Amended in Assembly August 14, 2013

Amended in Senate April 4, 2013

Amended in Senate April 1, 2013

Senate BillNo. 479


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,begin insert to amend and repeal Sections 12234 and 12235 of,end insert to addbegin insert Sections 14751, 14757, 14768.1, and 14769.1 to, andend insertbegin insert to addend insert Article 7 (commencing with Section 12270) to Chapter 3 of Part 2 of Division 3 of Title 2 of,begin delete to repeal Sections 12234 and 12235 of,end delete 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 wouldbegin insert, on July 1, 2014,end insert 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 wouldbegin insert, on July 1, 2014,end insert 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 insteadbegin insert, on July 1, 2014,end insert 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 alsobegin insert, on July 1, 2014,end insert make technical, nonsubstantive, and conforming changes to these provisions.

begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 6204 of the Government Code is amended
2to read:

3

6204.  

(a) For purposes of this chapter, the following definitions
4shall apply:

5(1) “Archivist” means the Chief of Archives, as specified in
6Section 12227.

7(2) “Record” has the same meaning as “public records” is
8defined in subdivision (e) of Section 6252, and includes, but is not
9limited to, any writing containing information relating to the
10conduct of the public’s business prepared, owned, used, or retained
11by a state or local agency regardless of physical form or
12characteristics.

13(3) “Secretary” means the Secretary of State.

14(b) Whenever the secretary, in consultation with the archivist,
15has reasonable grounds to believe that a record belonging to the
P3    1state or a local agency is in the possession of a person, organization,
2or institution not authorized by law to possess that record, the
3secretary may issue a written notice demanding that person,
4organization, or institution to do either of the following within 20
5calendar days of receiving the notice:

6(1) Return the record to the appropriate state or local agency.

7(2) Respond in writing and declare why the record does not
8belong to the state or a local agency.

9(c) The notice and demand issued pursuant to subdivision (b)
10shall identify the record claimed to belong to the state or local
11agency with reasonable specificity, and shall state that the secretary
12is authorized to take legal action to recover the record if the person,
13organization, or institution fails to respond in writing within the
14required time or does not adequately demonstrate that the record
15does not belong to the state or a local agency.

16(d) The secretary shall send the notice and demand specified in
17subdivision (b) by certified or registered mail, return receipt
18requested.

19(e) When a record is returned pursuant to paragraph (1) of
20subdivision (b), upon the request of the person, organization, or
21institution that returned the record, the secretary or a local agency
22that receives the record shall issue to that person, organization, or
23institution a copy or digital image of the record, which shall be
24certified as a true copy of the record that was returned to the state
25or local agency, and dated on the same day the record was returned.

begin insert

26(f) Notwithstanding any other law, the amendments made to
27this section by the act adding this subdivision shall become
28operative on July 1, 2014.

end insert
29

SEC. 2.  

Section 12153 of the Government Code is amended
30to read:

31

12153.  

begin insert(a)end insertbegin insertend insert The Secretary of State shall appoint a competent
32person to the position of Chief of Archives.

33In case of his or her absence or inability to perform the duties
34of his or her position, the Secretary of State shall designate some
35other competent person to act in his or her place.

begin insert

36(b) Notwithstanding any other law, the amendments made to
37this section by the act adding this subdivision shall become
38operative on July 1, 2014.

end insert
39

SEC. 3.  

Section 12168.7 of the Government Code is amended
40to read:

P4    1

12168.7.  

(a) The California Legislature hereby recognizes the
2need to adopt uniform statewide standards for the purpose of
3storing and recording permanent and nonpermanent documents in
4electronic media.

5(b) In order to ensure that uniform statewide standards remain
6current and relevant, the Secretary of State shall approve and adopt
7appropriate standards established by the American National
8Standards Institute or the Association for Information and Image
9Management.

10(c) The standards specified in subdivision (b) shall include a
11requirement that a trusted system be utilized. For this purpose and
12for purposes of Sections 25105, 26205, 26205.1, 26205.5, 26907,
1327001, 27322.2, 34090.5, and 60203, Section 102235 of the Health
14and Safety Code, and Section 10851 of the Welfare and Institutions
15Code, “trusted system” means a combination of techniques,
16policies, and procedures for which there is no plausible scenario
17in which a document retrieved from or reproduced by the system
18could differ substantially from the document that is originally
19stored.

