BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1009|
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THIRD READING
Bill No: SB 1009
Author: Liu (D)
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 8-0, 3/25/14
AYES: Correa, Berryhill, Cannella, De Le�n, Galgiani,
Hernandez, Torres, Vidak
NO VOTE RECORDED: Lieu, Padilla, Vacancy
SEN APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Public records
SOURCE : Secretary of State Debra Bowen
DIGEST : This bill authorizes the Secretary of State (SOS) to
evaluate gubernatorial records to determine which records should
be preserved in the State Archives.
ANALYSIS :
Existing law:
1. Requires, under the Public Records Act, 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
Governor's Office to the State Archives as soon as
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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/she may transfer, which have not already been
made accessible to the public, except as specified.
This bill authorizes the SOS to evaluate gubernatorial records
to determine which records should be preserved in the State
Archives. Specifically, this bill:
1. Enables the SOS 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 SOS 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.
Background
In 1947, the Legislature directed the SOS to establish a Central
Record Depository for the receipt and custody of all records
required or permitted by law to be filed or deposited in the
Office of the SOS (AB 1028, Field, Chapter 1556). The
legislation also permitted the SOS to determine records
retention periods before records were destroyed, and to
determine what records would be "microphotographed" before being
destroyed.
Legislation enacted in 1963 (AB 2006, Marks, Chapter 1786)
created the Department of General Services (DGS) and transferred
the Central Record Depository to DGS. In 1965, the State
Records Management Act was enacted
(AB 1124, Marks, Chapter 371) which directs DGS to administer a
records management program that applies efficient and economical
management, retention, preservation, and disposal of state
records.
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Comments
According to author's office, when a Governor leaves office,
he/she must transfer all public records to the State Archives,
regardless of their archival value. Although state law
authorizes the SOS to appraise all other state agency records
and remove inappropriate and duplicative documents, the law does
not permit the SOS 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 three Governors alone exceeds 10,000 cubic
feet, which is nearly 10% of the total volume of records held in
the State Archives.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/7/14)
Secretary of State Debra Bowen (source)
California Historical Records Advisory Board
Society of California Archivists
ARGUMENTS IN SUPPORT : The bill's sponsor, the SOS, states
that this bill will allow the State Archives Division of the
SOS' Office to appraise and manage gubernatorial records. This
will promote wise use of state property and reduce fiscal
pressures. Storage space at the State Archives is currently at
85% of capacity and is expected to reach full capacity in four
to six years. This bill will allow the SOS to appropriately
preserve important public documents and make them more
accessible to the people of California.
MW:k 4/8/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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