Bill Text: CA SB938 | 2011-2012 | Regular Session | Amended
Bill Title: State records.
Spectrum: Slight Partisan Bill (Democrat 8-5)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB938 Detail]
Download: California-2011-SB938-Amended.html
BILL NUMBER: SB 938 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 12, 2011
AMENDED IN SENATE APRIL 25, 2011
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 state records.
An act to amend and renumber the headings of Article 6
(commencing with Section 14765) and Article 7 (commencing with
Section 14769) of Chapter 5 of, to add Article 7 (commencing with
Section 14769.5) to Chapter 5 of, to repeal Section 14768 of, to
repeal Article 5 (commencing with Section 14760) of Chapter 5 of, and
to repeal and add Chapter 5 (commencing with Section 14740) of, Part
5.5 of Division 3 of Title 2 of, the Government Code, relating to
state records.
LEGISLATIVE COUNSEL'S DIGEST
SB 938, as amended, Committee on Governmental Organization. State
records.
Existing law requires the Director of General Services to
establish and administer in the executive branch of state government
a records management program. Existing law requires the director
to report annually to the Governor on the status and progress of
that program.
This bill would repeal the requirement that the director submit a
report to the Governor.
This bill would , commencing January 1, 2014, transfer
duties of the director that are related to records management to the
California Technology Agency 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
California Technology Agency 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. Article 5 (commencing with Section
14760) of Chapter 5 of Part 5.5 of Division 3 of Title 2 of the
Government Code is repealed.
SEC. 2. The heading of Article 6 (commencing with
Section 14765) of Chapter 5 of Part 5.5 of Division 3 of Title 2 of
the Government Code is amended and
renumbered to read:
Article 6. 5. Record Centers
SEC. 3. Section 14768 of the Government
Code is repealed.
14768. This article shall become operative on January 1, 1967.
SEC. 4. The heading of Article 7 (commencing with
Section 14769) of Chapter 5 of Part 5.5 of Division 3 of Title 2 of
the Government Code is amended and
renumbered to read:
Article 7. 6. Restoration of
Records Destroyed by Public Calamity
SEC. 5. Article 7 (commencing with Section
14769.5) is added to Chapter 5 of Part 5.5 of Division 3 of Title 2
of the Government Code , to read:
Article 7. Repeal
14769.5. This chapter shall remain in effect only until January
1, 2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 6. Chapter 5 (commencing with Section 14740)
is added to Part 5.5 of Division 3 of Title 2 of the
Government Code , to read:
CHAPTER 5. STATE RECORDS
Article 1. General
14740. This chapter shall be known and may be cited as the "State
Records Management Act."
14741. As used in this chapter "record" or "records" means all
papers, maps, exhibits, magnetic or paper tapes, photographic films
and prints, punched cards, and other documents produced, received,
owned or used by an agency, regardless of physical form or
characteristics. Library and museum materials made or acquired and
preserved solely for reference or exhibition purposes, and stocks of
publications and of processed documents are not included within the
definition of the term "record" or "records" as used in this chapter.
14741.1. As used in this chapter, "public use forms" means those
forms used by the state to obtain or to solicit facts, opinions, or
other information from the public or private citizens, partnerships,
corporations, organizations, business trusts, or any nongovernmental
entity or legal representative thereof.
Article 2. Administration of State Records
14745. The Secretary of State shall establish and administer in
the executive branch of state government a records management
program, that will apply efficient and economical management methods
to the creation, utilization, maintenance, retention, preservation,
and disposal of state records.
14746. The duties of the Secretary of State shall include, but
are not limited to, all of the following:
(a) Establishing standards, procedures, and techniques for
effective management of records.
(b) Providing appropriate protection for records designated by
state agencies 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.
Article 3. Duties of Agency Heads
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 that maximizes the usefulness of the information to other
state agencies and the public.
(b) Determine, with the concurrence of the 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 Secretary of State.
Article 4. Disposal of Records
14755. (a) A record shall not be destroyed or otherwise disposed
of by any agency of the state, unless it is determined by the
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 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 Secretary of State shall not authorize the destruction of
all or any part of an agency rulemaking file subject to Section
11347.3.
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 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.
Article 5. Record Centers
14765. All persons, other than temporary employees, serving in
the state civil service and employed by the Department of General
Services in the California Records and Information Management Program
and the State Records Center, shall remain in the state civil
service and are hereby transferred to the Secretary of State. The
status, positions, and rights of those persons shall not be affected
by their transfer and shall continue to be retained by them pursuant
to the State Civil Service Act.
14766. All equipment and records in the State Records Center in
the Department of General Services are transferred to the Secretary
of State.
14767. The 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.
Article 6. Restoration of Records Destroyed by Public Calamity
14769. (a) As used in this section:
(1) "Acquire" includes acquisition by gift, purchase, lease,
eminent domain, or otherwise.
(2) "Public record plant" means the plant, or any part thereof, or
any record therein, of any person engaged in the business of
searching or publishing public records or insuring or guaranteeing
titles to real property, including copies of public records and
abstracts or memoranda taken from public records, which is owned by
or in the possession of that person or which is used by that person
in his or her business.
(b) If public records of any state agency have been lost or
destroyed by conflagration or other public calamity, the Secretary of
State may acquire the right to reproduce any portion of a public
record plant as is necessary for the purpose of restoring or
replacing the records or their substance.
Article 7. Operative Date
14769.5. This chapter shall become operative on January 1, 2014.
SECTION 1. Section 14745 of the Government Code
is amended to read:
14745. The California Technology Agency 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 California Technology Agency 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, 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 that maximizes the usefulness of the information to other
state agencies and the public.
(b) Determine, with the concurrence of the California Technology
Agency, 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 California Technology Agency.
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 California
Technology Agency 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 California Technology Agency 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 California Technology Agency 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 California Technology Agency, 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.
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 Department of General
Services in the California Records and Information Management Program
and the State Records Center, shall remain in the state civil
service and are hereby transferred to the California Technology
Agency. 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 State Records Center in
the Department of General Services are transferred to the California
Technology Agency.
SEC. 9. Section 14767 of the Government Code is
amended to read:
14767. The California Technology Agency 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.
