BILL NUMBER: AB 972 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 1998
AMENDED IN ASSEMBLY JANUARY 27, 1998
AMENDED IN ASSEMBLY JANUARY 21, 1998
AMENDED IN ASSEMBLY MAY 5, 1997
AMENDED IN ASSEMBLY APRIL 14, 1997
AMENDED IN ASSEMBLY APRIL 9, 1997
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 27, 1997
An act to add Sections 25105.1 and 27322.5 to
amend Sections 12168.5, 14756, 25105, 26205, 26205.1, 26205.5,
27322.2, 34090.5, and 60203 of, and to add 12168.7 to, the
Government Code, relating to local government
to amend Section 102235 of the Health and Safety Code, and to amend
Section 10851 of the Welfare and Institutions Code, relating to
records .
LEGISLATIVE COUNSEL'S DIGEST
AB 972, as amended, Torlakson. Local government: county
records Government records .
Under existing law, the public records of a state agency may be
microfilmed, electronically data imaged, or otherwise
photographically reproduced in compliance with the minimum standards
or guidelines that are recommended by the American National Standards
Institute or the Association for Information and Image Management.
Under existing law, the county recorder may utilize any of various
techniques that do not permit additions, deletions, or changes to an
original document as a photographic reproduction process to record
some or all documents required by law or permitted to be recorded or
filed. The county board of supervisors may authorize the
use of photographs, microphotographs, electronic data-processing
records, or photocopies of all records, books, and minutes of the
board. All reproductions are required to be made in
compliance with the minimum standards or guidelines recommended by
the American National Standards Institute or the Association for
Information and Image Management.
This bill would provide that if those minimum standards
are not adopted by those organizations by December 31, 1999, the
California Association of County Data Processors shall be requested
to prepare alternative standards to be forwarded to the Legislature
delete various references to these minimum standards
and guidelines, request that the California County Information
Services Directors Association and the County Recorders Association
of California propose standards for recording in electronic media for
approval and adoption by the Secretary of State as regulations on or
before January 1, 2000, and authorize state and local government
recording pursuant to these regulations .
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25105.1 is added to the
SECTION 1. Section 12168.5 of the Government Code is amended to
read:
12168.5. When not inconsistent with other provisions of law, in
lieu of filing or recording documents presented in paper format, the
Secretary of State may file or record any document by using automated
data processing, telecommunications, and other information
technologies which that do not permit
additions, deletions, or changes in the original document. The
filing or recording shall constitute a unique computerized
informational record. The record need not be retained in the form in
which it is received, so long as the technology used to retain the
record results in a permanent record which
that may be accurately reproduced during the period for which
the record is required to be retained.
The filing officer may employ a system of microphotography,
optical disk, or reproduction by other techniques which
that do not permit additions, deletions, or
changes to the original document pursuant to regulations adopted
by the Secretary of State, as specified in Section 12168.7 .
All film used in the microphotography process shall comply with
minimum standards of quality approved by the United States Bureau of
Standards and the American National Standards Institute. A true copy
of the microfilm, optical disk, or other storage medium shall be
kept in a safe and separate place for security purposes. A
reproduction of any document filed, recorded, stored, or retained on
microfilm, optical disk, or by other technology pursuant to this
section shall be as admissible in any court as the original itself.
The Secretary of State shall obtain the approval of the Fair
Political Practices Commission before applying this section to a
filing or recording under the Political Reform Act of 1974 (Title 9
(commencing with Section 81000)).
SEC. 2. Section 12168.7 is added to the Government Code, to read:
12168.7. The California Legislature hereby encourages and
requests that the California County Information Services Directors
Association and the County Recorders Association of California, on or
before July 1, 1999, propose standards for recording permanent and
nonpermanent documents in electronic media for the approval and
adoption by the Secretary of State on or before January 1, 2000,
pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5
of Part 1.
SEC. 3. 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 regulations adopted by the Secretary
of State, as specified in Section 12168.7 for recording of
permanent records or nonpermanent records , whichever
applies .
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 such
reproduction, and such other information
as 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. 4. Section 25105 of the Government Code is amended to read:
25105. The board of supervisors may authorize the use of
photographs, microphotographs, electronic data-processing records,
optical disks, or any other medium which that
does not permit additions, deletions, or changes to the
original document, or photocopies of all records, books ,
and minutes of the board.