20(d) In order to develop statewide standards as expeditiously as
21possible, and until the time that statewide standards are adopted
22pursuant to subdivision (b), state officials shall ensure that
23microfilming, electronic data imaging, and photographic
24reproduction are done in compliance with the minimum standards
25or guidelines, or both, as recommended by the American National
26Standards Institute or the Association for Information and Image
27Management for recording of permanent records or nonpermanent
28records.

begin insert

29(e) Notwithstanding any other law, the amendments made to
30this section by the act adding this subdivision shall become
31operative on July 1, 2014.

end insert
32

SEC. 4.  

Section 12224 of the Government Code is amended
33to read:

34

12224.  

begin insert(a)end insertbegin insertend insert The Secretary of State may receive into the archives
35any item that he or she deems to be of historical value.

begin insert

36(b) Notwithstanding any other law, the amendments made to
37this section by the act adding this subdivision shall become
38operative on July 1, 2014.

end insert
39

SEC. 5.  

Section 12225 of the Government Code is amended
40to read:

P5    1

12225.  

begin insert(a)end insertbegin insertend insert The Secretary of State may at any time return to
2the state agency from which it was received any item in the
3archives which he or she does not deem to be of historical value.

begin insert

4(b) Notwithstanding any other law, the amendments made to
5this section by the act adding this subdivision shall become
6operative on July 1, 2014.

end insert
7

SEC. 6.  

Section 12227 of the Government Code is amended
8to read:

9

12227.  

begin insert(a)end insertbegin insertend insert The Chief of Archives is responsible for the
10preservation and indexing of material deposited in the State
11Archives, and shall make the material readily available for use.

begin insert

12(b) Notwithstanding any other law, the amendments made to
13this section by the act adding this subdivision shall become
14operative on July 1, 2014.

end insert
15

SEC. 7.  

Section 12228 of the Government Code is amended
16to read:

17

12228.  

begin insert(a)end insertbegin insertend insert The Chief of Archives shall give an appropriate
18receipt for all material received by him or her as a part of the
19archives.

begin insert

20(b) Notwithstanding any other law, the amendments made to
21this section by the act adding this subdivision shall become
22operative on July 1, 2014.

end insert
23

SEC. 8.  

Section 12229 of the Government Code is amended
24to read:

25

12229.  

begin insert(a)end insertbegin insertend insert The Secretary of State may maintain any item in
26an active file in his or her office for such time as he or she deems
27proper before transferring it to the archives.

begin insert

28(b) Notwithstanding any other law, the amendments made to
29this section by the act adding this subdivision shall become
30operative on July 1, 2014.

end insert
31

SEC. 9.  

Section 12230 of the Government Code is amended
32to read:

33

12230.  

begin insert(a)end insertbegin insertend insert The Secretary of State shall establish a Document
34Preservation Shop and an Indexing Section to facilitate the
35preservation and indexing of the archives.

begin insert

36(b) Notwithstanding any other law, the amendments made to
37this section by the act adding this subdivision shall become
38operative on July 1, 2014.

end insert
39

SEC. 10.  

Section 12231 of the Government Code is amended
40to read:

P6    1

12231.  

begin insert(a)end insertbegin insertend insert In carrying out the provisions of this article, the
2Secretary of State shall consult with and give consideration to the
3recommendations of the California Historical Records Advisory
4Board, which for that purpose shall serve in an advisory capacity
5to the Secretary of State.

begin insert

6(b) Notwithstanding any other law, the amendments made to
7this section by the act adding this subdivision shall become
8operative on July 1, 2014.

end insert
9

SEC. 11.  

Section 12232 of the Government Code is amended
10to read:

11

12232.  

begin insert(a)end insertbegin insertend insert The Secretary of State shall utilize the California
12Historical Records Advisory Board to advise, encourage, and
13coordinate the activities of the county historical records
14commissions, either designated or appointed by the county boards
15of supervisors pursuant to Section 26490. The chairman or his or
16her designee of each county historical records commission may
17attend an annual meeting, at state expense, to receive advice in the
18preservation of local government archives and public library
19collections of historical materials.

begin insert

20(b) Notwithstanding any other law, the amendments made to
21this section by the act adding this subdivision shall become
22operative on July 1, 2014.

end insert
23

SEC. 12.  

