of an original of a school district record of which a
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
 specified  standards, regulations, or requirements
 approved and adopted by the Controller  . 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:  no
  yes  . 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) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.  
  SECTION 1.     Section 35254 of the Education Code
is amended to read:
   35254.  
   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 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) They are made in compliance with standards or
regulations approved and adopted by the Secretary of State pursuant
to subdivision (b) of Section 12168.7 of the Government Code or,
until standards and regulations are approved and adopted, in
compliance with the requirements of subdivision (d) 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. 
   (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. 
   (c) This section shall become operative on January 1, 2013.