BILL NUMBER: SB 479 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 14, 2013
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 amend and repeal Sections 12234 and
12235 of, to add Sections 14751, 14757, 14768.1, and
14769.1 to, and 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 , on July 1, 2014, 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 , on July 1, 2014, 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 , on July 1, 2014, 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 , on July 1, 2014, make
technical, nonsubstantive, and conforming changes to these
provisions.
This bill would provide that it shall become operative only if
funds are appropriated to the Secretary of State for the California
Records and Information Management Program. This bill would require
the Secretary of State to provide notice to the Legislative Counsel
and post notice on its Internet Web site when the appropriation has
been made.
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.
(f) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 2. Section 12153 of the Government Code is amended to read:
12153. (a) 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.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
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 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.
(e) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 4. Section 12224 of the Government Code is amended to read:
12224. (a) The Secretary of State may
receive into the archives any item that he or she deems to be of
historical value.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 5. Section 12225 of the Government Code is amended to read:
12225. (a) 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.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 6. Section 12227 of the Government Code is amended to read:
12227. (a) 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.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 7. Section 12228 of the Government Code is amended to read:
12228. (a) The Chief of Archives shall give
an appropriate receipt for all material received by him or her as a
part of the archives.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 8. Section 12229 of the Government Code is amended to read:
12229. (a) 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.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 9. Section 12230 of the Government Code is amended to read:
12230. (a) The Secretary of State shall
establish a Document Preservation Shop and an Indexing Section to
facilitate the preservation and indexing of the archives.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 10. Section 12231 of the Government Code is amended to read:
12231. (a) 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.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 11. Section 12232 of the Government Code is amended to read:
12232. (a) 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.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 12. 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) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 13. Section 12234 of the Government Code
is repealed.
SEC. 13. Se ction 12234 of the
Government Code is amended to read:
12234. (a) 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.
(b) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 14. Section 12235 of the Government Code
is repealed.
SEC. 14. Section 12235 of the
Government Code is amended to read:
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.
(g) This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.
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.
(d) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
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.
The Secretary of State shall review and approve any scheduled
retention of a record in the State Records center exceeding a period
of 50 years or more. A record deemed to have archival value as
defined by subdivision (b) of Section 12271 shall be transferred to
the State Archives.
(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 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 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.
12280. This article shall become operative on July 1, 2014.
SEC. 17. Section 14740 of the Government Code is amended to read:
14740. (a) This chapter shall be known as
the State Records Storage Act.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 18. Section 14745 of the Government Code is amended to read:
14745. (a) 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.
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
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.
(e) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 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. Section 14751 is added to the
Government Code , to read:
14751. This article shall become inoperative on July 1, 2014,
and, as of January 1, 2015, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2015, deletes
or extends the dates on which it becomes inoperative and is
repealed.
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. Section 14757 is added to the
Government Code , to read:
14757. This article shall become inoperative on July 1, 2014,
and, as of January 1, 2015, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2015, deletes
or extends the dates on which it becomes inoperative and is
repealed.
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. Section 14768.1 is added to the
Government Code , to read:
14768.1. This article shall become inoperative on July 1, 2014,
and, as of January 1, 2015, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2015, deletes
or extends the dates on which it becomes inoperative and is
repealed.
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. Section 14769.1 is added to the
Government Code , to read:
14769.1. This article shall become inoperative on July 1, 2014,
and, as of January 1, 2015, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2015, deletes
or extends the dates on which it
becomes inoperative and is repealed.
SEC. 24. Section 135 of the Labor Code is amended to read:
135. (a) 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).
(b) Notwithstanding any other law, the amendments made to this
section by the act adding this subdivision shall become operative on
July 1, 2014.
SEC. 25. (a) This act shall
become operative only if funds are appropriated to the Secretary of
State for the California Records and Information Management Program.
(b) The Secretary of State shall provide notice to the Legislative
Counsel and post notice on its Internet Web site when the
appropriation specified in subdivision (a) has been made.