Amended in Senate April 4, 2013

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 12168.7, end insert 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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12168.7 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin delete , in consultation with
the Department of General Services, end delete 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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.

begin delete SEC. 5. end delete
begin insert SEC. 6. 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. 6. end delete
begin insert SEC. 7. 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 delete SEC. 7. end delete
begin insert SEC. 8. end insert   

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.

begin delete SEC. 8. end delete
begin insert SEC. 9. end insert   

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.

begin delete SEC. 9. end delete
begin insert SEC. 10. end insert   

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.

begin delete SEC. 10. end delete
begin insert SEC. 11. end insert   

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.

begin delete SEC. 11. end delete
begin insert SEC. 12. end insert   

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.

begin delete SEC. 12. end delete
begin insert SEC. 13. end insert   

Section 12234 of the Government Code is repealed.

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

Section 12235 of the Government Code is repealed.

begin delete SEC. 14. end delete
begin insert SEC. 15. end insert   

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.

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

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 begin delete State end delete begin insert California end insert Records begin insert and Information
Management end insert 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 begin delete State end delete begin insert California end insert
Records begin insert and Information Management end insert 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.

begin delete SEC. 16. end delete
begin insert SEC. 17. end insert   

Section 14740 of the Government Code is amended
to read:

14740.  

This chapter shall be known as the State Records
Storage Act.

begin delete SEC. 17. end delete
begin insert SEC. 18. end insert   

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.

begin delete SEC. 18. end delete
begin insert SEC. 19. end insert   

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.

begin delete SEC. 19. end delete
begin insert SEC. 20. end insert   

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.

begin delete SEC. 20. end delete
begin insert SEC. 21. end insert   

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.

begin delete SEC. 21. end delete
begin insert SEC. 22. end insert   

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.

begin delete SEC. 22. end delete
begin insert SEC. 23. end insert   

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.

begin delete SEC. 23. end delete
begin insert SEC. 24. end insert   

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).