Section 12233 of the Government Code is amended
24to read:

25

12233.  

begin insert(a)end insertbegin insertend insert The Secretary of State shall conduct under the
26administration of the State Archives a regular governmental history
27documentation program to provide through the use of oral history
28a continuing documentation of state policy development as
29reflected in California’s legislative and executive history. The
30secretary may contract with oral history units affiliated with public
31or private nonprofit colleges, universities, or historical societies
32located in California to perform selected program activities. The
33secretary shall prescribe professional standards for the
34accomplishment and governance of the program.

begin insert

35(b) Notwithstanding any other law, the amendments made to
36this section by the act adding this subdivision shall become
37operative on July 1, 2014.

end insert
begin delete38

SEC. 13.  

Section 12234 of the Government Code is repealed.

end delete
39begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 12234 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert

P7    1

12234.  

begin insert(a)end insertbegin insertend insert The secretary shall conduct a feasibility study to
2assess the needs, costs, and appropriate location for a new facility
3or conversion of an existing facility, or both, to house the
4collections and operations of the California State Archives for at
5least the next 50 years. The study shall take into consideration the
6appropriateness of combining compatible needs of other agencies
7to allow for cost-effective construction or conversion, or both, of
8facilities.

begin insert

9(b) This section shall become inoperative on July 1, 2014, and,
10as of January 1, 2015, is repealed, unless a later enacted statute,
11that becomes operative on or before January 1, 2015, deletes or
12extends the dates on which it becomes inoperative and is repealed.

end insert
begin delete13

SEC. 14.  

Section 12235 of the Government Code is repealed.

end delete
14begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 12235 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
15to read:end insert

16

12235.  

(a) The Director of General Services, as agent for the
17Secretary of State, shall construct on Site 7, Capital Area Plan, a
18Secretary of State and State Archives Building Complex, parking
19facilities, and any other improvements, betterments, and facilities
20related thereto, for the primary use of the Secretary of State and
21State Archives as outlined in the study report required by Section
2212234.

23(b) Revenue bonds, negotiable notes, and negotiable bond
24anticipation notes may be issued by the State Public Works Board
25pursuant to the State Building Construction Act of 1955, Part 10b
26(commencing with Section 15800), to finance the construction and
27equipping of the Secretary of State and State Archives Building
28Complex, parking facilities, and any other improvements,
29betterments, and facilities related thereto as described in
30subdivision (a).

31(c) The amount of revenue bonds, negotiable notes, or negotiable
32bond anticipation notes to be sold shall equal the cost of
33construction and equipping of the complex and facilities, the cost
34of working drawings, sums necessary to pay financing costs,
35including interest during construction, and a reasonable reserve
36fund. Construction costs shall not exceed one hundred million
37dollars ($100,000,000) based on the Lee-Saylor Cost Index 433.

38(d) The amount of negotiable bond anticipation notes sold shall
39not exceed the amount of revenue bonds and negotiable notes
40authorized by this section. Any augmentation of the approved
P8    1project costs shall be subject to Section 13332.11. The board may
2borrow funds for project costs from the Pooled Money Investment
3Account pursuant to Sections 16312 and 16313.

4(e)  At least 20 days prior to the award of the principal bid for
5the construction of the complex, the director shall notify the
6chairpersons of the fiscal committees of each house of the
7Legislature of the amount of the bid.

8(f) (1) The Director of General Services may lease the complex
9and facilities financed with the proceeds of the revenue bonds,
10negotiable notes, or negotiable bond anticipation notes from the
11board pursuant to Section 15817 for use by the Secretary of State
12and State Archives.

13(2) The director shall notify the Chairperson of the Joint
14Legislative Budget Committee of the director’s intention to execute
15any lease agreement authorized by paragraph (1) at least 20 days
16prior to its execution.

begin insert

17(g) This section shall become inoperative on July 1, 2014, and,
18as of January 1, 2015, is repealed, unless a later enacted statute,
19that becomes operative on or before January 1, 2015, deletes or
20extends the dates on which it becomes inoperative and is repealed.

end insert
21

SEC. 15.  

