CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1759Introduced by Committee on Accountability and Administrative Review (Assembly Members Petrie-Norris (Chair), Bains, Davies, Stephanie Nguyen, and Rodriguez)March 08, 2023 An act to amend Sections 12220, 12222, 12227, 12230, 12274, and 12279 of the Government Code, relating to public records. LEGISLATIVE COUNSEL'S DIGESTAB 1759, as introduced, Committee on Accountability and Administrative Review. State archives. Existing law, the State Records Management Act, requires the Secretary of State to establish and administer a records management program. Existing law requires the head of a state agency to notify the secretary when records are stored with, or digitized by, a third-party vendor. Existing law authorizes the secretary to restore or replace a lost record or its substance. This bill would instead require an agency to notify the secretary whenever records are digitized, as provided. The bill would require a state agency to notify the secretary when a record is accidentally lost or destroyed. The bill would also make nonsubstantive and conforming changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12220 of the Government Code is amended to read:12220. As used in this article, item includes but is not limited to any paper, document, book, map, artifact, or other type of record.SEC. 2. Section 12222 of the Government Code is amended to read:12222. The Secretary of State shall maintain and properly equip safe and secure vaults for the preservation, indexing, description, and use of the archives.SEC. 3. Section 12227 of the Government Code is amended to read:12227. The Chief of Archives is responsible for the preservation and indexing description of material deposited in the State Archives, and shall make the material readily available for use.SEC. 4. Section 12230 of the Government Code is amended to read:12230. The Secretary of State shall establish a Document Preservation Shop and an Indexing Section Laboratory and a Record Processing Program to facilitate the preservation and indexing description of the archives.SEC. 5. Section 12274 of the Government Code is amended to read:12274. The head of a state agency shall do all of the following:(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 may 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) When requested by the Secretary of State, provide a written justification for storage or extension of scheduled retention of a record in the State Records Center for a period of 50 years or more. The Secretary of State shall review and approve any scheduled retention of a record in the State Records Center for a period of 50 years or more. A record deemed to have archival value shall be transferred to the State Archives. Upon transfer of a record of archival value to the State Archives, the head of the state agency shall notify the Secretary of State if the record contains information that is not subject to public disclosure or is restricted from disclosure for a period of time pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), or other applicable federal or state law.(d) Comply with the rules, regulations, standards, and procedures issued by the Secretary of State.(e) Appoint a representative from the agency to serve as the Records Management Coordinator and notify the Secretary of States California Records and Information Management Program within 30 days of the appointment.(f) Notify the Secretary of State when records are stored with a third-party vendor or digitized by a third-party vendor. updating the effected records series on the agency records retention schedule.SEC. 6. Section 12279 of the Government Code is amended to read:12279. (a) If a record of a state agency has 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 record or its substance.(b) State agencies shall notify the Secretary of State when a record is accidentally lost or destroyed before it has met the retention period specified on the agencys approved retention schedule.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1759Introduced by Committee on Accountability and Administrative Review (Assembly Members Petrie-Norris (Chair), Bains, Davies, Stephanie Nguyen, and Rodriguez)March 08, 2023 An act to amend Sections 12220, 12222, 12227, 12230, 12274, and 12279 of the Government Code, relating to public records. LEGISLATIVE COUNSEL'S DIGESTAB 1759, as introduced, Committee on Accountability and Administrative Review. State archives. Existing law, the State Records Management Act, requires the Secretary of State to establish and administer a records management program. Existing law requires the head of a state agency to notify the secretary when records are stored with, or digitized by, a third-party vendor. Existing law authorizes the secretary to restore or replace a lost record or its substance. This bill would instead require an agency to notify the secretary whenever records are digitized, as provided. The bill would require a state agency to notify the secretary when a record is accidentally lost or destroyed. The bill would also make nonsubstantive and conforming changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1759
Introduced by Committee on Accountability and Administrative Review (Assembly Members Petrie-Norris (Chair), Bains, Davies, Stephanie Nguyen, and Rodriguez)March 08, 2023
Introduced by Committee on Accountability and Administrative Review (Assembly Members Petrie-Norris (Chair), Bains, Davies, Stephanie Nguyen, and Rodriguez)
March 08, 2023
An act to amend Sections 12220, 12222, 12227, 12230, 12274, and 12279 of the Government Code, relating to public records.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1759, as introduced, Committee on Accountability and Administrative Review. State archives.
