Code Section Group

Government Code - GOV

TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980]

  ( Title 2 enacted by Stats. 1943, Ch. 134. )

DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15986]

  ( Division 3 added by Stats. 1945, Ch. 111. )

PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790]

  ( Part 2 added by Stats. 1945, Ch. 111. )

CHAPTER 3. Secretary of State [12152 - 12279]

  ( Chapter 3 added by Stats. 1945, Ch. 111. )

ARTICLE 4. State Archives [12220 - 12237]
  ( Article 4 added by Stats. 1945, Ch. 111. )

12220.
  

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

(Added by Stats. 1945, Ch. 111.)

12221.
  

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

(Added by Stats. 1945, Ch. 111.)

12222.
  

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

(Added by Stats. 1945, Ch. 111.)

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.

(Added by Stats. 1945, Ch. 111.)

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.

(Added by Stats. 1996, Ch. 928, Sec. 4. Effective January 1, 1997.)

12224.
  

The Secretary of State may receive into the archives any item that he or she deems to be of historical value.

(Amended by Stats. 2014, Ch. 28, Sec. 12. (SB 854) Effective June 20, 2014.)

12225.
  

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 or she does not deem to be of historical value.

(Amended by Stats. 2014, Ch. 28, Sec. 13. (SB 854) Effective June 20, 2014.)

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.

(Added by Stats. 1945, Ch. 111.)

12227.
  

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

(Amended by Stats. 2014, Ch. 28, Sec. 14. (SB 854) Effective June 20, 2014.)

12228.
  

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

(Amended by Stats. 2014, Ch. 28, Sec. 15. (SB 854) Effective June 20, 2014.)

12229.
  

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

(Amended by Stats. 2014, Ch. 28, Sec. 16. (SB 854) Effective June 20, 2014.)

12230.
  

The Secretary of State shall establish a Document Preservation Shop and an Indexing Section to facilitate the preservation and indexing of the archives.

(Amended by Stats. 2014, Ch. 28, Sec. 17. (SB 854) Effective June 20, 2014.)

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 Historical Records Advisory Board, which for that purpose shall serve in an advisory capacity to the Secretary of State.

(Amended by Stats. 2014, Ch. 28, Sec. 18. (SB 854) Effective June 20, 2014.)

12232.
  

The Secretary of State shall utilize the California Historical Records Advisory Board 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, at state expense, to receive advice in the preservation of local government archives and public library collections of historical materials.

(Amended by Stats. 2014, Ch. 28, Sec. 19. (SB 854) Effective June 20, 2014.)

12233.
  

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.

(Amended by Stats. 2014, Ch. 28, Sec. 20. (SB 854) Effective June 20, 2014.)

12236.
  

(a) The Secretary of State shall establish a 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 and records management practices.

(9) Consult and provide information and advice to local government agencies on history and heritage.

(Amended by Stats. 2014, Ch. 28, Sec. 23. (SB 854) Effective June 20, 2014.)

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.

(Added by Stats. 2004, Ch. 783, Sec. 1. Effective January 1, 2005.)

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