California 2023 2023-2024 Regular Session

California Assembly Bill AB1759 Amended / Bill

Filed 04/25/2023

Amended IN Assembly April 25, 2023 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 12274.5 of the Government Code, relating to public records. LEGISLATIVE COUNSEL'S DIGESTAB 1759, as amended, 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, by a third-party vendor. Existing law authorizes the secretary to restore or replace a lost record or its substance. Existing law requires the head of a state agency to appoint a representative from the agency to serve as the Records Management Coordinator who is charged with specified duties, including, among other things, coordinating the agencys records management program.This bill would instead require an agency to notify the secretary whenever when records are digitized, as provided. digitized, regardless of whether this is accomplished by a third-party vendor. The bill would require the Records Management Coordinator of 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 includes, but is not limited to 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, 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 description of material deposited in the State Archives, 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 Laboratory and a Record Processing Program to facilitate the preservation and 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 updating the effected records series on the agency records retention schedule. digitized.SEC. 6. Section 12274.5 of the Government Code is amended to read:12274.5. A Records Management Coordinator of an agency shall do all of the following:(a) (1) Upon initial appointment as a Records Management Coordinator, attend a minimum of 12 hours of records management training classes offered by the Secretary of State within 12 months of appointment.(2) After the initial 12 months, attend a minimum of 4 hours of biennial records management training offered by the Secretary of State.(b) Coordinate the agencys records management program.(c) Act as liaison between the agency and the California Records and Information Management Program (CalRIM), State Records Center (SRC), and the State Records Appraisal Program (SRAP) within the State Archives Division of the Secretary of State.(d) Respond to questions from CalRIM, SRC, and SRAP.(e) Schedule CalRIM and SRAP training for agency staff who have records management duties.(f) Review and approve agency records retention schedules before submission to CalRIM.(g) Review and approve records retention schedules before submission to CalRIM.(h) Review and approve agency destruction of records stored at the SRC.(i) Facilitate annual disposition of agency records not stored at the SRC, including transfer of records to the SRC as well as destruction of records at the Document Destruction Center.(j) Review and approve purchase or rental of filing equipment or shredders.(k) Provide all requested reports, written justifications, requests for offsite storage approval, or any other retention schedule documentation to CalRIM or SRAP.(l) Distribute announcements of records management activities.(m) Notify the Secretary of State if a record is 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: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.

Amended IN Assembly April 25, 2023

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 12274.5 of the Government Code, relating to public records.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1759, as amended, 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, by a third-party vendor. Existing law authorizes the secretary to restore or replace a lost record or its substance. Existing law requires the head of a state agency to appoint a representative from the agency to serve as the Records Management Coordinator who is charged with specified duties, including, among other things, coordinating the agencys records management program.This bill would instead require an agency to notify the secretary whenever when records are digitized, as provided. digitized, regardless of whether this is accomplished by a third-party vendor. The bill would require the Records Management Coordinator of a state agency to notify the secretary when a record is accidentally lost or destroyed. The bill would also make nonsubstantive and conforming changes.

This bill would instead require an agency to notify the secretary whenever when records are digitized, as provided. digitized, regardless of whether this is accomplished by a third-party vendor. The bill would require the Records Management Coordinator of 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 includes, but is not limited to 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, 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 description of material deposited in the State Archives, 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 Laboratory and a Record Processing Program to facilitate the preservation and 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 updating the effected records series on the agency records retention schedule. digitized.SEC. 6. Section 12274.5 of the Government Code is amended to read:12274.5. A Records Management Coordinator of an agency shall do all of the following:(a) (1) Upon initial appointment as a Records Management Coordinator, attend a minimum of 12 hours of records management training classes offered by the Secretary of State within 12 months of appointment.(2) After the initial 12 months, attend a minimum of 4 hours of biennial records management training offered by the Secretary of State.(b) Coordinate the agencys records management program.(c) Act as liaison between the agency and the California Records and Information Management Program (CalRIM), State Records Center (SRC), and the State Records Appraisal Program (SRAP) within the State Archives Division of the Secretary of State.(d) Respond to questions from CalRIM, SRC, and SRAP.(e) Schedule CalRIM and SRAP training for agency staff who have records management duties.(f) Review and approve agency records retention schedules before submission to CalRIM.(g) Review and approve records retention schedules before submission to CalRIM.(h) Review and approve agency destruction of records stored at the SRC.(i) Facilitate annual disposition of agency records not stored at the SRC, including transfer of records to the SRC as well as destruction of records at the Document Destruction Center.(j) Review and approve purchase or rental of filing equipment or shredders.(k) Provide all requested reports, written justifications, requests for offsite storage approval, or any other retention schedule documentation to CalRIM or SRAP.(l) Distribute announcements of records management activities.(m) Notify the Secretary of State if a record is 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: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 includes, but is not limited to 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 includes, but is not limited to 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, 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, 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 description of material deposited in the State Archives, 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 description of material deposited in the State Archives, 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 Laboratory and a Record Processing Program to facilitate the preservation and 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 Laboratory and a Record Processing Program to facilitate the preservation and 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 updating the effected records series on the agency records retention schedule. digitized.

