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 4, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Block

                        FEBRUARY 21, 2013

   An act to amend Sections 6204, 12153,  12168.7,  12224,
12225, 12227, 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 records.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 479, as amended, Block. 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 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 12168.7 of the  
Government Code   is amended to read: 
   12168.7.  (a) The California Legislature hereby recognizes the
need to adopt uniform statewide standards for the purpose of storing
and recording permanent and nonpermanent documents in electronic
media.
   (b) In order to ensure that uniform statewide standards remain
current and relevant, the Secretary of State  , in
consultation with the Department of General Services,  shall
approve and adopt appropriate standards established by the American
National Standards Institute or the Association for Information and
Image Management.
   (c) The standards specified in subdivision (b) shall include a
requirement that a trusted system be utilized. For this purpose and
for purposes of Sections 25105, 26205, 26205.1, 26205.5, 26907,
27001, 27322.2, 34090.5, and 60203, Section 102235 of the Health and
Safety Code, and Section 10851 of the Welfare and Institutions Code,
"trusted system" means a combination of techniques, policies, and
procedures for which there is no plausible scenario in which a
document retrieved from or reproduced by the system could differ
substantially from the document that is originally stored.
   (d) In order to develop statewide standards as expeditiously as
possible, and until the time that statewide standards are adopted
pursuant to subdivision (b), state officials shall ensure that
microfilming, electronic data imaging, and photographic reproduction
are done 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 for recording of
permanent records or nonpermanent records.
   SEC. 3.   SEC. 4.   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.
   SEC. 4.   SEC. 5.   Section 12225 of the
Government Code is amended to read:
   12225.  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. 5.   SEC. 6.   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. 6.   SEC. 7.   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.   SEC. 8.   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.   SEC. 9.   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.
   SEC. 9.   SEC. 10.   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 Historical Records Advisory Board,
which for that purpose shall serve in an advisory capacity to the
Secretary of State.
   SEC. 10.   SEC. 11.   Section 12232 of
the Government Code is amended to read:
   12232.  The Secretary of State shall utilize the 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, at state expense, to receive advice in the
preservation of local government archives and public library
collections of historical materials.
   SEC. 11.  SEC. 12.   Section 12233 of
the Government Code is amended to read:
   12233.  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.
   SEC. 12.   SEC. 13.   Section 12234 of
the Government Code is repealed.
   SEC. 13.   SEC. 14.   Section 12235 of
the Government Code is repealed.
   SEC. 14.   SEC. 15.   Section 12236 of
the Government Code is amended to read:
   12236.  (a) The Secretary of State shall establish 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.   SEC. 16.   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   California 
Records  and Information Management  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 
 California  Records  and Information Management 
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.   SEC. 17.   Section 14740 of
the Government Code is amended to read:
   14740.  This chapter shall be known as the State Records Storage
Act.
   SEC. 17.   SEC. 18.   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 storage program that
will apply efficient and economical records storage methods to the
utilization, maintenance, retention, preservation, and disposal of
state records.
   SEC. 18.   SEC. 19.   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 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.   SE   C. 20. 
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.   SEC. 21.   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.   SEC. 22.   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.   SEC. 23.   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.   SEC. 24.   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 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).