Section 12236 of the Government Code is amended
22to read:

23

12236.  

(a) The Secretary of State shall establish a Local
24Government Records Program to be administered by the State
25Archives to establish guidelines for local government records
26retention and to provide archival support to local agencies in this
27state.

28(b) The Secretary of State shall establish, publish, update, and
29maintain on a permanent basis guidelines for local government
30records retention. The Secretary of State may consult with
31appropriate professional organizations representing city, county,
32and special district records administrators regarding the
33establishment of these guidelines.

34(c) The program shall be primarily responsible for the
35performance of the following functions:

36(1) Publish the guidelines developed pursuant to subdivision
37(b) in paper form initially and on the Internet Web site for the
38Secretary of State.

39(2) Monitor and review changes in state laws and administrative
40regulations that pertain to local government records retention.

P9    1(3) Monitor practices and procedures in records administration
2that have bearing on local government records retention and
3management.

4(4) Update published guidelines on a current and timely basis
5as changes occur.

6(5) Make supporting information about state laws and
7administrative regulations that pertain to local government records
8retention available to local government agencies.

9(6) Function as the liaison for the State Archives with
10appropriate professional organizations.

11(7) Maintain communication with individual local government
12agencies.

13(8) Consult and provide information and advice to local
14government agencies on archival and records management
15practices.

16(9) Consult and provide information and advice to local
17government agencies on history and heritage.

begin insert

18(d) Notwithstanding any other law, the amendments made to
19this section by the act adding this subdivision shall become
20operative on July 1, 2014.

end insert
21

SEC. 16.  

Article 7 (commencing with Section 12270) is added
22to Chapter 3 of Part 2 of Division 3 of Title 2 of the Government
23Code
, to read:

24 

25Article 7.  State Records Management Act
26

 

27

12270.  

This article shall be known as the State Records
28Management Act.

29

12271.  

For the purposes of this article, the following terms
30shall have the following meanings:

31(a) “Acquire” includes acquisition by gift, purchase, lease,
32eminent domain, or otherwise.

33(b) “Archival value” means the ongoing usefulness or
34significance of a record based on the administrative, legal, fiscal,
35evidential, or historical information it contains, justifying its
36permanent preservation.

37(c) “Public record plant” means the plant, or any part thereof,
38or any record therein, of any person engaged in the business of
39searching or publishing public records or insuring or guaranteeing
40titles to real property, including copies of public records or
P10   1abstracts and memoranda taken from public records that are owned
2by or in possession of that person or that are used by that person
3in his or her business.

4(d) “Public use form” means a form used by the state to obtain
5or to solicit facts, opinions, or other information from the public
6or a private citizen, partnership, corporation, organization, business
7trust, or nongovernmental entity or legal representative thereof.

8(e) “Record” means a paper, map, exhibit, magnetic or paper
9tape, photographic film or print, punched card, and other documents
10produced, received, owned, or used by an agency, regardless of
11its physical form or characteristics. Library and museum materials
12made or acquired and preserved solely for reference or exhibition
13purposes and stocks of publications and of processed documents
14are not included within the definition of the term “record” as used
15in this article.

16

12272.  

(a) The Secretary of State shall establish and administer
17a records management program that will apply efficient and
18economical management methods to the creation, utilization,
19maintenance, retention, preservation, and disposal of state records.

20(b) The duties of the Secretary of State shall include, but shall
21not be limited to:

22(1) Establishing standards, procedures, and techniques for
23effective management of records.

24(2) Obtaining from agencies reports required for the
25administration of the program.

26

12273.  

Notwithstanding any other law, a record held in the
27State Records Center or by a state agency determined by the
28 Secretary of State to have archival value and to be at risk of damage
29or loss, or in poor physical condition, shall be transferred to the
30State Archives at the direction of the Secretary of State with
31notification to the head of the agency not less than 10 days prior
32to the transfer. The Secretary of State shall enforce all statutory
33requirements regarding the confidentiality of records transferred
34to the State Archives pursuant to this section and shall make the
35records available to authorized individuals or the public, as
36determined by applicable law.