Existing law, the State Records Management Act, requires the Secretary of State to establish and administer a records management program. Existing law requires the head of a state agency to notify the secretary when records are stored with, or digitized by, a third-party vendor. Existing law authorizes the secretary to restore or replace a lost record or its substance. This bill would instead require an agency to notify the secretary whenever records are digitized, as provided. The bill would require a state agency to notify the secretary when a record is accidentally lost or destroyed. The bill would also make nonsubstantive and conforming changes.
Existing law, the State Records Management Act, requires the Secretary of State to establish and administer a records management program. Existing law requires the head of a state agency to notify the secretary when records are stored with, or digitized by, a third-party vendor. Existing law authorizes the secretary to restore or replace a lost record or its substance.
This bill would instead require an agency to notify the secretary whenever records are digitized, as provided. The bill would require a state agency to notify the secretary when a record is accidentally lost or destroyed. The bill would also make nonsubstantive and conforming changes.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12220 of the Government Code is amended to read:12220. As used in this article, item includes but is not limited to any paper, document, book, map, artifact, or other type of record.SEC. 2. Section 12222 of the Government Code is amended to read:12222. The Secretary of State shall maintain and properly equip safe and secure vaults for the preservation, indexing, description, and use of the archives.SEC. 3. Section 12227 of the Government Code is amended to read:12227. The Chief of Archives is responsible for the preservation and indexing description of material deposited in the State Archives, and shall make the material readily available for use.SEC. 4. Section 12230 of the Government Code is amended to read:12230. The Secretary of State shall establish a Document Preservation Shop and an Indexing Section Laboratory and a Record Processing Program to facilitate the preservation and indexing description of the archives.SEC. 5. Section 12274 of the Government Code is amended to read:12274. The head of a state agency shall do all of the following:(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 may 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) When requested by the Secretary of State, provide a written justification for storage or extension of scheduled retention of a record in the State Records Center for a period of 50 years or more. The Secretary of State shall review and approve any scheduled retention of a record in the State Records Center for a period of 50 years or more. A record deemed to have archival value shall be transferred to the State Archives. Upon transfer of a record of archival value to the State Archives, the head of the state agency shall notify the Secretary of State if the record contains information that is not subject to public disclosure or is restricted from disclosure for a period of time pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), or other applicable federal or state law.(d) Comply with the rules, regulations, standards, and procedures issued by the Secretary of State.(e) Appoint a representative from the agency to serve as the Records Management Coordinator and notify the Secretary of States California Records and Information Management Program within 30 days of the appointment.(f) Notify the Secretary of State when records are stored with a third-party vendor or digitized by a third-party vendor. updating the effected records series on the agency records retention schedule.SEC. 6. Section 12279 of the Government Code is amended to read:12279. (a) If a record of a state agency has 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 record or its substance.(b) State agencies shall notify the Secretary of State when a record is accidentally lost or destroyed before it has met the retention period specified on the agencys approved retention schedule.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12220 of the Government Code is amended to read:12220. As used in this article, item includes but is not limited to any paper, document, book, map, artifact, or other type of record.
SECTION 1. Section 12220 of the Government Code is amended to read:
### SECTION 1.
12220. As used in this article, item includes but is not limited to any paper, document, book, map, artifact, or other type of record.
12220. As used in this article, item includes but is not limited to any paper, document, book, map, artifact, or other type of record.
12220. As used in this article, item includes but is not limited to any paper, document, book, map, artifact, or other type of record.
12220. As used in this article, item includes but is not limited to any paper, document, book, map, artifact, or other type of record.
SEC. 2. Section 12222 of the Government Code is amended to read:12222. The Secretary of State shall maintain and properly equip safe and secure vaults for the preservation, indexing, description, and use of the archives.
SEC. 2. Section 12222 of the Government Code is amended to read:
### SEC. 2.
12222. The Secretary of State shall maintain and properly equip safe and secure vaults for the preservation, indexing, description, and use of the archives.
