SB 938 Senate Bill - INTRODUCED

BILL NUMBER: SB 938	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Governmental Organization (Senators
Wright (Chair), Anderson, Berryhill, Calderon, Cannella, Corbett, De
León, Evans, Hernandez, Padilla, Strickland, Wyland, and Yee)

                        MARCH 21, 2011

   An act to amend Sections 14745, 14746, 14750, 14755, 14756, 14765,
14766, and 14767 of, and to repeal Sections 14760 and 14768 of, the
Government Code, relating to the Secretary of State.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 938, as introduced, Committee on Governmental Organization.
Secretary of State duties.
   Existing law requires the Director of General Services to
establish and administer in the executive branch of state government
a records management program.
   This bill would transfer duties of the director that are related
to records management to the Secretary of State. This bill would also
transfer persons employed by the Department of General Services in
the California Records and Information Management Program, and all
equipment and records in the State Records Center in the Department
of General Services, to the Secretary of State.
   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 14745 of the Government Code is amended to
read:
   14745.  The  director   Secretary of 
 State  shall establish and administer in the executive
branch of state government a records management program, which will
apply efficient and economical management methods to the creation,
utilization, maintenance, retention, preservation, and disposal of
state records.
  SEC. 2.  Section 14746 of the Government Code is amended to read:
   14746.  The duties of the  director  
Secretary of State  shall include  ,  but not be
limited to  , the following  :
   (a) Establishing standards, procedures, and techniques for
effective management 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.
  SEC. 3.  Section 14750 of the Government Code is amended to read:
   14750.  The head of each agency shall:
   (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 shall 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  which   that  maximizes the
usefulness of the information to other state agencies and the public.

   (b) Determine, with the concurrence of the  director
  Secretary of State  , records essential to the
functioning of state government in the event of a major disaster.
   (c) Comply with the rules, regulations, standards and procedures
issued by the  director   Secretary of State
 .
  SEC. 4.  Section 14755 of the Government Code is amended to read:
   14755.  (a) No record shall be destroyed or otherwise disposed of
by any agency of the state, unless it is determined by the 
director   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  director   Secretary of State 
shall not authorize the destruction of any record subject to audit
until he or she has determined that the audit has been performed.
   (c) The  director   Secretary of State 
shall not authorize the destruction of all or any part of an agency
rulemaking file subject to Section 11347.3.
  SEC. 5.  Section 14756 of the Government Code is amended to read:
   14756.  The public records of any 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  Department of General
Services in consultation with the  Secretary of State, for
recording of permanent records or nonpermanent records.
   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.
   The certified reproductions shall be deemed to be original public
records for all purposes, including introduction in courts of law and
state agencies.
  SEC. 6.  Section 14760 of the Government Code is repealed. 

   14760.  The director shall, through the Secretary of the State and
Consumer Services Agency, make an annual written report to the
Governor. The report shall describe the status and progress of
programs established pursuant to this chapter and shall include the
recommendations of the director for improvements in the management of
records in the state government. 
  SEC. 7.  Section 14765 of the Government Code is amended to read:
   14765.  All persons, other than temporary employees, serving in
the state civil service and employed by the  Secretary of
State   Department of General Services  in the
 Central Record Depository   California Records
and Information Management Program and the State Records Center 
, shall remain in the state civil service and are hereby transferred
to the  Department of General Services  
Secretary of State  . The status, positions, and rights of such
persons shall not be affected by their transfer and shall continue to
be retained by them pursuant to the State Civil Service Act.
  SEC. 8.  Section 14766 of the Government Code is amended to read:
   14766.  All equipment and records in the  Central Record
Depository   State Records Center  in the 
office of the Secretary of State   Department of General
Services  are transferred to the  Department of General
Services   Secre   tary   of State
 .
  SEC. 9.  Section 14767 of the Government Code is amended to read:
   14767.  The  director   Secretary of State
 shall establish, maintain  ,  and operate record
centers for the storage, processing, and servicing of records for
state agencies pending their deposit with the Archives of the State
of California or their disposition in any other manner authorized by
law.
  SEC. 10.  Section 14768 of the Government Code is repealed.

   14768.  This article shall become operative on January 1, 1967.