Public records, as defined in Section 6252, in the custody or
control of the Governor when he or she leaves office, either
voluntarily or involuntarily, shall, as soon as is practical, be
transferred to the State Archives.  Notwithstanding any other
provision of law, the Governor, by written instrument, the terms of
which shall be made public, may restrict public access to any of the
transferred public records, or any other writings he or she may
transfer, which have not already been made accessible to the public.
With respect to public records, public access, as otherwise provided
for by this chapter, shall not be restricted for a period greater
than 50 years or the death of the Governor, whichever is later, nor
shall there be any restriction whatsoever with respect to enrolled
bill files, press releases, speech files, or writings relating to
applications for clemency or extradition in cases which have been
closed for a period of at least 25 years.  Subject to any
restrictions permitted by this section, the Secretary of State, as
custodian of the State Archives, shall make all such public records
and other writings available to the public as otherwise provided for
in this chapter.
   Except as to enrolled bill files, press releases, speech files, or
writings relating to applications for clemency or extradition, this
section shall not apply to public records or other writings in the
direct custody or control of any Governor who held office between
1974 and 1988 at the time of leaving office, except to the extent
that that Governor may voluntarily transfer those records or other
writings to the State Archives.
   Notwithstanding any other provision of law, the public records and
other writings of any Governor who held office between 1974 and 1988
may be transferred to any educational or research institution in
California provided that with respect to public records, public
access, as otherwise provided for by this chapter, shall not be
restricted for a period greater than 50 years or the death of the
Governor, whichever is later.  No records or writings may be
transferred pursuant to this paragraph unless the institution
receiving them agrees to maintain, and does maintain, the materials
according to commonly accepted archival standards.  No public records
transferred shall be destroyed by that institution without first
receiving the written approval of the Secretary of State, as
custodian of the State Archives, who may require that the records be
placed in the State Archives rather than being destroyed.  An
institution receiving those records or writings shall allow the
Secretary of State, as custodian of the State Archives, to copy, at
state expense, and to make available to the public, any and all
public records, and inventories, indices, or finding aids relating to
those records, which the institution makes available to the public
generally. Copies of those records in the custody of the State
Archives shall be given the same legal effect as is given to the
originals.

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Last modified: April 11, 2008