12222. The Secretary of State shall maintain and properly equip safe and secure vaults for the preservation, indexing, description, and use of the archives.
12222. The Secretary of State shall maintain and properly equip safe and secure vaults for the preservation, indexing, description, and use of the archives.
12222. The Secretary of State shall maintain and properly equip safe and secure vaults for the preservation, indexing, description, and use of the archives.
SEC. 3. Section 12227 of the Government Code is amended to read:12227. The Chief of Archives is responsible for the preservation and indexing description of material deposited in the State Archives, and shall make the material readily available for use.
SEC. 3. Section 12227 of the Government Code is amended to read:
### SEC. 3.
12227. The Chief of Archives is responsible for the preservation and indexing description of material deposited in the State Archives, and shall make the material readily available for use.
12227. The Chief of Archives is responsible for the preservation and indexing description of material deposited in the State Archives, and shall make the material readily available for use.
12227. The Chief of Archives is responsible for the preservation and indexing description of material deposited in the State Archives, and shall make the material readily available for use.
12227. The Chief of Archives is responsible for the preservation and indexing description of material deposited in the State Archives, and shall make the material readily available for use.
SEC. 4. Section 12230 of the Government Code is amended to read:12230. The Secretary of State shall establish a Document Preservation Shop and an Indexing Section Laboratory and a Record Processing Program to facilitate the preservation and indexing description of the archives.
SEC. 4. Section 12230 of the Government Code is amended to read:
### SEC. 4.
12230. The Secretary of State shall establish a Document Preservation Shop and an Indexing Section Laboratory and a Record Processing Program to facilitate the preservation and indexing description of the archives.
12230. The Secretary of State shall establish a Document Preservation Shop and an Indexing Section Laboratory and a Record Processing Program to facilitate the preservation and indexing description of the archives.
12230. The Secretary of State shall establish a Document Preservation Shop and an Indexing Section Laboratory and a Record Processing Program to facilitate the preservation and indexing description of the archives.
12230. The Secretary of State shall establish a Document Preservation Shop and an Indexing Section Laboratory and a Record Processing Program to facilitate the preservation and indexing description of the archives.
SEC. 5. Section 12274 of the Government Code is amended to read:12274. The head of a state agency shall do all of the following:(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 may 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) When requested by the Secretary of State, provide a written justification for storage or extension of scheduled retention of a record in the State Records Center for a period of 50 years or more. The Secretary of State shall review and approve any scheduled retention of a record in the State Records Center for a period of 50 years or more. A record deemed to have archival value shall be transferred to the State Archives. Upon transfer of a record of archival value to the State Archives, the head of the state agency shall notify the Secretary of State if the record contains information that is not subject to public disclosure or is restricted from disclosure for a period of time pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), or other applicable federal or state law.(d) Comply with the rules, regulations, standards, and procedures issued by the Secretary of State.(e) Appoint a representative from the agency to serve as the Records Management Coordinator and notify the Secretary of States California Records and Information Management Program within 30 days of the appointment.(f) Notify the Secretary of State when records are stored with a third-party vendor or digitized by a third-party vendor. updating the effected records series on the agency records retention schedule.
SEC. 5. Section 12274 of the Government Code is amended to read:
### SEC. 5.
12274. The head of a state agency shall do all of the following:(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 may 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) When requested by the Secretary of State, provide a written justification for storage or extension of scheduled retention of a record in the State Records Center for a period of 50 years or more. The Secretary of State shall review and approve any scheduled retention of a record in the State Records Center for a period of 50 years or more. A record deemed to have archival value shall be transferred to the State Archives. Upon transfer of a record of archival value to the State Archives, the head of the state agency shall notify the Secretary of State if the record contains information that is not subject to public disclosure or is restricted from disclosure for a period of time pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), or other applicable federal or state law.(d) Comply with the rules, regulations, standards, and procedures issued by the Secretary of State.(e) Appoint a representative from the agency to serve as the Records Management Coordinator and notify the Secretary of States California Records and Information Management Program within 30 days of the appointment.(f) Notify the Secretary of State when records are stored with a third-party vendor or digitized by a third-party vendor. updating the effected records series on the agency records retention schedule.
