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

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-Amended.html

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BILL NUMBER: SB 479	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Block

                        FEBRUARY 21, 2013

   An act to amend Sections 6204, 12153,  12224, 12225, 
12227,  and  12228 , 12229, 12230, 12231, 12232,
12233, 12236, 14740, 14745, and 14746 of, to add Article 7
(commencing with Section 12270) to Chapter   3 of Part 2 of
Division 3 of Title 2 of, to repeal Sections 12234 and 12235 of, and
to repeal Article 3 (commencing with Section 14750), Article 4
(commencing with Section 14755), Article 6 (commencing with Section
14765), and Article 7 (commencing with Section 14769) of, Chapter 5
of Part 5.5 of Division 3 of Title 2  of  ,  the
Government Code,   and to amend Section 135 of the Labor Code,
  relating to state  government   records
 .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 479, as amended, Block.  Keeper of the Archives: name
change.   State government: Secretary of State: duties.

   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. 
   Existing law, the State Records Management Act, provides for the
Department of General Services to manage state records, as specified.
 
   This bill would provide that the Secretary of State would manage
state records and that the Department of General Services would store
state records, as specified.  
   Existing law provides that the Workers' Compensation Appeals Board
may, with the approval of the Department of Finance, destroy or
otherwise dispose of a file kept by it in connection with a
proceeding regarding workers' compensation and insurance, as
provided.  
   This bill would instead provide that the Workers' Compensation
Appeals Board may, with the approval of the Secretary of State,
destroy or otherwise dispose of a file kept by it in connection with
a proceeding. 
   This bill would also make technical, nonsubstantive  , and
conforming  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 Chief of 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   that record  , 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 Chief of 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 12224 of the   Government
Code   is amended to read: 
   12224.  The Secretary of State may receive into the archives any
item that he  or she  deems to be of historical value
 and shall receive into the archives any other item from a
state agency if directed to do so by the Department of General
Services  .
   SEC.   4.    Section   12225 of the
  Government Code  is amended to read: 
   12225.   With the approval of the Department of General
Services, the   The  Secretary of State may at any
time return to the state agency from which it was received any item
in the archives which he  or she  does not deem to be of
historical value.
   SEC. 3.   SEC. 5.   Section 12227 of the
Government Code is amended to read:
   12227.  The Chief of Archives is responsible for the preservation
and indexing of material deposited in the State Archives, and shall
make the material readily available for use.
   SEC. 4.   SEC. 6.   Section 12228 of the
Government Code is amended to read:
   12228.  The Chief of Archives shall give an appropriate receipt
for all material received by him or her as a part of the archives.
   SEC. 7.    Section 12229 of the   Government
Code   is amended to read: 
   12229.  The Secretary of State may maintain any item in an active
file in his  or her  office for such time as he  or she
 deems proper before transferring it to the archives.
   SEC. 8.    Section 12230 of the   Government
Code   is amended to read: 
   12230.  The Secretary of State shall establish a Document
Preservation Shop and an Indexing Section to facilitate the
preservation and indexing of the archives.  He shall also
prepare exhibitions of documentary materials from the archives to be
displayed in the State Capitol Building.
   SEC. 9.    Section 12231 of the   Government
Code   is amended to read: 
   12231.  In carrying out the provisions of this article, the
Secretary of State shall consult with and give consideration to the
recommendations of the  California Heritage Preservation
Commission   California Historical Records Advisory
Board  , which for that purpose shall serve in an advisory
capacity to the Secretary of State.
   SEC. 10.    Section 12232 of the  
Government Code   is amended to read: 
   12232.  The Secretary of State shall utilize the 
California State Library   California Historical Records
Advisory Board  to advise, encourage, and coordinate the
activities of the county historical records commissions, either
designated or appointed by the county boards of supervisors pursuant
to Section 26490. The chairman or his or her designee of each county
historical records commission may attend an annual meeting 
with the California State Library  , at state expense, to
receive advice in the preservation of local government archives and
public library collections of historical materials.
   SEC. 11.    Section 12233 of the  
Government Code   is amended to read: 
   12233.   (a)    The Secretary of
State shall conduct under the administration of the State Archives a
regular governmental history documentation program to provide
through the use of oral history a continuing documentation of state
policy development as reflected in California's legislative and
executive history. The secretary may contract with oral history units
affiliated with public or private nonprofit colleges, universities,
or historical societies located in California to perform selected
program activities. The secretary shall prescribe professional
standards for the accomplishment and governance of the program.