37

12274.  

The head of a state agency shall do all of the following:

38(a) Establish and maintain an active, continuing program for
39the economical and efficient management of the records and
40information collection practices of the agency. The program shall
P11   1ensure that the information needed by the agency may be obtained
2with a minimum burden upon individuals and businesses, especially
3small business enterprises and others required to furnish the
4information. Unnecessary duplication of efforts in obtaining
5information shall be eliminated as rapidly as practical. Information
6collected by the agency shall, as far as is expedient, be collected
7and tabulated in a manner that maximizes the usefulness of the
8information to other state agencies and the public.

9(b) Determine, with the concurrence of the Secretary of State,
10records essential to the functioning of state government in the
11event of a major disaster.

12(c) When requested by the Secretary of State, provide a written
13justification for storage or extension of scheduled retention of a
14record in the State Records Center for a period of 50 years or more.
15begin insert The Secretary of State shall review and approve any scheduled
16retention of a record in the State Records center exceeding a period
17of 50 years or more. A record deemed to have archival value as
18defined by subdivision (b) of Section 12271 shall be transferred
19to the State Archives.end insert

20(d) Comply with the rules, regulations, standards, and procedures
21issued by the Secretary of State.

22

12275.  

(a) A record shall not be destroyed or otherwise
23disposed of by an agency of the state, unless it is determined by
24the Secretary of State that the record has no further administrative,
25legal, or fiscal value and the Secretary of State has determined that
26the record is inappropriate for preservation in the State Archives.

27(b) The Secretary of State shall not authorize the destruction of
28a record subject to audit until he or she has determined that the
29audit has been performed.

30(c) The Secretary of State shall not authorize the destruction of
31all or any part of an agency rulemaking file subject to Section
3211347.3.

33

12276.  

(a) The public records of a state agency may be
34microfilmed, electronically data imaged, or otherwise
35photographically reproduced and certified upon the written
36authorization of the head of the agency. The microfilming,
37electronic data imaging, or photographic reproduction shall be
38made in compliance with the minimum standards or guidelines,
39or both, as recommended by the American National Standards
40Institute or the Association for Information and Image
P12   1Management, and as adopted by the Secretary of State, for
2recording of permanent records or nonpermanent records.

3(b) The certification of each reproduction or set of reproductions
4shall be in accordance with the standards, or have the approval, of
5the Attorney General. The certification shall contain a statement
6of the identity, description, and disposition or location of the
7records reproduced, the date, reason, and authorization for the
8reproduction, and other information that the Attorney General
9requires.

10(c) The certified reproductions shall be deemed to be original
11public records for all purposes, including introduction in courts of
12law and state agencies.

13

12277.  

A person, other than a temporary employee, serving in
14the state civil service and employed by the Department of General
15Services in the California Records and Information Management
16Program shall remain in the state civil service and is hereby
17transferred to the Secretary of State. The status, position, and rights
18of the person shall not be affected by the transfer and shall continue
19to be retained by the person pursuant to the State Civil Service
20Act.

21

12278.  

All equipment and records in the California Records
22and Information Management Program in the Department of
23General Services are transferred to the Secretary of State.

24

12279.  

If a public record of a state agency has been lost or
25destroyed by conflagration or other public calamity, the Secretary
26of State may acquire the right to reproduce any portion of a public
27record plant as is necessary for the purpose of restoring or replacing
28the record or its substance.

begin insert
29

begin insert12280.end insert  

This article shall become operative on July 1, 2014.

end insert
30

SEC. 17.  

Section 14740 of the Government Code is amended
31to read:

32

14740.  

begin insert(a)end insertbegin insertend insert This chapter shall be known as the State Records
33Storage Act.

begin insert

34(b) Notwithstanding any other law, the amendments made to
35this section by the act adding this subdivision shall become
36operative on July 1, 2014.

end insert
37

SEC. 18.  