(a) Each photograph, microphotograph, or photocopy shall be made
in a manner and on paper which will comply with the minimum
standards or guidelines, or both, as recommended by the American
National Standards Institute or the Association for Information and
Image Management regulations adopted by the Secretary
of State, as specified in Section 12168.7 for recording of
permanent records or nonpermanent records, whichever applies. Every
reproduction shall be deemed and considered an original; and
a transcript, exemplification, or certified copy of any
reproduction shall be deemed and considered a transcript,
exemplification, or certified copy, as the case may be, of the
original. Each roll of microfilm shall be deemed and constitute a
book and shall be designated and numbered, and provision shall be
made for preserving, examining, and using it. A duplicate of each
roll of microfilm shall be made and kept in a safe and separate
place.
(b) Electronic data-processing records, records recorded on
optical disk, and records recorded on any other medium shall comply
with the minimum standards or guidelines, or both, as recommended by
the American National Standards Institute or the Association for
Information and Image Management. A duplicate copy of any record
reproduced 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 regulations adopted by the Secretary of
State, as specified in Section 12168.7 for recording of
permanent records or nonpermanent records, whichever applies, shall
be deemed an original.
(c) In the event the authorization provided herein is granted, the
personal signatures required by Section 25103 may be reproduced by
the authorized process, and the reproduced signatures shall be deemed
to satisfy the requirement of Section 25103.
SEC. 5. Section 26205 of the Government Code is amended to read:
26205. At the request of the county officer concerned, the board
of supervisors of any county may authorize the destruction of any
record, paper, or document which that
is not expressly required by law to be filed and preserved if all of
the following conditions are complied with:
(a) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data-processing
system, recorded on optical disk, or reproduced on film or any other
medium which does not permit additions, deletions, or changes to the
original document and is produced 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 regulations adopted
by the Secretary of State, as specified in Section 12168.7 for
recording of permanent records or nonpermanent records ,
whichever applies .
(b) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one which
that accurately reproduces the original thereof
in all details and which does not permit additions, deletions, or
changes to the original document images.
(c) The photographs, microphotographs, electronically recorded
video images on magnetic surfaces, records in the electronic
data-processing system, records recorded on optical disk, or other
reproductions on film or any other medium are placed in conveniently
accessible files and provision is made for preserving, examining, and
using the files.
Notwithstanding any other provision of this section, destruction
of the original records, papers, or documents is not authorized when
the method of reproduction pursuant to this section is reproduction
of electronically recorded video images on magnetic surfaces unless a
duplicate videotape of the images is separately maintained. A
duplicate copy of a record contained in the electronic
data-processing system, on optical disk, or on any other medium
which that does not permit additions,
deletions, or changes to the original document images shall also be
separately maintained.
SEC. 6. Section 26205.1 of the Government Code is amended to read:
26205.1. (a) The county officer having custody of nonjudicial
public records, documents, instruments, books, and papers may cause
to be destroyed any or all of the records, documents, instruments,
books, and papers if all of the following conditions exist:
(1) The board of supervisors of the county has adopted a
resolution authorizing the county officer to destroy records,
documents, instruments, books, and papers pursuant to this
subdivision. The resolution may impose conditions, in addition to
those specified in this subdivision, which
that the board of supervisors determines are appropriate.
(2) The county officer who destroys any record, document,
instrument, book, or paper pursuant to the authority granted by this
subdivision and a resolution of the board of supervisors adopted
pursuant to paragraph (1) shall maintain for the use of the public a
photographic or microphotographic film, electronic recorded video
production, a record contained in the electronic data-processing
system, a record recorded on optical disk, a record recorded by any
other medium which that does not permit
additions, deletions, or changes to the original document, or other
duplicate of the record, document, instrument, book, or paper
destroyed.
(3) The record, paper or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data-processing
system, recorded on optical disk or reproduced on film or any other
medium which that does not permit
additions, deletions, or changes to the original document and is
produced 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 regulations adopted by the Secretary of
State, as specified in Section 12168.7 for recording of
permanent records or nonpermanent records , whichever
applies .
(b) Paragraphs (2) and (3) of subdivision (a) do not apply to
records prepared or received other than pursuant to a state statute
or county charter, or records which that
are not expressly required by law to be filed and preserved.
For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.
(c) The county clerk having custody of the original or a copy of
the articles of any corporation may cause the destruction of any or
all the documents. "Articles" includes the articles of
incorporation, amendments thereto, amended articles, restated
articles, certificate of incorporation, certificates of determination
of preferences, dissolution certificates, merger certificates, and
agreements of consolidation or merger.