   (b) The Secretary of State shall submit annually a report to the
Legislature on the program conducted pursuant to this section.

   SEC. 12.    Section 12234 of the  
Government Code   is repealed.  
   12234.  The secretary shall conduct a feasibility study to assess
the needs, costs, and appropriate location for a new facility or
conversion of an existing facility, or both, to house the collections
and operations of the California State Archives for at least the
next 50 years. The study shall take into consideration the
appropriateness of combining compatible needs of other agencies to
allow for cost-effective construction or conversion, or both, of
facilities. 
   SEC. 13.    Section 12235 of the  
Government Code   is repealed. 
   12235.  (a) The Director of General Services, as agent for the
Secretary of State, shall construct on Site 7, Capital Area Plan, a
Secretary of State and State Archives Building Complex, parking
facilities, and any other improvements, betterments, and facilities
related thereto, for the primary use of the Secretary of State and
State Archives as outlined in the study report required by Section
12234.
   (b) Revenue bonds, negotiable notes, and negotiable bond
anticipation notes may be issued by the State Public Works Board
pursuant to the State Building Construction Act of 1955, Part 10b
(commencing with Section 15800), to finance the construction and
equipping of the Secretary of State and State Archives Building
Complex, parking facilities, and any other improvements, betterments,
and facilities related thereto as described in subdivision (a).
   (c) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
construction and equipping of the complex and facilities, the cost of
working drawings, sums necessary to pay financing costs, including
interest during construction, and a reasonable reserve fund.
Construction costs shall not exceed one hundred million dollars
($100,000,000) based on the Lee-Saylor Cost Index 433.
   (d) The amount of negotiable bond anticipation notes sold shall
not exceed the amount of revenue bonds and negotiable notes
authorized by this section. Any augmentation of the approved project
costs shall be subject to Section 13332.11. The board may borrow
funds for project costs from the Pooled Money Investment Account
pursuant to Sections 16312 and 16313.
   (e)  At least 20 days prior to the award of the principal bid for
the construction of the complex, the director shall notify the
chairpersons of the fiscal committees of each house of the
Legislature of the amount of the bid.
   (f) (1) The Director of General Services may lease the complex and
facilities financed with the proceeds of the revenue bonds,
negotiable notes, or negotiable bond anticipation notes from the
board pursuant to Section 15817 for use by the Secretary of State and
State Archives.
   (2) The director shall notify the Chairperson of the Joint
Legislative Budget Committee of the director's intention to execute
any lease agreement authorized by paragraph (1) at least 20 days
prior to its execution. 
   SEC. 14.    Section 12236 of the  
Government Code   is amended to read: 
   12236.  (a) The Secretary of State shall establish  the
  a  Local Government Records Program to be
administered by the State Archives to establish guidelines for local
government records retention and to provide archival support to local
agencies in this state.
   (b) The Secretary of State shall establish, publish, update, and
maintain on a permanent basis guidelines for local government records
retention. The Secretary of State may consult with appropriate
professional organizations representing city, county, and special
district records administrators regarding the establishment of these
guidelines.
   (c) The program shall be primarily responsible for the performance
of the following functions:
   (1) Publish the guidelines developed pursuant to subdivision (b)
in paper form initially and on the Internet web site for the
Secretary of State.
   (2) Monitor and review changes in state laws and administrative
regulations that pertain to local government records retention.
   (3) Monitor practices and procedures in records administration
that have bearing on local government records retention and
management.
   (4) Update published guidelines on a current and timely basis as
changes occur.
   (5) Make supporting information about state laws and
administrative regulations that pertain to local government records
retention available to local government agencies.
   (6) Function as the liaison for the State Archives with
appropriate professional organizations.
   (7) Maintain communication with individual local government
agencies.
   (8) Consult and provide information and advice to local government
agencies on archival  and records management practices.
   (9) Consult and provide information and advice to local government
agencies on history and heritage.
   SEC. 15.    Article 7 (commencing with Section 12270)
is added to Chapter 3 of Part 2 of Division   3 of Title 2
of the   Government Code   , to read:  