Section 14745 of the Government Code is amended
38to read:

39

14745.  

begin insert(a)end insertbegin insertend insert The director shall establish and administer in the
40executive branch of state government a records storage program
P13   1that will apply efficient and economical records storage methods
2to the utilization, maintenance, retention, preservation, and disposal
3of state records.

begin insert

4(b) Notwithstanding any other law, the amendments made to
5this section by the act adding this subdivision shall become
6operative on July 1, 2014.

end insert
7

SEC. 19.  

Section 14746 of the Government Code is amended
8to read:

9

14746.  

The duties of the director shall include, but not be
10limited to:

11(a) Establishing standards, procedures, and techniques for
12effective storage of records.

13(b) Providing appropriate protection for records designated by
14state agencies, with the concurrence of the director, as essential to
15the functioning of state government in the event of a major disaster.

16(c) Obtaining from agencies reports required for the
17administration of the program.

18(d) Establishing, maintaining, and operating record centers for
19the storage, processing, and servicing of scheduled records for
20state agencies pending their deposit with the State Archives or
21their disposition in any other manner authorized by law.

begin insert

22(e) Notwithstanding any other law, the amendments made to
23this section by the act adding this subdivision shall become
24operative on July 1, 2014.

end insert
begin delete25

SEC. 20.  

Article 3 (commencing with Section 14750) of
26Chapter 5 of Part 5.5 of Division 3 of Title 2 of the Government
27Code
is repealed.

end delete
28begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 14751 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
29read:end insert

begin insert
30

begin insert14751.end insert  

This article shall become inoperative on July 1, 2014,
31and, as of January 1, 2015, is repealed, unless a later enacted
32statute, that becomes operative on or before January 1, 2015,
33deletes or extends the dates on which it becomes inoperative and
34is repealed.

end insert
begin delete35

SEC. 21.  

Article 4 (commencing with Section 14755) of
36Chapter 5 of Part 5.5 of Division 3 of Title 2 of the Government
37Code
is repealed.

end delete
38begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 14757 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
39read:end insert

begin insert
P14   1

begin insert14757.end insert  

This article shall become inoperative on July 1, 2014,
2and, as of January 1, 2015, is repealed, unless a later enacted
3statute, that becomes operative on or before January 1, 2015,
4deletes or extends the dates on which it becomes inoperative and
5is repealed.

end insert
begin delete6

SEC. 22.  

Article 6 (commencing with Section 14765) of
7Chapter 5 of Part 5.5 of Division 3 of Title 2 of the Government
8Code
is repealed.

end delete
9begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 14768.1 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
10to read:end insert

begin insert
11

begin insert14768.1.end insert  

This article shall become inoperative on July 1, 2014,
12and, as of January 1, 2015, is repealed, unless a later enacted
13statute, that becomes operative on or before January 1, 2015,
14deletes or extends the dates on which it becomes inoperative and
15is repealed.

end insert
begin delete16

SEC. 23.  

Article 7 (commencing with Section 14769) of
17Chapter 5 of Part 5.5 of Division 3 of Title 2 of the Government
18Code
is repealed.

end delete
19begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 14769.1 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
20to read:end insert

begin insert
21

begin insert14769.1.end insert  

This article shall become inoperative on July 1, 2014,
22and, as of January 1, 2015, is repealed, unless a later enacted
23statute, that becomes operative on or before January 1, 2015,
24deletes or extends the dates on which it becomes inoperative and
25is repealed.

end insert
26

SEC. 24.  

Section 135 of the Labor Code is amended to read:

27

135.  

begin insert(a)end insertbegin insertend insert In accordance with rules of practice and procedure
28that it may adopt, the appeals board may, with the approval of the
29Secretary of State, destroy or otherwise dispose of any file kept
30by it in connection with any proceeding under Division 4
31(commencing with Section 3200) or Division 4.5 (commencing
32with Section 6100).

begin insert

33(b) Notwithstanding any other law, the amendments made to
34this section by the act adding this subdivision shall become
35operative on July 1, 2014.

end insert
36begin insert

begin insertSEC. 25.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertThis act shall become operative only if funds are
37appropriated to the Secretary of State for the California Records
38and Information Management Program.end insert

begin insert

P15   1(b) The Secretary of State shall provide notice to the Legislative
2Counsel and post notice on its Internet Web site when the
3appropriation specified in subdivision (a) has been made.

end insert


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