(d) Notwithstanding any other provision of this section,
destruction of the original records, papers, or documents is not
authorized when the method of reproduction pursuant to this section
is reproduction of electronically recorded video images on magnetic
surfaces unless a duplicate videotape of the images is separately
maintained. A duplicate copy of a record contained in the electronic
data-processing system, on optical disk, or on any other medium
which that does not permit additions,
deletions, or changes to the original document shall also be
separately maintained.
SEC. 7. Section 26205.5 of the Government Code is amended to read:
26205.5. At the request of the county recorder, the board of
supervisors of any county may authorize the destruction of any or all
of the filed papers or record books created by handwriting, typing
on printed forms, by typewriting, or by photographic methods, in the
recorder's official custody, if all of the following conditions are
complied with:
(a) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data-processing
system, recorded on optical disk, reproduced on film or any other
medium which that does not permit
additions, deletions, or changes to the original document, or
reproduced under the direction and control of the county recorder on
film, optical disk, or any other medium 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 regulations adopted
by the Secretary of State, as specified in Section 12168.7 for
recording of permanent records or nonpermanent records ,
whichever applies .
(b) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one which
that accurately and legibly reproduces the
original thereof in all details and which
that does not permit additions, deletions, or changes to the
original document images.
(c) The photographs, microphotographs, or other reproductions on
film, optical disk, or any other medium are made as accessible for
public reference as the original records were.
(d) A true copy of archival quality of the film, optical disk, or
any other medium reproductions shall be kept in a safe and separate
place for security purposes.
However, no page of any record, paper, or document shall be
destroyed if any page cannot be reproduced on film with full
legibility. Every unreproducible page shall be permanently preserved
in a manner that will afford easy reference.
For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.
SEC. 8. Section 27322.2 of the Government Code is amended to read:
27322.2. A system of microphotography, optical disk, or
reproduction by any other technique which
that does not permit additions, deletions, or changes to the
original document may be used by the recorder as a photographic
reproduction process to record some or all instruments, papers ,
and notices that are required or permitted by law to be
recorded or filed. All reproductions 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
regulations adopted by the Secretary of State, as specified in
Section 12168.7 . A true copy of the document shall be kept in
a safe and separate place which that
will reasonably assure its preservation for the duration of the
retention prescribed by law against loss or destruction. A true copy
of the document shall be arranged in a suitable place in the office
of the recorder to facilitate public inspection.
SEC. 9. Section 34090.5 of the Government Code is amended to read:
34090.5. Notwithstanding the provisions of Section 34090, the
city officer having custody of public records, documents,
instruments, books, and papers, may, without the approval of the
legislative body or the written consent of the city attorney, cause
to be destroyed any or all of the records, documents, instruments,
books, and papers, if all of the following conditions are complied
with:
(a) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data-processing
system, recorded on optical disk, reproduced on film or any other
medium which that does not permit
additions, deletions, or changes to the original document, or
reproduced on film, optical disk, or any other medium 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
regulations adopted by the Secretary of State, as specified in
Section 12168.7 for recording of permanent records or
nonpermanent records , whichever applies .
(b) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one which accurately and
legibly reproduces the original thereof in all details and
which that does not permit additions, deletions,
or changes to the original document images.
(c) The photographs, microphotographs, or other reproductions on
film, optical disk, or any other medium are made as accessible for
public reference as the original records were.
(d) A true copy of archival quality of the film, optical disk, or
any other medium reproductions shall be kept in a safe and separate
place for security purposes.
However, no page of any record, paper, or document shall be
destroyed if any page cannot be reproduced on film with full
legibility. Every unreproducible page shall be permanently preserved
in a manner that will afford easy reference.
For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.
SEC. 10. Section 60203 of the Government Code is amended to read:
60203. The legislative body of a district may authorize the
destruction of any record, paper, or document which
that is not expressly required by law to be
filed and preserved if all of the following conditions are complied
with:
(a) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data-processing
system, recorded on optical disk, reproduced on film or any other
medium which that does not permit
additions, deletions, or changes to the original document 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
regulations adopted by the Secretary of State, as specified in
Section 12168.7 for recording of permanent records or
nonpermanent records , whichever applies .
(b) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one which
that accurately reproduces the original thereof
in all details and which that does not
permit additions, deletions, or changes to the original document
images.
(c) The photographs, microphotographs, or other reproductions on
film, optical disk, or any other medium are placed in conveniently
accessible files and provision is made for preserving, examining, and
using the files.
For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.
