BILL ANALYSIS Ó
Bill No: SB
1009
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
SB 1009 Author: Liu
As Introduced: February 13, 2014
Hearing Date: March 25, 2014
Consultant: Paul Donahue
SUBJECT
Public Records
DESCRIPTION
Authorizes the Secretary of State to evaluate gubernatorial
records to determine which should be preserved in the State
Archives. Specifically, this bill :
1)Enables the Secretary of State to appraise and manage new
or existing public records that are transferred to the
State Archives when a Governor leaves office to determine
whether the records are appropriate for preservation in
the State Archives.
2)Directs the Secretary of State to employ professional
archival practices, including, but not limited to,
appraising the historic value of the records, arranging
and describing the records, rehousing the records in
appropriate storage containers, or providing any
conservation treatment that the records require.
EXISTING LAW
1)The Public Records Act requires state and local agencies
to make records available to any person upon payment of
fees to cover costs, subject to specified exemptions.
2)Requires the Governor to transfer public records from the
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Governor's office to the State Archives as soon as
practicable after leaving office.
3)Authorizes the Governor to restrict, in writing, public
access to any of the transferred public records, or any
other writings he or she may transfer, which have not
already been made accessible to the public, except as
specified.
BACKGROUND
1)Purpose : According to author, when a Governor leaves
office, he or she must transfer all public records to the
State Archives, regardless of their archival value.
Although state law authorizes the Secretary of State to
appraise all other state agency records and remove
inappropriate and duplicative documents, the law does not
permit the Secretary to manage records from California's
Governors in the same fashion. Absent the authority to
properly appraise and manage gubernatorial records, the
State Archives is required to retain every record sent
over from each departing governor, regardless of the
record's archival value.
As a result, the State Archives is running out of storage
space much more rapidly than it otherwise would. The
volume of records from the last 3 governors alone exceeds
10,000 cubic feet, which is nearly 10% of the total
volume of records held in the State Archives.
2)History : In 1947, the Legislature directed the Secretary
of State to establish a Central Records Depository for
the receipt and custody of all records required or
permitted by law to be filed or deposited in the office
of the Secretary of State. The legislation also permitted
the Secretary to determine records retention periods
before records were destroyed, and to determine what
records would be "microphotographed" before being
destroyed.
Legislation enacted in 1963 created the Department of
General Services (DGS), transferred the Central Records
Depository to DGS, and enacted the State Records
Management Act. The Act directs DGS to administer a
records management program that will apply efficient and
economical management, retention, preservation and
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disposal of state records.
3)Support : The Secretary of State is sponsoring SB 1009,
and states that the measure will allow the State Archives
Division of the Secretary of State's office to appraise
and professionally manage gubernatorial records. This
will promote wise use of state property and reduce fiscal
pressure. Storage space at the State Archives is
currently at 85% capacity and is expected to reach full
capacity in four to six years. This bill would allow the
Secretary to appropriately preserve important public
documents and make them more accessible to the people of
California.
PRIOR/RELATED LEGISLATION
SB 938 (Senate G. O. Committee), 2011-2012 Session. Would
have transferred duties related to records management and
destruction from DGS to the California Technology Agency.
(Held in Senate Appropriations)
SB 2067 (Bowen) Chapter 569, Statutes of 1998. Requires the
Secretary of State, in consultation with DGS, to approve
and adopt appropriate standards established by the American
National Standards Institute or the Association for
Information and Image Management, and would require that
reproduction of those records be done in compliance with
the minimum standards or guidelines, or both, recommended
by the American National Standards Institute or the
Association for Information and Image Management.
SUPPORT:
Secretary of State Debra Bowen (sponsor)
Society of California Archivists
OPPOSE:
None on file
FISCAL COMMITTEE: Senate Appropriations Committee
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