      Article 7.  State Records Management Act


   12270.  This article shall be known as the State Records
Management Act.
   12271.  For the purposes of this article, the following terms
shall have the following meanings:
   (a) "Acquire" includes acquisition by gift, purchase, lease,
eminent domain, or otherwise.
   (b) "Archival value" means the ongoing usefulness or significance
of a record based on the administrative, legal, fiscal, evidential,
or historical information it contains, justifying its permanent
preservation.
   (c) "Public record plant" means the plant, or any part thereof, or
any record therein, of any person engaged in the business of
searching or publishing public records or insuring or guaranteeing
titles to real property, including copies of public records or
abstracts and memoranda taken from public records that are owned by
or in possession of that person or that are used by that person in
his or her business.
   (d) "Public use form" means a form used by the state to obtain or
to solicit facts, opinions, or other information from the public or a
private citizen, partnership, corporation, organization, business
trust, or nongovernmental entity or legal representative thereof.
   (e) "Record" means a paper, map, exhibit, magnetic or paper tape,
photographic film or print, punched card, and other documents
produced, received, owned, or used by an agency, regardless of its
physical form or characteristics. Library and museum materials made
or acquired and preserved solely for reference or exhibition purposes
and stocks of publications and of processed documents are not
included within the definition of the term "record" as used in this
article.
   12272.  (a) The Secretary of State shall establish and administer
a records management program that will apply efficient and economical
management methods to the creation, utilization, maintenance,
retention, preservation, and disposal of state records.
   (b) The duties of the Secretary of State shall include, but shall
not be limited to:
   (1) Establishing standards, procedures, and techniques for
effective management of records.
   (2) Obtaining from agencies reports required for the
administration of the program.
   12273.  Notwithstanding any other law, a record held in the State
Records Center or by a state agency determined by the Secretary of
State to have archival value and to be at risk of damage or loss, or
in poor physical condition, shall be transferred to the State
Archives at the direction of the Secretary of State with notification
to the head of the agency not less than 10 days prior to the
transfer. The Secretary of State shall enforce all statutory
requirements regarding the confidentiality of records transferred to
the State Archives pursuant to this section and shall make the
records available to authorized individuals or the public, as
determined by applicable law.
   12274.  The head of a state agency shall do all of the following:
   (a) Establish and maintain an active, continuing program for the
economical and efficient management of the records and information
collection practices of the agency. The program shall ensure that the
information needed by the agency may be obtained with a minimum
burden upon individuals and businesses, especially small business
enterprises and others required to furnish the information.
Unnecessary duplication of efforts in obtaining information shall be
eliminated as rapidly as practical. Information collected by the
agency shall, as far as is expedient, be collected and tabulated in a
manner that maximizes the usefulness of the information to other
state agencies and the public.
   (b) Determine, with the concurrence of the Secretary of State,
records essential to the functioning of state government in the event
of a major disaster.
   (c) When requested by the Secretary of State, provide a written
justification for storage or extension of scheduled retention of a
record in the State Records Center for a period of 50 years or more.
   (d) Comply with the rules, regulations, standards, and procedures
issued by the Secretary of State.
   12275.  (a) A record shall not be destroyed or otherwise disposed
of by an agency of the state, unless it is determined by the
Secretary of State that the record has no further administrative,
legal, or fiscal value and the Secretary of State has determined that
the record is inappropriate for preservation in the State Archives.
   (b) The Secretary of State shall not authorize the destruction of
a record subject to audit until he or she has determined that the