SEC. 11. Section 102235 of the Health and Safety Code is amended
to read:
102235. Notwithstanding any other provisions of law relating to
retention of public records, the State Registrar may cause the
original records of birth, death and marriage filed under this part
to be destroyed if all of the following requirements have been met:
(a) One year has elapsed since the date of registration of the
records.
(b) The birth, death, or marriage records have been reproduced
onto microfilm or optical disk or by any other technique that does
not permit additions, deletions, or changes to the original document
in compliance with the minimum standards or guidelines, or
both, recommended by the American National Standards Institute or the
Association for Information and Image Management
regulations adopted by the Secretary of State, as specified in
Section 12168.7 of the Government Code for recording of
permanent records or nonpermanent records , whichever
applies .
(c) Adequate provisions are made that the permanent storage medium
reflects additions or corrections to the records.
(d) A permanent copy is maintained in a manner that permits it to
be used for all purposes served by the original record.
(e) A permanent copy has been stored at a separate physical
location in a place and manner that will reasonably assure its
preservation indefinitely against loss or destruction.
SEC. 12. Section 10851 of the Welfare and Institutions Code is
amended to read:
10851. (a) Each county shall establish and maintain a case record
for each public social services case and shall retain the record for
a period of three years. The three-year retention period begins on
the date on which public social services were last provided. The
records shall be retained beyond the three-year retention period when
the county is notified by the department or the State Department of
Health Services, whichever has jurisdiction over the records, to
retain records for a longer period of time. The department or the
State Department of Health Services, whichever has jurisdiction over
the records, shall instruct a county to retain records beyond the
three-year period when the retention is necessary to a pending civil
or criminal action.
(b) Notwithstanding subdivision (a), the board of supervisors of
any county may authorize the destruction of the case narrative
portions of the case record that are over three years old in any case
file, active or inactive, only after audit by the department or the
State Department of Health Services, whichever has jurisdiction over
the record. In addition, the board may also authorize the
destruction of those documents contained in the case file
which that are over three years old and are no
longer necessary to document the recipient's continued eligibility
for public social services. However, if a civil or criminal action
against a person based on alleged unlawful application for, or
receipt of, public social services, is commenced before the
expiration of the three-year period no portion of the case record of
the person shall be destroyed until the action is terminated.
(c) Each county shall maintain fiscal, statistical, and other
records necessary for maintaining accountability and meeting
reporting requirements relating to the administration of public
social services. These fiscal and reporting records shall be
retained for a minimum period of three years from the date of
submission of the final expenditure report and shall be retained
beyond the three-year period when audit findings have not been
resolved.
(d) The retention requirements imposed by subdivisions (a) and (c)
of this section are for public social services purposes only and are
superseded to the extent another statute requires retention of the
same records for a longer period for a different purpose.
(e) Notwithstanding subdivision (a), or any other statutory
requirement concerning the retention of public social services
records, a child protective services agency may, but need not, retain
a child abuse report which that has
been determined to be an unfounded report, as defined in Section
11165.12 of the Penal Code.
(f) Notwithstanding any other provision of law, a county may
retain a case record established pursuant to subdivision (a), and
retained pursuant to subdivisions (a) and (c), using either
electronic or other alternative storage technologies. Permissible
alternative storage technologies shall include, but not be limited
to, photography, microphotography, electronically recorded video
images on magnetic surfaces, electronic data-processing systems,
optical disk storage, or any other electronic medium which
that does not permit additions, deletions, or
changes to the original document and meets the minimum
standards or guidelines, or both, as recommended by the American
National Standards Institute or the Association for Information and
Image Management regulations adopted by the Secretary
of State, as specified in Section 12168.7 of the Government Code
for recording of permanent records or nonpermanent records
, whichever applies . A duplicate copy of any
record reproduced shall be deemed an original. Government
Code, to read:
25105.1. If the minimum standards referenced in Section 25105 are
not adopted by the American National Standards Institute or the
Association for Information and Image Management by December 31,
1999, the California Association of County Data Processors shall be
requested to prepare standards for use in California and to forward
them to the Legislature for consideration as an alternative to those
referenced in Section 25105.
SEC. 2. Section 27322.5 is added to the Government Code, to read:
27322.5. If the minimum standards referenced in Section 27322.2
are not adopted by the American National Standards Institute or the
Association for Information and Image Management by December 31,
1999, the California Association of County Data Processors shall be
requested to prepare standards for use in California and to forward
them to the Legislature for consideration as an alternative to those
referenced in Section 27322.2.