forwarded from the archivist listserv

---------- Forwarded message ----------
From: Lenoil, Nancy <[log in to unmask]>
Date: Thu, Mar 27, 2008 at 12:02 PM
Subject: [archives] Legislation to recover California public records
introduced
To: "Archives & Archivists (A&A) List" <[log in to unmask]>






Secretary of State Debra Bowen is sponsoring legislation introduced by
Assemblyman John Laird (D-Santa Cruz) that, if passed, would establish a
procedure by which state and local governments could recover official
governmental records that are found in possession of non-governmental
entities or persons. The procedure is also known as replevin.

Under AB 2595, when the Secretary of State, in consultation with the State
Archivist, has reasonable grounds to believe that records belonging to the
state or a local agency are in the possession of a person or entity not
authorized by law to possess those records, authorizes the Secretary of
State to issue a written notice demanding return of the records or an
explanation why the records do not belong to the state or a local agency. If
the person or entity fails to respond in a timely manner, the bill would
authorize the Secretary of State to request that the Attorney General
petition the superior court in the county in which the records are located
for an order requiring the return of those records.

The bill also would exempt any state or local agency records in the custody
of an organization or institution that adheres to professional standards
recognized by the Society of American Archivists for the management and
preservation of historical records.

The full text of the bill is available either in HTML or .pdf.

HTML: *
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_2551-2600/ab_2595_bill_20080222_introduced.html
*<http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_2551-2600/ab_2595_bill_20080222_introduced.html>

.pdf: *
http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_2551-2600/ab_2595_bill_20080222_introduced.pdf
*<http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_2551-2600/ab_2595_bill_20080222_introduced.pdf>

AB 2595 will be heard in the Assembly Governmental Organization and
Judiciary Committees in early April.  The first hearing will be on April 9
in Assembly Governmental Organization.

Letters relating to AB 2595 should be addressed to committee members. The
list of committee members and their contact information is available at:

Governmental Organization:

*http://www.assembly.ca.gov/acs/newcomframeset.asp?committee=9*<http://www.assembly.ca.gov/acs/newcomframeset.asp?committee=9>

Judiciary:

*http://www.assembly.ca.gov/acs/newcomframeset.asp?committee=15*<http://www.assembly.ca.gov/acs/newcomframeset.asp?committee=15>

The California Public Records Act***** (Government Code section 6250, et.
seq.)* holds that "access to information concerning the conduct of the
people's business is a fundamental and necessary right of every person in
this state". Historical records of government agencies provide information
by which all citizens may understand the decisions made by public agencies
concerning the public's business. The records are also essential to
maintaining the accountability of government.

An increasing number of government documents are appearing for sale through
online auctions or in the catalogs of manuscript dealers. When these
documents are in private hands, they are unavailable to the public.

Californians are encouraged to write to members of Committee on Governmental
Organization and Committee on Judiciary to urge them to support AB 2595 by
Assemblyman John Laird to restore the public's records to public hands.

A fact sheet concerning AB 2595 prepared by Assemblyman Laird's office is
available by contacting Sherrie Lujan at *[log in to unmask]*<[log in to unmask]>
.

Nancy Lenoil

*Nancy Zimmelman Lenoil*

*State Archivist & *

*Chief, Archives Division*

*Office of the Secretary of State*

*1020 "O" Street*

*Sacramento, CA 95814*

*(916) 653-0401*

*FAX: (916) 653-7134*

***[log in to unmask]* <[log in to unmask]>****



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Richmond, Va

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