12274. The head of a state agency shall do all of the following:(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 may 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) When requested by the Secretary of State, provide a written justification for storage or extension of scheduled retention of a record in the State Records Center for a period of 50 years or more. The Secretary of State shall review and approve any scheduled retention of a record in the State Records Center for a period of 50 years or more. A record deemed to have archival value shall be transferred to the State Archives. Upon transfer of a record of archival value to the State Archives, the head of the state agency shall notify the Secretary of State if the record contains information that is not subject to public disclosure or is restricted from disclosure for a period of time pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), or other applicable federal or state law.(d) Comply with the rules, regulations, standards, and procedures issued by the Secretary of State.(e) Appoint a representative from the agency to serve as the Records Management Coordinator and notify the Secretary of States California Records and Information Management Program within 30 days of the appointment.(f) Notify the Secretary of State when records are stored with a third-party vendor or digitized by a third-party vendor. updating the effected records series on the agency records retention schedule.
12274. The head of a state agency shall do all of the following:(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 may 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) When requested by the Secretary of State, provide a written justification for storage or extension of scheduled retention of a record in the State Records Center for a period of 50 years or more. The Secretary of State shall review and approve any scheduled retention of a record in the State Records Center for a period of 50 years or more. A record deemed to have archival value shall be transferred to the State Archives. Upon transfer of a record of archival value to the State Archives, the head of the state agency shall notify the Secretary of State if the record contains information that is not subject to public disclosure or is restricted from disclosure for a period of time pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), or other applicable federal or state law.(d) Comply with the rules, regulations, standards, and procedures issued by the Secretary of State.(e) Appoint a representative from the agency to serve as the Records Management Coordinator and notify the Secretary of States California Records and Information Management Program within 30 days of the appointment.(f) Notify the Secretary of State when records are stored with a third-party vendor or digitized by a third-party vendor. updating the effected records series on the agency records retention schedule.
12274. The head of a state agency shall do all of the following:
(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 may 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) When requested by the Secretary of State, provide a written justification for storage or extension of scheduled retention of a record in the State Records Center for a period of 50 years or more. The Secretary of State shall review and approve any scheduled retention of a record in the State Records Center for a period of 50 years or more. A record deemed to have archival value shall be transferred to the State Archives. Upon transfer of a record of archival value to the State Archives, the head of the state agency shall notify the Secretary of State if the record contains information that is not subject to public disclosure or is restricted from disclosure for a period of time pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), or other applicable federal or state law.
(d) Comply with the rules, regulations, standards, and procedures issued by the Secretary of State.
(e) Appoint a representative from the agency to serve as the Records Management Coordinator and notify the Secretary of States California Records and Information Management Program within 30 days of the appointment.
(f) Notify the Secretary of State when records are stored with a third-party vendor or digitized by a third-party vendor. updating the effected records series on the agency records retention schedule.
SEC. 6. Section 12279 of the Government Code is amended to read:12279. (a) If a record of a state agency has 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 record or its substance.(b) State agencies shall notify the Secretary of State when a record is accidentally lost or destroyed before it has met the retention period specified on the agencys approved retention schedule.
SEC. 6. Section 12279 of the Government Code is amended to read:
### SEC. 6.
12279. (a) If a record of a state agency has 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 record or its substance.(b) State agencies shall notify the Secretary of State when a record is accidentally lost or destroyed before it has met the retention period specified on the agencys approved retention schedule.
12279. (a) If a record of a state agency has 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 record or its substance.(b) State agencies shall notify the Secretary of State when a record is accidentally lost or destroyed before it has met the retention period specified on the agencys approved retention schedule.
12279. (a) If a record of a state agency has 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 record or its substance.(b) State agencies shall notify the Secretary of State when a record is accidentally lost or destroyed before it has met the retention period specified on the agencys approved retention schedule.
12279. (a) If a record of a state agency has 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 record or its substance.
(b) State agencies shall notify the Secretary of State when a record is accidentally lost or destroyed before it has met the retention period specified on the agencys approved retention schedule.