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 updating the effected records series on the agency records retention schedule. digitized.

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 updating the effected records series on the agency records retention schedule. digitized.

SEC. 6. Section 12274.5 of the Government Code is amended to read:12274.5. A Records Management Coordinator of an agency shall do all of the following:(a) (1) Upon initial appointment as a Records Management Coordinator, attend a minimum of 12 hours of records management training classes offered by the Secretary of State within 12 months of appointment.(2) After the initial 12 months, attend a minimum of 4 hours of biennial records management training offered by the Secretary of State.(b) Coordinate the agencys records management program.(c) Act as liaison between the agency and the California Records and Information Management Program (CalRIM), State Records Center (SRC), and the State Records Appraisal Program (SRAP) within the State Archives Division of the Secretary of State.(d) Respond to questions from CalRIM, SRC, and SRAP.(e) Schedule CalRIM and SRAP training for agency staff who have records management duties.(f) Review and approve agency records retention schedules before submission to CalRIM.(g) Review and approve records retention schedules before submission to CalRIM.(h) Review and approve agency destruction of records stored at the SRC.(i) Facilitate annual disposition of agency records not stored at the SRC, including transfer of records to the SRC as well as destruction of records at the Document Destruction Center.(j) Review and approve purchase or rental of filing equipment or shredders.(k) Provide all requested reports, written justifications, requests for offsite storage approval, or any other retention schedule documentation to CalRIM or SRAP.(l) Distribute announcements of records management activities.(m) Notify the Secretary of State if a record is lost or destroyed before it has met the retention period specified on the agencys approved retention schedule.

SEC. 6. Section 12274.5 of the Government Code is amended to read:

### SEC. 6.

12274.5. A Records Management Coordinator of an agency shall do all of the following:(a) (1) Upon initial appointment as a Records Management Coordinator, attend a minimum of 12 hours of records management training classes offered by the Secretary of State within 12 months of appointment.(2) After the initial 12 months, attend a minimum of 4 hours of biennial records management training offered by the Secretary of State.(b) Coordinate the agencys records management program.(c) Act as liaison between the agency and the California Records and Information Management Program (CalRIM), State Records Center (SRC), and the State Records Appraisal Program (SRAP) within the State Archives Division of the Secretary of State.(d) Respond to questions from CalRIM, SRC, and SRAP.(e) Schedule CalRIM and SRAP training for agency staff who have records management duties.(f) Review and approve agency records retention schedules before submission to CalRIM.(g) Review and approve records retention schedules before submission to CalRIM.(h) Review and approve agency destruction of records stored at the SRC.(i) Facilitate annual disposition of agency records not stored at the SRC, including transfer of records to the SRC as well as destruction of records at the Document Destruction Center.(j) Review and approve purchase or rental of filing equipment or shredders.(k) Provide all requested reports, written justifications, requests for offsite storage approval, or any other retention schedule documentation to CalRIM or SRAP.(l) Distribute announcements of records management activities.(m) Notify the Secretary of State if a record is lost or destroyed before it has met the retention period specified on the agencys approved retention schedule.

12274.5. A Records Management Coordinator of an agency shall do all of the following:

(a) (1) Upon initial appointment as a Records Management Coordinator, attend a minimum of 12 hours of records management training classes offered by the Secretary of State within 12 months of appointment.

(2) After the initial 12 months, attend a minimum of 4 hours of biennial records management training offered by the Secretary of State.

(b) Coordinate the agencys records management program.

(c) Act as liaison between the agency and the California Records and Information Management Program (CalRIM), State Records Center (SRC), and the State Records Appraisal Program (SRAP) within the State Archives Division of the Secretary of State.

(d) Respond to questions from CalRIM, SRC, and SRAP.

(e) Schedule CalRIM and SRAP training for agency staff who have records management duties.

(f) Review and approve agency records retention schedules before submission to CalRIM.

(g) Review and approve records retention schedules before submission to CalRIM.

(h) Review and approve agency destruction of records stored at the SRC.

(i) Facilitate annual disposition of agency records not stored at the SRC, including transfer of records to the SRC as well as destruction of records at the Document Destruction Center.

(j) Review and approve purchase or rental of filing equipment or shredders.

(k) Provide all requested reports, written justifications, requests for offsite storage approval, or any other retention schedule documentation to CalRIM or SRAP.

(l) Distribute announcements of records management activities.

(m) Notify the Secretary of State if a record is lost or destroyed before it has met the retention period specified on the agencys approved retention schedule.

(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.