BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 479|
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THIRD READING
Bill No: SB 479
Author: Block (D)
Amended: 4/4/13
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 9-0, 4/23/13
AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, Correa,
De León, Hernandez, Lieu
NO VOTE RECORDED: Galgiani, Padilla
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/6/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : State government: Secretary of State: duties
SOURCE : Office of the Secretary of State
DIGEST : This bill makes substantive changes to existing
provisions of law relating to the management and archiving of
state records within the Department of General Services (DGS)
and the Secretary of State's Office (SOS).
ANALYSIS :
Existing law:
1. Requires the SOS to appoint a competent person to the
position of Keeper of the Archives; and specifies that the
Keeper of the Archives is responsible for the preservation
and indexing of material deposited in the State Archives, and
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shall make the material readily available for use.
2. Under the State Records Management Act, provides for DGS to
manage state records, as specified.
3. Provides that the Workers' Compensation Appeals Board may,
with the approval of the Department of Finance (DOF), destroy
or otherwise dispose of a file kept by it in connection with
a proceeding regarding workers' compensation and insurance,
as provided.
This bill makes the following substantive changes to existing
provisions of law relating to the management and archiving of
state records:
1. Changes the name of the "Keeper of the Archives" to the
"Chief of Archives."
2. Transfers the responsibility of state records management from
DGS to SOS.
3. Provides that DGS will continue to operate the State Records
Center (SRC), retaining its staff and its responsibility for
storing records for state agencies, as specified.
4. Makes it explicit that any person, other than a temporary
employee, serving in the state civil service and employed by
DGS in the California Records and Information Management
Program (CalRIM) shall remain in the state civil service and
be transferred to SOS.
5. Modifies an existing provision of law that allows the
Workers' Compensation Appeals Board, with the approval of the
DOF, to destroy or otherwise dispose of any file kept by it
in connection with a proceeding and instead substitutes DOF
with SOS for that approval.
6. Makes other technical, nonsubstantive, conforming, and code
maintenance changes, as specified.
Background
California's first Legislature, meeting in 1849-50, charged SOS
to receive "?all public records, registered maps, books, papers,
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rolls, documents and other writings?which appertain to or are in
any way connected with the political history and past
administration of the government of California?"
The State Archives collects, catalogs, preserves, and provides
access to the historic records of state government and some
records of local governments. The State Archives collection is
primarily composed of records from California state agencies,
the Governor's office, the state Legislature, and the Supreme
Court and Courts of Appeal. The collections also include some
private papers that have been donated to the State Archives.
The State Archives is part of the SOS Office complex (completed
in 1995) and occupies six floors of environmentally controlled
stacks, including a number of specialized vaults.
Until 1963, SOS also had responsibility for records management.
The Central Records Depository was moved from the Office of the
SOS when DGS was created (AB 2006 (Marks), Chapter 1786,
Statutes of 1963).
The state records program within DGS is comprised of two program
elements: the CalRIM program, and the SRC. Among other things,
CalRIM establishes guidelines for state agencies in records
management and retention, including the management of electronic
records. CalRIM also provides training and other technical
services to help customer agencies establish and maintain
effective records programs.
CalRIM and the State Archives review and approve records
retention schedules prepared by state agencies. The State
Archives staff determines whether records identified on an
agency retention schedule have archival value and should
therefore be transferred to the Archives at the end of the
record lifecycle.
The SRC stores vital records and semi-active and inactive
records prior to their destruction or archiving. The Document
Destruction Center destroys confidential records, including
plastic items. The SRC also maintains a vault for storage of
vital records on microfilm and other media.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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According to the Senate Appropriations Committee, there are
first year costs of $303,000 and annually of $288,000 for the
transfer of three staff positions from DGS to SOS. This is an
interagency funds transfer and except for $15,000 in
transitional expenses, it will not result in any new costs.
Personnel being transferred from the CalRIM program consist of
three personnel years (Records Management Analyst II).
SUPPORT : (Verified 5/7/13)
Office of the Secretary of State (source)
California Historical Records Advisory Board
Council of State Archivists
OPPOSITION : (Verified 5/7/13)
Innoventure Technology Group
ARGUMENTS IN SUPPORT : According to the author's office, the
state's existing program for creating, managing, and preserving
records is not a cohesive one and results in significant
duplication of efforts and missed opportunities for efficiency
between the State Archives and DGS/CalRIM. Simply put, the
separation of these two government functions has resulted in
operational inefficiencies. The author's office notes that
there is also a high likelihood that records that have permanent
administrative, legal, and historical value to state government
and the public are being lost, perhaps at great cost to the
state and its citizens. Additionally, many departments are
retaining records longer than necessary and incurring
unnecessary storage costs. The author's office believes that
DGS/CalRIM lacks expertise and authority to gain better records
management compliance. Thus, this bill has been introduced to
reunify California's archives and records management systems
under the SOS's office. The author's office emphasizes that
this bill intends to reduce state costs and improve the ability
of California to retain and preserve its most valuable records.
The bill's sponsor, Secretary of State Debra Bowen, states that
"SB 479 will provide a more efficient records management
program, housed under the State Archives, with an eye toward
long term preservation of records with archival value. Under
the bill, CalRIM's responsibilities and three staff members will
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be transferred to the Secretary of State, while the function of
state records storage will remain under DGS."
ARGUMENTS IN OPPOSITION : The bill's opponent, Innoventure
Technology Group, opposes this bill unless amended, and writes,
"SB 479 does not explain how it will reduce costs, when in fact
it most likely increases costs and reduces effective records
management for a number of reasons; not the least of which is a
bifurcation of the existing program. CalRIM has an excess of
funds every year, thus retention of an elevated CalRIM at DGS
will promote improved records management with no fiscal impact.
Lastly, this bill would reverse Governor Edmond [sic] G. Brown's
1963 important innovation intended to remove records management
from control of the State Archives, further retarding the State
of California's ability to respond to the informational
governance demands of the twenty-first century."
MW:d 5/8/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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