audit has been performed.
   (c) The Secretary of State shall not authorize the destruction of
all or any part of an agency rulemaking file subject to Section
11347.3.
   12276.  (a) The public records of a state agency may be
microfilmed, electronically data imaged, or otherwise
photographically reproduced and certified upon the written
authorization of the head of the agency. The microfilming, electronic
data imaging, or photographic reproduction shall be made in
compliance with the minimum standards or guidelines, or both, as
recommended by the American National Standards Institute or the
Association for Information and Image Management, and as adopted by
the Secretary of State, for recording of permanent records or
nonpermanent records.
   (b) The certification of each reproduction or set of reproductions
shall be in accordance with the standards, or have the approval, of
the Attorney General. The certification shall contain a statement of
the identity, description, and disposition or location of the records
reproduced, the date, reason, and authorization for the
reproduction, and other information that the Attorney General
requires.
   (c) The certified reproductions shall be deemed to be original
public records for all purposes, including introduction in courts of
law and state agencies.
   12277.  A person, other than a temporary employee, serving in the
state civil service and employed by the Department of General
Services in the State Records Program shall remain in the state civil
service and is hereby transferred to the Secretary of State. The
status, position, and rights of the person shall not be affected by
the transfer and shall continue to be retained by the person pursuant
to the State Civil Service Act.
   12278.  All equipment and records in the State Records Program in
the Department of General Services are transferred to the Secretary
of State.
   12279.  If a public record of a state agency has been lost or
destroyed by conflagration or other public calamity, the Secretary of
State may acquire the right to reproduce any portion of a public
record plant as is necessary for the purpose of restoring or
replacing the record or its substance. 
   SEC. 16.    Section 14740 of the  
Government Code   is amended to read: 
   14740.  This chapter shall be known as the  " 
State Records  Management   Storage  Act.
 " 
   SEC. 17.    Section 14745 of the  
Government Code   is amended to read: 
   14745.  The director shall establish and administer in the
executive branch of state government a records  management
  storage  program  , which  
that  will apply efficient and economical  management
  records storage  methods to the 
creation, utilization, maintenance, retention, preservation,
and disposal of state records.
   SEC. 18.    Section 14746 of the  
Government Code   is amended to read: 
   14746.  The duties of the director shall include  ,  but
not be limited to:
   (a) Establishing standards, procedures, and techniques for
effective  management   storage  of
records.
   (b) Providing appropriate protection for records designated by
state agencies, with the concurrence of the director, as essential to
the functioning of state government in the event of a major
disaster.
   (c) Obtaining from agencies reports required for the
administration of the program. 
   (d) Establishing, maintaining, and operating record centers for
the storage, processing, and servicing of scheduled records for state
agencies pending their deposit with the State Archives or their
disposition in any other manner authorized by law. 
   SEC. 19.   Article 3 (commencing with Section 14750)
of Chapter 5 of Part 5.5 of Division 3   of Title 2 of the
  Government Code   is repealed.
   SEC. 20.    Article 4 (commencing with Section 14755)
of Chapter 5 of Part 5.5 of Division 3   of Title 2 of the
  Government Code   is repealed. 
   SEC. 21.    Article 6 (commencing with Section 14765)
of Chapter 5 of Part 5.5 of Division 3   of Title 2 of the
  Government Code   is repealed. 
   SEC. 22.    Article 7 (commencing with Section 14769)
of Chapter 5 of Part 5.5 of Division 3   of Title 2 of the
  Government Code   is repealed. 
   SEC. 23.    Section 135 of the   Labor Code
  is amended to read: 
   135.  In accordance with rules of practice and procedure that it
may adopt, the appeals board may, with the approval of the 
Department of Finance   Secretary of State  ,
destroy or otherwise dispose of any file kept by it in connection
with any proceeding under Division 4 (commencing with Section 3200)
or Division 4.5 (commencing with Section 6100).