Bill Text: CA SB938 | 2011-2012 | Regular Session | Amended

California Senate Bill 938 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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  APRIL 25, 2011

INTRODUCED BY   Committee on Governmental Organization (Senators
Wright (Chair), Anderson, Berryhill, Calderon, Cannella, Corbett, De
Le�n, 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
  state records  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 938, as amended, Committee on Governmental Organization.
 Secretary of State duties.   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.
   This bill would transfer duties of the director that are related
to records management to the  Secretary of State 
 California Technology Agency  . 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 
 California Technology Agency  .
   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  Secretary of State   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  Secretary of State 
 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  Secretary of
State   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  Secretary of State   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 
Secretary of State   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  Secretary of State   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  Secretary of State   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  Secretary of State
  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 
Secretary of State   California Technology Agency 
.
  SEC. 9.  Section 14767 of the Government Code is amended to read:
   14767.  The  Secretary of State   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.