BILL NUMBER: AB 2719	CHAPTERED  09/25/04

	CHAPTER  783
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2004
	PASSED THE ASSEMBLY  AUGUST 16, 2004
	PASSED THE SENATE  AUGUST 10, 2004
	AMENDED IN SENATE  JUNE 29, 2004
	AMENDED IN SENATE  JUNE 17, 2004

INTRODUCED BY   Assembly Member Laird

                        FEBRUARY 20, 2004

   An act to add Section 12237 to the Government Code, relating to
State Archives.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2719, Laird.  State Archives:  public access.
   Existing law provides for the State Archives, with the Secretary
of State as custodian, and requires the secretary to receive into the
archives any item, including any paper, document, book, map, or
other type of record, that is required by law to be delivered to or
filed with the secretary.
   The existing California Public Records Act provides that, except
for exempt records, every state or local agency, upon request, shall
make records available to any person upon payment of fees to cover
costs.
   This bill would provide that, notwithstanding any provision of the
act, any provision of law that exempts from public disclosure any
item in the custody of the State Archives shall not apply to that
item 75 years after the item was created, irrespective of the origin
of the item, the manner in which it was deposited with the State
Archives, or any other condition or circumstance at the time the item
was deposited.  It would require the State Archives to notify any
party who deposits any item in the State Archives in the future of
these provisions and would require the Secretary of State's Internet
Web site to include a public notice about these provisions.


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


  SECTION 1.  Section 12237 is added to the Government Code, to read:

   12237.  (a) Notwithstanding any provision of Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1, any
provision of law that exempts from public disclosure any item in the
custody of the State  Archives shall not apply to that item 75 years
after the item was created, irrespective of the origin of the item,
the manner in which it was deposited with the State Archives, or any
other condition or circumstance at the time the item was deposited.
   (b) Subdivision (a) shall apply to any item currently in the
custody of the State Archives and any item deposited in the State
Archives after the effective date of this section.
   (c) The State Archives shall notify any party who deposits any
item in the State Archives after the effective date of this section
of the provisions of subdivision (a).
   (d) The Secretary of State's Internet Web site shall include a
public notice stating that on or after January 1, 2005, all items 75
years old or older that are on deposit in the State Archives shall be
accessible to the public.