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 6204 of the Government Code is amended
2to read:
(a) For purposes of this chapter, the following definitions
4shall apply:
5(1) “Archivist” means thebegin delete Keeperend deletebegin insert Chiefend insert ofbegin delete theend delete Archives, as
6specified in Section 12227.
7(2) “Record” has the same meaning as “public records” is
8defined in subdivision (e) of Section 6252, and includes, but is not
P2 1limited to, any writing containing information relating to the
2conduct of the public’s business prepared, owned, used, or retained
3by a state or local
agency regardless of physical form or
4characteristics.
5(3) “Secretary” means the Secretary of State.
6(b) Whenever the secretary, in consultation with the archivist,
7has reasonable grounds to believe that a record belonging to the
8state or a local agency is in the possession of a person, organization,
9or institution not authorized by law to possess those records, the
10secretary may issue a written notice demanding that person,
11organization, or institution to do either of the following within 20
12calendar days of receiving the notice:
13(1) Return the record to the appropriate state or local agency.
14(2) Respond in writing and declare why the record does not
15belong to the state or a local agency.
16(c) The notice and demand issued pursuant to subdivision (b)
17shall identify the record claimed to belong to the state or local
18agency with reasonable specificity, and shall state that the secretary
19is authorized to take legal action to recover the record if the person,
20organization, or institution fails to respond in writing within the
21required time or does not adequately demonstrate that the record
22does not belong to the state or a local agency.
23(d) The secretary shall send the notice and demand specified in
24subdivision (b) by certified or registered mail, return receipt
25requested.
26(e) When a record is returned pursuant to paragraph (1) of
27subdivision (b), upon the request of the person, organization, or
28institution that returned the record, the secretary or a local agency
29that receives the record shall issue to that person, organization, or
30institution a copy or
digital image of the record, which shall be
31certified as a true copy of the record that was returned to the state
32or local agency, and dated on the same day the record was returned.
Section 12153 of the Government Code is amended
34to read:
The Secretary of State shall appoint a competent person
36to the position ofbegin delete Keeperend deletebegin insert Chiefend insert ofbegin delete theend delete Archives.
37In case of hisbegin insert or herend insert absence or inability to perform the duties
38of hisbegin insert or herend insert position, the Secretary of State shall designate some
39other competent person to act in hisbegin insert
or herend insert place.
Section 12227 of the Government Code is amended
2to read:
Thebegin delete Keeperend deletebegin insert Chiefend insert ofbegin delete theend delete Archives is responsible for the
4preservation and indexing of material deposited in the State
5begin delete archivesend deletebegin insert Archivesend insert, and shall make the material readily available
6for use.
Section 12228 of the Government Code is amended
8to read:
Thebegin delete Keeperend deletebegin insert Chiefend insert ofbegin delete theend delete Archives shall give an
10appropriate receipt for all material received by himbegin insert or herend insert as a part
11of the archives.
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