Amended in Senate April 1, 2013

Senate Bill No. 479

Introduced by Senator Block

February 21, 2013

An act to amend Sections 6204, 12153, begin insert 12224, 12225, end insert 12227, begin delete and end delete 12228 begin insert , 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 end insert of begin insert , end insert the Government Code, begin insert and to amend Section 135 of the Labor Code, end insert relating to state begin delete government end delete begin insert records end insert .

LEGISLATIVE COUNSEL’S DIGEST

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

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.

begin insert

Existing law, the State Records Management Act, provides for the Department of General Services to manage state records, as specified.

end insert begin insert

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.

end insert begin insert

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.

end insert begin insert

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.

end insert

This bill would also make technical, nonsubstantive begin insert , and conforming end insert 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 begin delete those records end delete begin insert that
record end insert , 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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12224 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

12224.  

The Secretary of State may receive into the archives
any item that he begin insert or she end insert deems to be of historical value begin delete and shall
receive into the archives any other item from a state agency if
directed to do so by the Department of General Services end delete .

begin insert

begin insert SEC. end insert begin insert 4. end insert   

end insert

begin insert Section 12225 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

12225.  

begin delete With the approval of the Department of General
Services, the end delete begin insert The end insert Secretary of State may at any time return to the
state agency from which it was received any item in the archives
which he begin insert or she end insert does not deem to be of historical value.

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

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.

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

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.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 12229 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

12229.  

The Secretary of State may maintain any item in an
active file in his begin insert or her end insert office for such time as he begin insert or she end insert deems
proper before transferring it to the archives.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 12230 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

12230.  

The Secretary of State shall establish a Document
Preservation Shop and an Indexing Section to facilitate the
preservation and indexing of the archives. begin delete He shall also prepare
exhibitions of documentary materials from the archives to be
displayed in the State Capitol Building. end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 12231 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

12231.  

In carrying out the provisions of this article, the
Secretary of State shall consult with and give consideration to the
recommendations of the begin delete California Heritage Preservation
Commission end delete begin insert California Historical Records Advisory Board end insert , which
for that purpose shall serve in an advisory capacity to the Secretary
of State.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 12232 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

12232.  

The Secretary of State shall utilize the begin delete California State
Library end delete begin insert California Historical Records Advisory Board end insert 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 begin delete with the California State Library end delete ,
at state expense, to receive advice in the preservation of local
government archives and public library collections of historical
materials.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 12233 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

12233.  

begin delete (a) end delete begin delete   end delete 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.

begin delete

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

end delete

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 12234 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

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.

end delete

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 12235 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

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.

end delete

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 12236 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

12236.  

(a) The Secretary of State shall establish begin delete the end delete begin insert a end insert 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 begin insert and records management end insert
practices.

(9) Consult and provide information and advice to local
government agencies on history and heritage.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Article 7 (commencing with Section 12270) is added
to Chapter 3 of Part 2 of Division 3 of Title 2 of the end insert begin insert Government
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 7. end insert   State Records Management Act

 

begin insert 12270. end insert   

This article shall be known as the State Records
Management Act.

begin insert 12271. end insert   

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.

begin insert 12272. end insert   

(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.

begin insert 12273. end insert   

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.

begin insert 12274. end insert   

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.

begin insert 12275. end insert   

(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.

begin insert 12276. end insert   

(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.

begin insert 12277. end insert   

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.

begin insert 12278. end insert   

All equipment and records in the State Records Program
in the Department of General Services are transferred to the
Secretary of State.

begin insert 12279. end insert   

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.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 14740 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

14740.  

This chapter shall be known as the begin delete “ end delete State Records
begin delete Management end delete begin insert Storage end insert Act. begin delete ” end delete

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 14745 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

14745.  

The director shall establish and administer in the
executive branch of state government a records begin delete management end delete
begin insert storage end insert program begin delete , which end delete begin insert that end insert will apply efficient and economical
begin delete management end delete begin insert records storage end insert methods to the begin delete creation, end delete utilization,
maintenance, retention, preservation, and disposal of state records.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 14746 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

14746.  

The duties of the director shall include begin insert , end insert but not be
limited to:

(a) Establishing standards, procedures, and techniques for
effective begin delete management end delete begin insert storage end insert 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.

begin insert

(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.

end insert

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Article 3 (commencing with Section 14750) of Chapter
5 of Part 5.5 of Division 3 of Title 2 of the end insert begin insert Government Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Article 4 (commencing with Section 14755) of Chapter
5 of Part 5.5 of Division 3 of Title 2 of the end insert begin insert Government Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Article 6 (commencing with Section 14765) of Chapter
5 of Part 5.5 of Division 3 of Title 2 of the end insert begin insert Government Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Article 7 (commencing with Section 14769) of Chapter
5 of Part 5.5 of Division 3 of Title 2 of the end insert begin insert Government Code end insert begin insert is
repealed. end insert

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 135 of the end insert begin insert Labor Code end insert begin insert is amended to read: end insert

135.  

In accordance with rules of practice and procedure that it
may adopt, the appeals board may, with the approval of the
begin delete Department of Finance end delete begin insert Secretary of State end insert , 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).