Bill Text: CA SB479 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State government: Secretary of State: duties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-08-30 - Set, second hearing. Held in committee and under submission. [SB479 Detail]

Download: California-2013-SB479-Introduced.html

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BILL NUMBER: SB 479	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Block

                        FEBRUARY 21, 2013

   An act to amend Sections 6204, 12153, 12227, and 12228 of the
Government Code, relating to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 479, as introduced, Block. Keeper of the Archives: name change.

   Existing law requires the Secretary of State to appoint a
competent person to the position of Keeper of the Archives. Existing
law specifies that the Keeper of the Archives is responsible for the
preservation and indexing of material deposited in the State
Archives, and shall make the material readily available for use.
   This bill would change the name of the Keeper of the Archives to
the Chief of Archives.
   This bill would also make technical, nonsubstantive changes to
these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6204 of the Government Code is amended to read:

   6204.  (a) For purposes of this chapter, the following definitions
shall apply:
   (1) "Archivist" means the  Keeper   Chief
 of  the  Archives, as specified in Section
12227.
   (2) "Record" has the same meaning as "public records" is defined
in subdivision (e) of Section 6252, and includes, but is not limited
to, any writing containing information relating to the conduct of the
public's business prepared, owned, used, or retained by a state or
local agency regardless of physical form or characteristics.
   (3) "Secretary" means the Secretary of State.
   (b) Whenever the secretary, in consultation with the archivist,
has reasonable grounds to believe that a record belonging to the
state or a local agency is in the possession of a person,
organization, or institution not authorized by law to possess those
records, the secretary may issue a written notice demanding that
person, organization, or institution to do either of the following
within 20 calendar days of receiving the notice:
   (1) Return the record to the appropriate state or local agency.
   (2) Respond in writing and declare why the record does not belong
to the state or a local agency.
   (c) The notice and demand issued pursuant to subdivision (b) shall
identify the record claimed to belong to the state or local agency
with reasonable specificity, and shall state that the secretary is
authorized to take legal action to recover the record if the person,
organization, or institution fails to respond in writing within the
required time or does not adequately demonstrate that the record does
not belong to the state or a local agency.
   (d) The secretary shall send the notice and demand specified in
subdivision (b) by certified or registered mail, return receipt
requested.
   (e) When a record is returned pursuant to paragraph (1) of
subdivision (b), upon the request of the person, organization, or
institution that returned the record, the secretary or a local agency
that receives the record shall issue to that person, organization,
or institution a copy or digital image of the record, which shall be
certified as a true copy of the record that was returned to the state
or local agency, and dated on the same day the record was returned.
  SEC. 2.  Section 12153 of the Government Code is amended to read:
   12153.  The Secretary of State shall appoint a competent person to
the position of Keeper   Chief  of
 the  Archives.
   In case of his  or her  absence or inability to perform
the duties of his  or her  position, the Secretary of State
shall designate some other competent person to act in his  or her
 place.
  SEC. 3.  Section 12227 of the Government Code is amended to read:
   12227.  The  Keeper   Chief  of 
the  Archives is responsible for the preservation and
indexing of material deposited in the State  archives
  Archives  , and shall make the material readily
available for use.
  SEC. 4.  Section 12228 of the Government Code is amended to read:
   12228.  The  Keeper   Chief  of 
the  Archives shall give an appropriate receipt for all
material received by him  or her  as a part of the archives.