SECTIONS 12220-12237 - California Statutes

GOVERNMENT CODE

SECTION 12220-12237

12220. As used in this article, "item" includes but is not limited
to any paper, document, book, map, or other type of record.

12221. The Secretary of State is the custodian of the public
archives of the State.

12222. The Secretary of State shall maintain and properly equip
safe and secure vaults for the preservation, indexing, and use of the
archives.

12223. The Secretary of State shall receive into the archives any
item that is required by law to be delivered to or filed with him.

12223.5. The Secretary of State shall receive into the State
Archives any official committee file transmitted pursuant to Section
9080 or rulemaking file transmitted pursuant to Section 11347.3. The
Secretary of State may designate a time for the delivery of files in
consideration of document processing or storage limitations. The
Secretary of State shall not remove, alter, or destroy or otherwise
dispose of any item contained in a file received pursuant to this
section. Nothing in this section, or in Sections 9080 or 11347.3,
shall prohibit the conversion of an official committee file or
rulemaking file to another accessible format.

12224. The Secretary of State may receive into the archives any
item that he deems to be of historical value and shall receive into
the archives any other item from a state agency if directed to do so
by the Department of General Services.

12225. With the approval of the Department of General Services, the
Secretary of State may at any time return to the state agency from
which it was received any item in the archives which he does not deem
to be of historical value.

12226. With the consent of the Secretary of State, the governing
body of a county or city may by order or resolution direct the
transfer to the Secretary of State for inclusion in the State
archives, of official items it deems have historic interest or value,
and which are in the custody of any officer of the county or city.
Accurate copies of the transferred items shall be substituted for the
originals when the governing body deems necessary.

12227. The Keeper of the Archives is responsible for the
preservation and indexing of material deposited in the State
archives, and shall make the material readily available for use.

12228. The Keeper of the Archives shall give an appropriate receipt
for all material received by him as a part of the archives.

12229. The Secretary of State may maintain any item in an active
file in his office for such time as he deems proper before
transferring it to the archives.

12230. The Secretary of State shall establish a Document
Preservation Shop and an Indexing Section to facilitate the
preservation and indexing of the archives. He shall also prepare
exhibitions of documentary materials from the archives to be
displayed in the State Capitol Building.

12231. In carrying out the provisions of this article, the
Secretary of State shall consult with and give consideration to the
recommendations of the California Heritage Preservation Commission,
which for that purpose shall serve in an advisory capacity to the
Secretary of State.

12232. The Secretary of State shall utilize the California State
Library to advise, encourage, and coordinate the activities of the
county historical records commissions, either designated or appointed
by the county boards of supervisors pursuant to Section 26490. The
chairman or his or her designee of each county historical records
commission may attend an annual meeting with the California State
Library, at state expense, to receive advice in the preservation of
local government archives and public library collections of
historical materials.

12233. (a) The Secretary of State shall conduct under the
administration of the State Archives a regular governmental history
documentation program to provide through the use of oral history a
continuing documentation of state policy development as reflected in
California's legislative and executive history. The secretary may
contract with oral history units affiliated with public or private
nonprofit colleges, universities, or historical societies located in
California to perform selected program activities. The secretary
shall prescribe professional standards for the accomplishment and
governance of the program.
(b) The Secretary of State shall submit annually a report to the
Legislature on the program conducted pursuant to this section.

12234. The secretary shall conduct a feasibility study to assess
the needs, costs, and appropriate location for a new facility or
conversion of an existing facility, or both, to house the collections
and operations of the California State Archives for at least the
next 50 years. The study shall take into consideration the
appropriateness of combining compatible needs of other agencies to
allow for cost-effective construction or conversion, or both, of
facilities.

12235. (a) The Director of General Services, as agent for the
Secretary of State, shall construct on Site 7, Capital Area Plan, a
Secretary of State and State Archives Building Complex, parking
facilities, and any other improvements, betterments, and facilities
related thereto, for the primary use of the Secretary of State and
State Archives as outlined in the study report required by Section
12234.
(b) Revenue bonds, negotiable notes, and negotiable bond
anticipation notes may be issued by the State Public Works Board
pursuant to the State Building Construction Act of 1955, Part 10b
(commencing with Section 15800), to finance the construction and
equipping of the Secretary of State and State Archives Building
Complex, parking facilities, and any other improvements, betterments,
and facilities related thereto as described in subdivision (a).
(c) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
construction and equipping of the complex and facilities, the cost of
working drawings, sums necessary to pay financing costs, including
interest during construction, and a reasonable reserve fund.
Construction costs shall not exceed one hundred million dollars
($100,000,000) based on the Lee-Saylor Cost Index 433.
(d) The amount of negotiable bond anticipation notes sold shall
not exceed the amount of revenue bonds and negotiable notes
authorized by this section. Any augmentation of the approved project
costs shall be subject to Section 13332.11. The board may borrow
funds for project costs from the Pooled Money Investment Account
pursuant to Sections 16312 and 16313.
(e) At least 20 days prior to the award of the principal bid for
the construction of the complex, the director shall notify the
chairpersons of the fiscal committees of each house of the
Legislature of the amount of the bid.
(f) (1) The Director of General Services may lease the complex and
facilities financed with the proceeds of the revenue bonds,
negotiable notes, or negotiable bond anticipation notes from the
board pursuant to Section 15817 for use by the Secretary of State and
State Archives.
(2) The director shall notify the Chairperson of the Joint
Legislative Budget Committee of the director's intention to execute
any lease agreement authorized by paragraph (1) at least 20 days
prior to its execution.

12236. (a) The Secretary of State shall establish the Local
Government Records Program to be administered by the State Archives
to establish guidelines for local government records retention and to
provide archival support to local agencies in this state.
(b) The Secretary of State shall establish, publish, update, and
maintain on a permanent basis guidelines for local government records
retention. The Secretary of State may consult with appropriate
professional organizations representing city, county, and special
district records administrators regarding the establishment of these
guidelines.
(c) The program shall be primarily responsible for the performance
of the following functions:
(1) Publish the guidelines developed pursuant to subdivision (b)
in paper form initially and on the Internet web site for the
Secretary of State.
(2) Monitor and review changes in state laws and administrative
regulations that pertain to local government records retention.
(3) Monitor practices and procedures in records administration
that have bearing on local government records retention and
management.
(4) Update published guidelines on a current and timely basis as
changes occur.
(5) Make supporting information about state laws and
administrative regulations that pertain to local government records
retention available to local government agencies.
(6) Function as the liaison for the State Archives with
appropriate professional organizations.
(7) Maintain communication with individual local government
agencies.
(8) Consult and provide information and advice to local government
agencies on archival practices.
(9) Consult and provide information and advice to local government
agencies on history and heritage.

12237. (a) Notwithstanding any provision of Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1, any provision of law
that exempts from public disclosure any item in the custody of the
State Archives shall not apply to that item 75 years after the item
was created, irrespective of the origin of the item, the manner in
which it was deposited with the State Archives, or any other
condition or circumstance at the time the item was deposited.
(b) Subdivision (a) shall apply to any item currently in the
custody of the State Archives and any item deposited in the State
Archives after the effective date of this section.
(c) The State Archives shall notify any party who deposits any
item in the State Archives after the effective date of this section
of the provisions of subdivision (a).
(d) The Secretary of State's Internet Web site shall include a
public notice stating that on or after January 1, 2005, all items 75
years old or older that are on deposit in the State Archives shall be
accessible to the public.